Can i demand that my fingerprints and DNA be removed from the police database after an “Absolute Discharge”?

Print On Demand

I was arrested for Breach of the Peace, and eventually given an Absolute Discharge by the court. Do i have a right to demand my DNA and prints be removed from the database, because I have not been convicted of any crime. in essence, it's as if it never happened.


13 Responses to “Can i demand that my fingerprints and DNA be removed from the police database after an “Absolute Discharge”?”

  1. Mr Sceptic — May 16, 2009 @ 5:41 am

    No. If you were given an absolute discharge, that means that you were found guilty, but given no punishment and no conditions.

    You were convicted of a crime, but the judge thought that no punishment was needed.

    Or do you mean that the case was dismissed?

  2. Missy0234 — May 16, 2009 @ 5:41 am

    ask the police

  3. shahramkel — May 16, 2009 @ 5:41 am

    sure, demand it. they'll say no or yes. either way, they won't erase anything. don't screw up again and it won't matter.

  4. AJ — May 16, 2009 @ 5:41 am

    No. They will be placed in the system as part of the public record. It will still show as an arrest, but not a conviction.

  5. Lauraaaaa — May 16, 2009 @ 5:41 am

    Does it really matter? If you're abiding by the law, then it won't cause a problem!

  6. ANF — May 16, 2009 @ 5:41 am

    You can but it will take perhaps years to get it removed as the Police deliberately slow down on the administration required. Contact your MP and a solicitor for the most effective result.

  7. oadbywonder — May 16, 2009 @ 5:41 am

    You can demand all you want,but the as the law stands if youre arressted you give youre finger prints and dna
    job done

  8. carol850428 — May 16, 2009 @ 5:41 am

    I've wondered about this too …. I don't think it's such a bad thing. Think about some disaster where you might not be identified, if you are on the dna data base, the authorities could identify you. This information can help prove your innocence too. Is it just criminals who worry about having this information on file?

  9. maxman71 — May 16, 2009 @ 5:41 am

    It depends in which state you live in. In CA, you can obtain a "Finding of Factual Innocence" which means "no reasonable cause exists to believe" you committed the crime in question. Such a finding are rare and hard to come by. But if you are able to obtain one, then the police and courts are required to seal your file for one year (cannot be reopened unless there is a court order) and then after one year, the file is to be destroyed. But you will need to follow-up to make sure all this occurs. The cops and courts are loathe to admit their mistakes and even more transient in fulfilling the related administrative obligations. Good luck, it is possible.

  10. tom_c — May 16, 2009 @ 5:41 am

    No.The Police have the right to retain fingerprints and DNA even if you're not charge You are in the same boat even with an absolute discharge. There is procedure for requesting removal but apparently will only apply in exceptional circumstances Have a look at http://www.theregister.co.uk/2006/04/26/dna_database_removal/
    This is being challenged see http://news.bbc.co.uk/1/hi/uk/7266130.stm

  11. James M — May 16, 2009 @ 5:41 am

    An Absolute Discharge does not mean that you were found not guilty.

    An AD is given where there is a finding of guilt against you, but the offence is so minor that any punishment would be inappropriate. That means the issue of your DNA and fingerprints being removed from the database is a non-runner right from the start!

    Your DNA and fingerprints will remain on the database, even if you have not been found guilty. The police can keep it even if they arrest you and no charges follow.

  12. st.abbs — May 16, 2009 @ 5:41 am

    I think because you have been charged with a crime you're dna will remain in the database.
    Even if you have been discharged by the court you will still have a criminal record and if you ever appear in court again this will be brought up..

  13. robert c — May 16, 2009 @ 5:41 am

    AJ has got it right!!

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