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I have a criminal record, but it is inaccurate. Can I get it corrected?

The Criminal Records Bureau and the system for obtaining criminal records certificates was established under the Police Act 1997 and it contains a procedure whereby you can have your criminal record corrected and a new certificate issued, a procedure which is set out below. Although I appreciate that you might be reluctant to provide your finger prints, the Police Act 1997 mandates this step and it is the only way in which your record will be cleared.

• If you believe the information contained in your criminal record certificate is inaccurate you may make an application in writing to the Secretary of State for a new certificate.

• On considering the application, the Secretary of State will issue a new certificate where he is of the opinion that the information in the certificate is inaccurate.

• You will need give evdidence of your identity to the Secretary of State to prove that the offences that were recorded against your name were not committed by you. Generally, the Secretary of State will require you to have your fingerprints taken to prove that the record does not relate to you.

• If the Secretary of State requires your application to be supported by your fingerprints, then you have to been notified that they will be subject to a speculative search meaning your fingerprints will be searched against finger prints taken from previous crime scenes that are still held by the police.

• If you receive this notice, you must then tell the Secretary of State whether you wish to proceed with your application and, if so, notify the Secretary of State that you consent to the taking of your fingerprints, and which police station you propose to attend to have your finger prints taken.

• Your finger prints will then be matched against those held by the police for the crimes that are listed on your record and if they don’t match the crimes should be removed from your record and a new certificate issued.

• Fingerprints taken in connection with your application must be destroyed as soon as is practicable after your identity is established to the satisfaction of the Secretary of State. Copies of the finger prints must also be destroyed and you can ask to witness them being destroyed. If the police fail to allow you to witness their destruction, you can ask for a certificate confirming that they have been destroyed, within three months of the date of your request.
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