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Take urgent action if you have an NFA - DNA Destruction: Progress

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  • #16
    I just want to clarify a point from Advocates post: if you have been arrested or get an NFA or equivalent wording, you are eligible to be moved to the front of the queue for destruction of DNA. Anyone in such a position should urgently apply to the relevant police force and request DNA and associated records to be destroyed.

    Exceptionally, it is worth asking for the PNC and all other records to be destroyed. If they think you didn't do it they may completely clean your slate.

    As to the USA, I have been doing further research. Arrest means much more, is a much more serious step, in the US than in the UK. More akin to charge. You have to contextualise the question and convert it to UK language where it would say "have you ever been charged for...". Add to that the US immigration authorities have no access to the PNC.

    In conclusion, I will be saying "no" to the arrest question and suggest others do the same. Do not raise questions with the US embassy as this may mark you for further checks...

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    • #17
      the advocate, I thought I'd post this on the thread....

      As I have yet to understand my rights after NFA notification, (arrest, following allegation by my young estranged wife, bail, 5 week 'investigation', followed by NFA last June), let alone even begin to act on them, I hope I'm not going to repeat an often-asked question.

      I gather I'm entitled to an interview with the inspector/ (chief inspector?) at the police station where I was arrested, to hear a report (?)/(opinion?) from him/her on reasons for the their NFA decision, based on the Threshold Test.

      I wonder what you think about my requesting an appointment, by phone, or email, to see this person, and do you think I could ask for the report, If I'm entitled to one, to be in writing?
      Am I right in thinking this would be the correct first step in trying to exercise my rights?

      I also have a bugbear about wanting a copy of my interview tape, and her 'statement', but I understand from the OIC, I need to ask a solicitor to get a court order for the police to release these to me, expensive, no doubt, and the statement may well have much of it deleted, apparently.

      Sorry, t.a. and thank you.

      JM
      Last edited by just married; 2 February 2013, 03:20 PM.
      I'm not ready to make nice

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      • #18
        Originally posted by just married View Post

        I gather I'm entitled to an interview with the inspector/ (chief inspector?) at the police station where I was arrested, to hear a report (?)/(opinion?) from him/her on reasons for the their NFA decision, based on the Threshold Test.

        Am I right in thinking this would be the correct first step in trying to exercise my rights?


        Sorry, t.a. and thank you.

        JM
        I think this should be the detective inspector of the 'sapphire unit', at my local police station in the metropolitaln area
        I'm not ready to make nice

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        • #19
          Nfa

          "This is of course excellent news. I would encourage anyone with an NFA or equivalent to write to the "The Early Deletion Unit" at the police force concerned requesting that"

          Hi Felix, Last year, May 2014, i was arrested on suspicion of ABH, my DNA and fingerprints were taken, they said it would all be destroyed if I am not found guily, i got an NFA after 6 weeks, How do I make sure they have destroyed it and get it in a formal letter? who do i write to?

          Thank you so much!

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          • #20
            "...for the person who has been arrested for or charged with an offence such as rape, the fingerprints and DNA profile can be destroyed after three years have elapsed from them being taken. I do not believe, that the PNC records of arrest and charge would be deleted however."


            I have not been charged, i got an NFA, this happened May 2014 and nothing has proceeded since, What are the laws for the DNA to be retained? how long until i can get it removed? How do i get it removed?

            Thank you

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            • #21
              Originally posted by Kumail View Post
              Hi Felix, Last year, May 2014, i was arrested on suspicion of ABH, my DNA and fingerprints were taken, they said it would all be destroyed if I am not found guily, i got an NFA after 6 weeks, How do I make sure they have destroyed it and get it in a formal letter? who do i write to?

              Thank you so much!
              Hi,

              Felix hasn't logged on for a couple of years so is unlikely to reply.

              I suppose you could make a start by writing to the chief constable of the force that carried out the investigation with your enquiry.
              'What doesn't kill you makes you stronger'

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              • #22
                Originally posted by Casehardened View Post
                Hi,

                Felix hasn't logged on for a couple of years so is unlikely to reply.

                I suppose you could make a start by writing to the chief constable of the force that carried out the investigation with your enquiry.
                What kind of thing could i write though?

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                • #23
                  Originally posted by Kumail View Post
                  What kind of thing could i write though?
                  I would suggest googling to find an official source for the DNA destruction process (and I can't help you there as while I know it was proposed, I don't know if the scheme is actually in place yet) and send a copy of this and ask if it will apply to yourself in due course (I believe the proposal was that if there was no charge, DNA records would be destroyed after a certain period of time)
                  'What doesn't kill you makes you stronger'

                  Comment


                  • #24
                    Originally posted by Casehardened View Post
                    I would suggest googling to find an official source for the DNA destruction process (and I can't help you there as while I know it was proposed, I don't know if the scheme is actually in place yet) and send a copy of this and ask if it will apply to yourself in due course (I believe the proposal was that if there was no charge, DNA records would be destroyed after a certain period of time)
                    Yeah thats what i read too but that was prior to the law coming into force in october 2013, but i cant find any where that clarifies what to do in each possible case, they only specify i believe 4 cases and none apply to me! & the thing that bothers me is what the officer told me before h took the prints, he said it would be destroyed but now the law seems different when i read it from you guys and the gov uk website?

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