" title="Reclaim Your DNA"> Reclaim Your DNA

The Chief Constable of the police force that arrested you is the owner of your computer records and your DNA sample and fingerprints. This is the person you need to write to to reclaim your DNA.

What you need to do is different depending on your situation. Click the option that applies to you:

1. You are innocent of any offence and know the police have your DNA
2. You are not sure if the police have your DNA
3. You were cautioned or convicted of a minor offence
4. You gave your DNA to the police voluntarily

1. You are innocent of any offence and know the police have your DNA

Have you:
1. Been arrested in England, Wales or Northern Ireland; and
2. Had your DNA and fingerprints taken at the police station; and
3. Not been convicted or cautioned for any crime?

If so, you can use the Write your letter page on this website to prepare a letter to the relevant Chief Constable to print out and post.

To do this you will need to follow these three steps:

1. Enter your details in the Write your letter form.
Add your name and address; the alleged offence for which you were arrested; the date of your arrest; and the ‘disposal’ – this means choosing ‘No futher action was taken’, ‘charges dropped’, or ‘acquitted’.

2. Choose the name of the police force which arrested you from the drop down menu in the form.

3. Print out 3 copies of the letter.
Post one copy to the Chief Constable – this website does not send the letter for you.
Keep one copy of your letter.
Send the third copy to your MP. This is important because your MP can help by writing to the police on your behalf, and can also help to try to get the Government to change the law.

2. You are not sure if the police have your DNA

If you were arrested in 2004 or later and taken to a police station, it is likely that your DNA was taken as a matter of routine at the same time as your fingerprints and photograph. The police will have asked you to open your mouth so they could take a swab from inside your cheek, but you might not have known why they were doing this.

If you were arrested before 2004, you should have been charged (not just arrested) before the police could legally take your DNA without your consent, unless your DNA was needed to investigate a specific serious offence.

If you were arrested before 2001, your DNA record should have been deleted if you were acquitted or charges against you were dropped, but this did not always happen in practice.

If you gave your DNA to the police voluntarily during an investigation, but were not arrested, your DNA record should not have been added to the database unless you signed a form agreeing to this.

If you want to check whether or not the police have any record of you — including your DNA — you can make a ’subject access request’. The Information Commissioner’s website explains how to do this. A list of police forces is here, to help you find the website of the one you need to write to.

3. You were cautioned or convicted of a minor offence

If you or your child have been cautioned or convicted of a minor offence, or given a reprimand or final warning, you may also be concerned about the police keeping your computer records and DNA for life.

If so, you can also write to your Chief Constable, but you will need to write your own letter, rather than using the form. A list of police forces is here, to help you find the website of the one you need to write to.

In your letter, you will need to explain why you think the police should delete your DNA, fingerprints and computer records and destroy your DNA sample. You might want to argue that:

• Keeping DNA permanently from people who are cautioned or convicted of minor offences is excessive. There is no reason to think you might go on to commit the type of crime where DNA evidence might be relevant.
• The system of reprimands and final warnings was designed specifically to avoid children and young people being labeled as criminals, which is often counter-productive. This means they should not be given permanent criminal records linked to their DNA and fingerprints.
• Keeping a child’s DNA for life for minor acts of criminal damage, caused by throwing footballs or snowballs, or scratching their name in a park bench, is excessive. The European Court said that the Government should pay particular attention to the rights of children.
• The offence for which you were convicted is no longer considered a crime.
• The offence for which you were convicted or cautioned involved peaceful protest against the Government and retention of your record on the database could be misused by governments in future.
• You are concerned that you or your child be unfairly refused a job or visa in the future as a result of a criminal record check, or that your DNA will be misused.

4. You gave your DNA to the police voluntarily

You may have given a sample of your DNA to the police voluntarily, either because you were a victim of a crime, or because you wanted to help them eliminate you from a criminal investigation. If so, you should not have had your DNA record added to the database unless you signed a form agreeing to this.

Many people are not sure what they have signed, or want to change their minds.

If you are not sure if the police have your DNA you can make a ’subject access request’, as described above. You can also write to the Chief Constable of the relevant police force, asking for your records to be deleted and your DNA destroyed, but you will need to write your own letter, rather than using the form. A list of police forces is here.

In your letter, explain the circumstances and ask the Chief Constable to delete your DNA, fingerprints and computer records and destroy your DNA sample. You might want to argue that:

• The form you filled in was not explained to you properly or did not give complete information, or that you were too upset to remember signing anything.
• You do not think that you gave properly informed consent and/or that you now wish to withdraw your consent.