Saunders Law has successfully applied to have a no further action removed from our client’s record.
Our client was arrested and interviewed by police for an allegation of sexual assault. After being interviewed, our client was No Further Actioned (NFA).
Whilst an NFA is not a caution or a conviction, it can still impact a professional’s career immensely if an Enhanced DBS certificate is required.
An Enhanced DBS check is suitable for people working with children or adults in certain circumstances such as those in receipt of healthcare or personal care. An Enhanced DBS check is also suitable for a small number of other roles such as taxi licence applications or people working in the Gambling Commission.
An Enhanced Disclosure and Barring Service (EDBS) check can include Convictions, Cautions, Warnings and Reprimands (all of which are, usually, disclosed automatically, as per the legislation, after old & minor records have been filtered and removed). But an Enhanced Certificate can also go further than that and include NFAs - where the police investigate you for an offence but decide not to prosecute you. It means certain allegations might be disclosed even though you showed the police that you were innocent.
Our client instructed us to make an application for an NFA removal from 2022. After reviewing the documentation received from both the police and ACRO, Saunders Law made an application for record deletion under the ground of ‘No Crime’, and that it was no longer in the Public Interest to retain the NFA on his record. Part of our argument was:
- Our client did not commit a crime,
- He himself was a victim of a crime,
- He is of extremely good character and has no previous record with the police, and
- The impact on his career was disproportionate.
Saunders Law made the application in October 2023 and received the successful outcome in November 2023.