
The Disclosure and Barring Service (DBS) is in charge of holding and maintaining records of all previous convictions. In some cases when an arrest was made, but the charge was dropped, it will show up on your record. In light of this, there are certain circumstances when you can challenge your record and have the conviction removed.
A recent case saw a former prostitute, Ms Broadfoot, successfully challenge her criminal record, leaving her free to pursue employment without potential employers knowing about her past.
It happens that Ms Broadfood was forced into sex work as a teenager and had a number of convictions for loitering or soliciting under the Street Offences Act 1959. These convictions would be readily available to potential employers in certain industries as part of mandatory DBS checks, meaning that she would be unable to pursue certain positions.
Mr Justice Holroyde and Mrs Justice Nicola Davies agreed that the balance between public interest and the rights of individual applicants is a fine one and at times unfair. Some applicants find themselves victims of the system as a result.
Ms Broadfoot has spent 20 years campaigning against automatic disclosure of the previous convictions of women in her situation. Her record will not include previous soliciting offences and many others like her will likely see their records filtered in this way.
It is therefore possible to remove a previous conviction from your record. Duncan Lewis’ ‘Action Against Public Authorities’ department is well versed in challenging personal data created and held by the police, including those found on criminal records.
There can be times when there might be errors on your criminal record. These include:
- Data entry dispute – this means your personal data has been inputted incorrectly i.e. your name, date of birth or address.
- Data source dispute – this is the more serious of the two as it means that it may detail a criminal conviction which is wrong or irrelevant.
If the police have noted these irregularities or pending disputes they should speak to you before issuing the DBS certificate. They should ask you if you want to dispute the information or correct it. A professional solicitor specialising in ‘Actions Against the Police’ may be able to assist you with this.
In cases where your DBS has been unlawfully disclosed, for example where the police have sent your DBS certificate but failed to inform you about an error, or you were not aware of something detailed on your record before it was disclosed, it is important to speak to an experienced solicitor to guide you through the challenges which you might be able to make.
Graeme Rothwell, Duncan Lewis Solicitors’ Action Against Public Authorities solicitor, is experienced in matters concerning claimant litigation against the police and allegations of misconduct.
He is an advocate and strategic litigator, with a dedicated approach to assisting those who have been affected by police misconduct to secure both explanation and compensation.
For expert legal advice on any civil or claim or complaint against a public authority, contact Graeme on 020 7275 2886 and graemer@duncanlewis.com.
Duncan Lewis Action Against Police Solicitors
As the nation’s largest provider of legal aid Duncan Lewis can offer specialist legal advice in all areas of Actions Against Public Authorities cases. Our practice is ranked in the Legal 500 2017 edition for our extensive experience in Civil Liberties and Human Rights matters, including complex and serious matters such as judicial reviews against the segregation of prisoners and detainees and claims for unlawful detention.
We can represent you in actions or complaints arising from the following issues:
- Wrongful Arrest;
- False imprisonment;
- Misfeasance;
- Malicious Prosecution;
- Assault and Battery including the use of Excessive Force;
- Data Protection Issues;
- Adverse Criminal Record Certificates (DBS checks);
- Trespass to Property;
- Unlawful Retention of Property;
- Race and Disability Discrimination issues;
- Human Rights Issues and;
- Judicial Review Applications
For expert advice on bringing a civil claim or complaint against the police, call
0333 772 0409.