NFA meaning: How long does NFA stay on your record UK?

Receiving an outcome of no further action (NFA) by the police may be a relief, but it can also come with some confusion around what it means and how it can affect your future.

An NFA on your record can still show up during employment checks, and potentially affect your applications for future work, university applications, and even travel. So you may be thinking to yourself, how long does NFA stay on your record UK, and how will this affect my life?

In this article, we’re going to explain what an NFA is, what it means for you, what action you can take to remove your police record, and answer the question of how long an NFA stays on your record in the UK.

Please note: this advice only applies to those in England and Wales. Scotland has their own laws and regulations.

What does No Further Action (NFA) mean?

A No Further Action letter from the police means they have concluded the investigation and are not progressing with any charges against you. Therefore, you will not have to attend court and will not be charged.

If you are arrested and subsequently released, there are one of two outcomes. You will either receive a summons to attend court or you will receive a no further action (NFA) letter. No further action doesn’t necessarily mean you were found innocent; sometimes it just means the police did not have enough evidence to proceed with a prosecution.

The police may retain records of your arrest, and no further action, which can cause complications in the future, especially when it comes to employment, travel, and anything that requires a background check. Those who view your NFA decision may wonder whether you were innocent or not, and doubt whether they should trust you. Depending on the crime you were arrested for, it may prevent you completely from getting a specific job or travelling to another country. Even though you weren’t charged, the record itself could raise concerns.

Does NFA remain on your police record?

Most of the time, an NFA decision will remain on your police record. This includes your record on the Police National Computer (PNC) and possibly local police systems. There are circumstances where the police should remove your records from the Police National Computer and local police databases if there is no lawful reason for them to actually retain your data. We’ll go into more detail about this and what you can do if this has happened to you.

How long does NFA stay on my record in the UK?

An NFA decision, in most cases, remains indefinitely on your Police National Computer (PNC) record until you are 100 years old. You can take steps to have this removed, however. If you have never been convicted of a crime, received a formal caution, and have no unspent convictions, the police may not have the reasonable grounds to retain your data, and it should be automatically deleted or removed from their system. This is in line with the UK General Data Protection Regulations and the Data Protection Act 2018.

If the police continue to retain your data, despite having no lawful reason to do so, this could be classed as unlawful retention of data. Investigative journalists, Liberty Investigates, published a report in August 2023 stating that police forces are unlawfully storing the sensitive data of potentially millions of people who have never been charged with a crime. Reports found that the government’s biometrics watchdog had repeatedly raised concerns about police breaching Data Protection rules by retaining the information of those who had been arrested and later released with no charges or convictions.

How long does it take to get an NFA after an arrest?

There is no set time limit for receiving an NFA letter. In some cases, you can receive the decision in just a few hours; in others, it can take several weeks or months. It all depends on how long it takes to carry out the investigation. Read more about how long it takes to get an NFA letter in our recent blog.

What to do to clear your police record after an NFA?

If you have received an outcome of no further action by police, and have not ever been charged for a crime or received any formal cautions, then the police should not retain your data. If they do, you could request that they remove your details from the Police National Computer (PNC). However, they do not always comply with this, unfortunately, and the damage of having this record could already have been done.

While an outcome of NFA may not always appear in routine checks, the retention of this information can still show during enhanced checks and have significant consequences on:

• Employment – Some employers may require an enhanced DBS check, where the NFA may be disclosed, and this could prevent you from getting that job.
• Education – similarly, if applying for some courses, it may flag on an enhanced check, and you may be rejected from the course.
• Travelling – Some countries, such as the United States, may deny those with a criminal record entry into the country, regardless of the outcome of the case.
• Child custody agreements – Having a record of arrest, despite the NFA outcome, could lead to issues with your child custody.
• Personal reputation – There is often a stigma attached to an arrest, even without charges, which could persist if your record remains.

This can lead an individual to feel very distressed and result in damages, such as financial losses. If this is the case, you could be entitled to claim compensation for the unlawful retention of your data and any distress you suffered. You may be able to receive around £5000 for any distress or inconvenience suffered as a result of unlawful retention of your personal data by the police. If you’re unsure whether the police are unlawfully retaining your personal data, read more about it here.

How to make a claim for unlawful retention of your data by the police?

To claim compensation for the unlawful retention of your data, you’ll need to launch a civil claim against the police force responsible. When doing so, it is advised that you instruct a specialist solicitor who has knowledge of the law around data protection and civil actions against the police, such as HNK Solicitors. They’ll be able to handle the case for you, gathering evidence to support your claim to show the court the retention of your data was unlawful, and it has caused you distress or inconvenience. They will also be able to help you get your records removed from the PNC.

HNK Solicitors can help with your unlawful retention of data claim after receiving an NFA

If you feel your data has been unlawfully retained by police after receiving an outcome of no further action, get in touch with HNK Solicitors today. We have a team of expert data breach specialists and action against the police solicitors who can work together to help you get the compensation you deserve and clear your record. They have helped clients previously claim compensation for unlawful retention of data, including one claimant who received £10,900 from Bedfordshire Police after they were arrested and released with no further action.

Get in touch with our team today at 0151 668 0809 or email us at enquiries@hnksolicitors.com, or via our online claim form to start your claim. We provide free consultations and can pursue claims on a no-win, no-fee basis.