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Security Clearance And Recent Arrests/charges

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mhtu111 | 00:25 Tue 27th Nov 2018 | Law
23 Answers
Within the past year, I have had charges brought up against me, the charges were either dismissed or discontinued. No charges made it to trial, however, for one of the charges i was found formally not guilty in a crown court before trial as there was no evidence, and the other three summary only offences were discontinued a month later before trial at a magistrates court. None of the charges were qualifying offences.

I am wondering if this could be used against for security vetting?

The most upsetting part is that the police came over for a completely different minor reason which would not have resulted in an arrest, however as I was working on a harmless electronics project, they immediately got scared, evacuated the building and called the B-squad... It was a nuisance type charge which did not make any sense at all, as my lawyer did say that the public nuisance was caused by the police themselves and it was not a crime in itself... (this was the charge that I was found not guilty of at a crown court, it was formally dismissed, not discontinued, whereas the other summary only offences were discontinued before trial at a magistrates court)

It is a very worrying situation, as I am seeking work in the public sector now that I have graduated, but I can't help to worry that the allegation will destroy my chances at any level of government security clearance...

My question is, will the vetting agency use an allegation by the police that resulted in a not guilty verdict at a crown court against me and think that I am a risk?
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@Peter

How am I not disputing the facts?
er - you know the facts - and if you are disputing them or not.

I read that the facts were A, B and C
and the police had said this means D E and F
and you said - no they dont mean that - they mean G H and I all of which are lawful.

but you know - you're the fella,

anyway more to the point, as I got bored, the case on recording subjective opinions on the PNC is here
https://www.bailii.org/ew/cases/EWHC/Admin/2018/3333.html
and seems relevant - because it answers the question "are the police allowed to record D,E and F even tho you disagree?"
( short answer is - yes they can so long as they go thro a checking procedure which is not particularly arduous)

here is another document you might like to view
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/301558/QAF_v9_MP6_PNC_Hit_Relevance_April_2014.pdf

and it strikes me that for security clearance
a lot of 'non-conviction information' may well be disclosed
Question Author
@Peter Pedant

"can you appeal subjective information on the PNC ?
yeah - the case I cited in the other thread is an example
The chances of a successful appeal is fact-dependent "

About a month ago, i applied for records deletion through ACRO, a few days ago I received a decision made by a chief police officer. The decision was that they will delete the 'Public Nuisance' charge/record.

However, I have done more digging, and apparently, this does not affect local records of the MPS.

So although I have been found not guilty, and then a chief police officer from the MPS looked at all the evidence and grounds for deletion, and made the decision to delete the records from the PNC... I am still screwed in terms of records being held locally...

So in other words, nothing can be done right?

Also, my chances of getting accepted for clearance still remain the same?

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