DNA and Fingerprints - Removal of Information

[birdie1971]

When I joined the cops I had my fingerprints and DNA taken for obvious reasons. Now I'm back on civvy street and I'm a little concerned about the number of employers who ask the question, 'Have you had your DNA taken and stored by the police?' on their job application forms.

I would have to answer 'yes'. I'm slightly concerned that if I apply for a job and that question crops up on the form, someone in an office will bin my application just for answering 'yes'.

How do I go about requesting that my DNA and fingerprints be removed from the national database and how successful do you think I'll be?

[bobs1975]

I have no idea how to get it removed - perhaps you could ask one of your former colleagues.

On a side note - that is a very cheeky question on a job application form. To me this appears to question if someone has had any involvement with the police. So if someone was arrested on "suspicion" and then got NFA'd (no further action) ie completely innocent - then a prospective employer could judge on this question.

Unless someone was convicted and it appeared on a CRB check I'd answer NO. What right do they have to judge someone who is innocent without being proved guilty.

[New Judge]

It isunlikely you will ever get the details removed unless the UK is forced to comply with a recent ruling from the European Court.

See the fourth paragraph of my answer at 10:56 on 30/3/09:

http://www.theanswerbank.co.uk/News/Question73 1324.html

[A.Guest]

Interesting point birdie. I was recently the victim of a burglary, and I had to provide my fingerprints for 'elimination purposes'. So I believe that my details remain recorded with the police.

[Wonderous]

If you are a former cop you should know that your DNA isn't entered onto the National Database as it would be if you had been arrested. It is stored on a separate database for elim purposes only, if required. If you committed a crime today and DNA was found at the scene it would not give a hit on the National Database. You need to speak to your former Force and ask them to remove your details, There is no legal reason for the Force to refuse your request as it was not a PACE buccal swab/elim prints you provided.

Hope this helps.

[Wonderous]

A Guest...

When you gave your elimination prints they are only compared against prints recovered from the scene, not put on NAFIS (the database). Once your prints have been eliminated, the Force will destroy your prints. Your prints will not be held on the system for matching against any other crime. Hope this helps

[sleepy1j]

do they keep everyone's dna when they are arrested even if they was not charged ?? i wonder if they still have mine then ..

[Buenchico]

The excellent replies from Wonderous seem to have answered your question.

However, I'm interested to note that you state that some employers are now asking whether candidates have ever had their DNA taken and stored by the police. This would appear to be an attempt to circumvent the provisions of the Rehabilitation of Offenders Act, by getting candidates to reveal spent conviction via a circuitous route. Reading the Act (particularly Section 4) makes it clear that a candidate could lawfully answer 'No' to such a question if he's had a DNA sample in relation to an offence for which the conviction is now spent:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=All+Legislation&title=rehabilitation+of+of fenders&searchEnacted=0&extentMatchOnly=0&conf ersPower=0&blanketAmendment=0&sortAlpha=0&TYPE =QS&PageNumber=1&NavFrom=0&parentActiveTextDoc Id=1776430&ActiveTextDocId=1776436&filesize=93 31

Since someone who has been convicted of an offence can lawfully answer 'No' to that question (as long as the conviction is now spent) it would seem unlikely that you could be successfully prosecuted for 'fraud by false representation' if you also answered 'No'.

Chris

[Wonderous]

Sleep1J

Yes, if you were arrested and not charged your prints/DNA will be on the National Database. They were taken in line with PACE and you cannot get them removed. Sorry!

[birdie1971]

Chris � I agree wholeheartedly that this is an attempt by employers to get candidates to reveal spent convictions. I also think it�s a blunt instrument to weed out particular candidates. The thinking being that if you are the �type� to get arrested then you are �unsuitable�. Whatever the reasons for the question being asked, the fact remains that it is being asked more and more.

Wonderous � Thanks for the answers. I assumed that they would be entered on NAFIS as a matter of course. From what you are saying, it appears that I have been misinformed.

New Judge � Thanks for answering. It appears your previous answer related to persons who have been arrested under PACE. My case differs in that my DNA and fingerprints were taken for another purpose (I hope).


Thanks again to all those who replied.

[bobs1975]

Hey - fancy naming and shaming these employers?

[sleepy1j]

i think dna if your not charged shouldnt be kept .:(