The Act Commentary on Sections Part 5: Safeguarding vulnerable groups, criminal records etc. Section 95: Effect of disregard on police and other records
372.Subsection (1) provides that where a conviction or caution is disregarded, the Secretary of State must direct the relevant data controller to delete the details of the disregarded caution or conviction from all official records. The term ‘relevant data controller’ is defined in subsection (5) augmented by an order made under that subsection; in most cases this will be the chief officer of police of the force which investigated the offence.
373.Subsection (2) provides that notice of deletion can be given at any time once the Secretary of State has made a decision to disregard a conviction or caution, but that deletion will not be effective until the applicant has been informed and 14 days have elapsed since that notification.
374.Subsection (3) requires that, subject to subsection (2), the data controller must delete the relevant records as soon as reasonably practicable.
375.Subsection (4) provides that the data controller must notify the applicant in writing that deletion has taken place.