Clearing My Name - No Crime

[felix]

As some of you may remember I was arrested Nov 2010 and falsely accused of violent rape and finally got a "decision not to proceed" in April 2011. I have been working with my very helpful MP and his staff to attempt to get this case "No Crimed" and to get my DNA destroyed and records including fingerprints expunged from the Police National computer.

After some correspondence back and forth we are now formally at the stage where the Exceptional Cases Unit has acccepted and acknowledged my request. This happened eventually in February 2012.

Be warned, anyone who embarks on this type of project, that there are administrative barriers to getting your case reviewed which all take time to overcome. I can't afford a solicotor to help me (I am unemployed; my business collapsed following an illness following my arrest) so asked the MP who is brilliant.

But neither of us are experts and the first letter which we drafted from him was rejected. It has to come from me apparently, with a covering letter from him.

We have been pushing for a reply since February and today I heard:

"that it can take at least 7 months to a year before a report can be compiled on your case and then submitted to the Commander for consideration. I understand this is frustrating, but the process of attempting to have this information removed is a thorough and time consuming process. "

In the meantime I have an Enhanced CRB in process and dread the result. Also am having to go the long and expensive way round to getting a USA visa!

Just for info to help anyone in this process. I am not complaining about the police - they have to follow procedures - but it is all so time consuming - and so unfair when I never committed any crime....

[RFLH]

thanks for keeping us in the loop over this Felix - I'm sure it'll be helpful for others who will follow you.

[felix]

Thanks but I just wish this would not take such a miserably long time. The frustration is nearly unbearable.

I know this may seem sick to those who are waiting for an NFA but the truth is that even with a "decision not to proceed" I still feel tainted and distressed, irrespective of the practical difficulties.

[Faith]

I'm going through exactly the same process Felix, albeit at an earlier stage. I have written to the Chief of Police and also ordered an eCRB.

Next step will be contacting an MP.
Thanks for keeping us all informed.

[hurley11]

Similar theme

I got the news I was NFA'd on December 11th.
At 9.15am the next morning I received a text off my so called wife saying " I know I have no rights to ask for a favour.." and "I have my own place now"
We had, had no contact for five months before this whilst the investigation was under way.
We met (stupidly) at a local cafe and she blamed everyone apart from herself for the accusation.
We (stupidly again) started seeing each other again and she sent various texts to me saying "Sorry for all the pain I've caused you", "wish I was in bed with you" amongst others which were quite sexual and not ones which you would expect a woman who had been raped to send to the accused.

I have just received my new enhanced CRB and it is a distressing read.
Could I use the texts I received from her to get N.C'd?

We went our separate ways after Christmas, there are some things one cannot forgive someone for.

[Faith]

Out of interest hurley, what is shown on your eCRB?

[hurley11]

It gives a brief outlined of the allegation, that my wife had accused me of raping her twice and that because the police hadn't enough evidence, that the CPS had decided to drop the case.

[Izzy]

Thanks for the update Felix. I came across your posts a while back when I used the search facility looking into travel.

Sounds like it is a long frustrating process but definately worth fighting to clear your name and record and I wish you well.
Your thread will be of help to others who want to go down the same route.

[0990]

thanks for the post felix, im trying to do the same with my case , but finding the police little to no help, my F A has moved house to live 7 doors away from me . so my issues havent gone away .

would be interested in any progress you make

[felix]

I have given up hoping that anybody - outside of my MP who has been superb, bless him, and members of this forum - will be of ANY help at all.

• The police force concerned have not been terribly interested nor helpful - why in a sense would they be because this causes a huge hassle for them and they get no "brownie points" for it since it does not generate any more arrests.
  
• The police have tended to try to use administatative ptroceedures and deadlines as reasons for not progressing. There is no urgency at all. I get the feeling the Exceptional Cases Unit is not overly staffed.....
  
• You can't get legal aid to help you clear your name.
  
• My solicitor is not interested because there are no fees in it for him.

I am terrified what the ECRB will show. Can a private individual ask to see his own ECRB? How do you go about that - Faith and Hurley?

Part of the problem is the Daily Mail headline fear:

"Chief Constable of XXXXX orders destruction of accused rapist's DNA"

Doing nothing removes that risk to one's index linked pension!!

I am also afraid of any possible publicity if I push things....

I am about to have an acid test of my ECRB as i have volunteered to participate in a major summer camp where I will be helping vulnerable teenagers - and I have declared up front my situation explicitly on the application form to the organisers.

Let us see if prejudice rules!!!

[Faith]

I did the same as you Felix...I volunteered to help with a charity serving disabled and vulnerable adults and was open over the allegation. To be fair, they said it shouldn't affect me and they claimed they understand that false allegations occur.
But it will all depend on what shows on the eCRB I suppose. Waiting for my copy.

If you contact Goodman's Law Felix, they are in touch with a company who can request a full eCRB for you. it costs about £50 but may be worth it. This is the same solicitors who are specialised in challenging entries on eCRBs.

Like you say though, public funding isn't available so you would have to dig into your own pocket to facilitate this...

[lawlessone2009]

What the state says and what the state does are two entirely different things.

Once the Police extract a DNA sample from you an array of checks and systems come into play. It is not only 'your' DNA sample that is run through the system but also a check done, using your sample, for possible family relations that may be involved in an unsolved crime. I can't remember the exact name for this at the mo. Your DNA is shared with many of your relations so not only are you under the spotlight but also them (provided they don't already have some of your families DNA).

The actual DNA sample 'may' be removed from the PNC ect BUT it will never ever be removed from the database entirely. It may not be at the front end user side but you can be assured that it remains on a database somewhere.

The 'crime' which was alleged also never goes away. It could be removed from the system but not from the system, if that makes sense? A 'no crime' marker is STILL a marker. I understand that people do not want things showing on their eCRB but if you were to face an accusation whilst working with vulnerable people either children or adults then the Police would NOT treat it in the same manner as someone who had never faced an accusation as the 'marker' is still on your file and the information about the allegation can quickly be brought up.

Once the state have information on you they have it forever. They are not going to simply delete it either due to there being no crime or a lack of evidence to prove a crime. Their stance is that there 'might' have been a crime but they just can't prove it at the moment, doesn't mean they won't have the opportunity too in the future.

I would be extremely wary of putting yourself into a situation with vulnerable people be they kids or adults. Accusations are easily made, as I am sure you are aware, and not so easily defended. Having previous experience of the trauma that an accusation can bring should encourage you to prevent it from happening again. I, personally, would avoid working with anyone that falls into the 'vulnerable persons' group as you don't know entirely what makes them 'vulnerable' and even if you do they may be mentally unstable enough to change tact.

I can understand that many people face false accusations yet are determined that they want to do good for society and help out those in need. I know a lot of people that equally love children. I know others that feel compelled to help out with their kids football team or whatever. All of these people feel victimised by the big black mark that hangs over their heads due to the eCRB and I can see why those who are genuinely not guilty wish to pursue having the info removed from their files.

I would however recommend caution. You may get as far as cleaning up the eCRB so that you can do whatever it is you wish to do but also remember that the false accusation against you remains on a file ready to come back and haunt you given even the slightest opportunity.

[felix]

I am going for an eventual end game of a positive affirmation from the Chief Constable that there is NO record held about me relating to this incident - as Libery suggest. Are you suggesting the Chief Constable concerned might perjure themselves in giving such an affirmation?

[lawlessone2009]

I am going for an eventual end game of a positive affirmation from the Chief Constable that there is NO record held about me relating to this incident - as Libery suggest. Are you suggesting the Chief Constable concerned might perjure themselves in giving such an affirmation?

If there is no record then what are you worrying about?

I can only surmise that the arrest/questioning/DNA etc all led to a long line of paperwork that isn't simply going to disappear.

Your criminal record (so far as eCR from what I can gather will show as 'No Crime' with regards the alleged incident or in general?

Your record that everyone else will be able to see may show clear but the Police will hold the info as will back end databases. Nothing disappears in the age of information. The reality that you and I live in with our freedom of information requests and politicians expenses online is a little different from the actual reality that is monitored and controlled in a vastly complex manner. Add in a little bit of 'terrorism' and all of a sudden the state keeps masses of information on every single person 'just in case'.

Are you actually in the process of getting a positive affirmation from the Police?

[felix]

In steps. First step is to get dna back and records destroyed. Then FoI request and ECRM. Then a request via MP for positive affirmation of no records held. If you are interested talk to Liberty about the process. I am at stage 1 with Exceptional Cases unit of the relevant Police Force.