Arrested but not charged

Hello,

I was hoping somebody could point me into the right direction, please. I am applying for BC and I was arrested 3 years ago as a result of untrue allegations made by my wife (we have since then sorted out our issues). She alleged that I sent her threatening text messages. I was taken to the police station for questioning and I was released on the same day without being charged.
The case was NFAd, police decided not to charge me due to insufficient evidence (i.e. it was made up) and my wife was unwilling to press for charges. I requested for record deletion but they refused to delete my PNC record because based on the allegations the arrest was lawful. My DNA and fingerprints were deleted automatically as I wasn’t charged.

Do I need to declare this incident on the application form? If so, at which section?

Not to be declared. An arrest is not a conviction.

equitydealer wrote: ↑

Fri Nov 30, 2018 8:50 pm

Not to be declared. An arrest is not a conviction.

But the OP said that it was recorded on the PNC. Don't you think that the caseworker will see it?

Djsuccess wrote: ↑

Sat Dec 01, 2018 5:18 pm

equitydealer wrote: ↑

Fri Nov 30, 2018 8:50 pm

Not to be declared. An arrest is not a conviction.

But the OP said that it was recorded on the PNC. Don't you think that the caseworker will see it?

Thanks for your replies. I am aware they will see it on PNC and it will say NFA. However my understanding of the AN booklet and the caseworker guidelines is that there is no requirement to declare an arrest if it does not result in a conviction.

My only concern if I declare it, they might put the file away so someone can dig deeper into my history while if I don’t, when the caseworker sees NFA, and will just move on. Any thoughts?

Is there anyone who says I should definitely declare it?

No further action means that no proceedings are to be brought against you. You have not been found guilty (therefore innocent), it has no affect on your citizenship application. It’s not an item to be declared on your application regardless of the fact that there’s an entry on the PNC.

Anybody can be arrested to allow a police officer to conduct enquiries and impose bail conditions if required, e.g if your neighbour claims you assaulted him/her the police may arrest you based on what he/she has said regardless of any evidence at the time. An arrest is in itself not an indicator of your good character as regards to citizenship.

Why was the arrest recorded on the PNC in the first place? Did you request a SAR from ACRO:
https://www.acro.police.uk/subject_access.aspx

rooibos wrote: ↑

Tue Dec 04, 2018 10:38 am

Why was the arrest recorded on the PNC in the first place? Did you request a SAR from ACRO:
https://www.acro.police.uk/subject_access.aspx

Because that’s the policy.

Hi I’ve been in a situation close to that. I was arrested a few times, some resulted in a conviction but were discharged due to my mental health and all charges were cleared so no convictions recorded but regarding the arrests, at the end of the application where it says to add anything I want, I simply stated I was arrest on the dates and the result. That way if they check pnc I they can see it and and not accuse you of deception or something like that. But am sure you don’t have to do that. I just done it to give me peace of mind. Hope this is helpful in some way

Alter29 wrote: ↑

Tue Dec 04, 2018 4:04 pm

I was arrested a few times, some resulted in a conviction but were discharged due to my mental health and all charges were cleared

Thanks for your reply. Your situation - and most situations I have read about on the forum - is slightly different because you and others actually ended up in court as a result of the arrest or they had a series of arrests which might reflect on someone’s character and that’s what the HO wants to hear about so you don’t hide it.

Yes, it’s the peace of mind element. I read through all the guidance documents and there is no suggestion that a stand alone arrest needs to be declared in any shape or form. I spoke to the HO and they said the same, if it’s not in the guidance, no need to declare. If I really wanted to, I could write a letter and upload it, they said.

I convinced myself that I don’t see how it can be seen as a deception or an attempt to hide facts if I don’t even have to declare it in the first place. On another note, I hold quite a high level of police security clearance for my work and I had to declare the arrest on that form years ago but that form specifically asked for it.

Not all my arrests ended up in court. But what I was saying is, in my case for arrests that didn’t result into going to court, I stated them at the end of the application. I didn’t have too but I was going out of my mind worried about deception and so on. So all am saying is you don’t have to declare but if your that concerned you can simply mention the arrest at the end of the application. Plus you already know that one arrest isn’t going to affect your application in anyway. So simply stating the arrest won’t hurt. But at the same time it’s your application. But whatever decision you make am sure you’ll be fine. Good luck

Actually read through your situation l again am pretty sure you don’t have to say anything about the arrest. I think equitydealer ir right