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Criminal Defence | England & Wales

Fingerprints, DNA and photographs at the police station

When the police can take your fingerprints, DNA and photograph, whether you can refuse, and how long the records are kept afterwards.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

If you are arrested for a recordable offence, the police can take your fingerprints, a DNA mouth swab and a photograph without your consent, using reasonable force if necessary. Intimate samples, such as blood, need your written consent and an inspector's authority. How long records are kept depends on the outcome: if you are not charged, fingerprints and DNA profiles are normally deleted, with exceptions for some serious offences; after an adult conviction or caution they are usually kept indefinitely.

Legal issues

Taking

  • Fingerprints (PACE section 61) and non-intimate samples such as a mouth swab (section 63) can be taken without consent from someone detained after arrest for a recordable offence.
  • Photographs can be taken without consent (section 64A).
  • Intimate samples (blood, urine and some others) need written consent and an inspector's authority (section 62). Refusing without good cause can lead a court to draw inferences.

Retention of fingerprints and DNA profiles

  • Not charged, minor offence: deleted, unless you have a previous recordable conviction.
  • Not charged, qualifying (serious) offence: deleted unless the independent commissioner responsible for biometrics agrees to retention for 3 years, extendable once by 2 years by a district judge.
  • Charged with a qualifying offence but not convicted: kept for 3 years, extendable once by 2 years.
  • Adult convicted or cautioned for a recordable offence: kept indefinitely.
  • Under 18: special rules; a first minor conviction is usually kept for 5 years plus any custodial term.

DNA samples themselves must normally be destroyed within 6 months of being taken.

Evidence that matters

Your fingerprints and DNA profile are checked against national databases. A match is evidence the police may put to you in interview, so take advice before answering questions about it.

Reasonable lines of enquiry

If a match is alleged

  • How and where the sample was recovered, and its chain of custody.
  • Whether there is an innocent explanation for transfer, such as a shared home or prior lawful contact.
  • Whether the forensic report addresses how, not just whether, DNA came to be there.

What happens next

If you are not charged, deletion of fingerprints and DNA is usually automatic. Custody photographs are not covered by the same statutory scheme; you can apply to the police force to have yours deleted. You can also apply for early deletion of records through the national Record Deletion Process.

Immediate steps

  • Do not resist; force can be used lawfully.
  • Ask your solicitor before consenting to an intimate sample.
  • Keep a note of what was taken and when.

What should you send us?

Send the outcome letter (for example, no further action), the date of arrest and the police force.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise on samples at the station, test forensic evidence, and apply for deletion of records after the case ends. See police station representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I refuse to give fingerprints or DNA?

Not if you are detained after arrest for a recordable offence: they can be taken without consent. You can refuse an intimate sample, but a court may draw inferences.

Will my DNA be kept if I am not charged?

Normally no. The main exception is a serious qualifying offence where the independent commissioner responsible for biometrics agrees retention.

Can I get my custody photo deleted?

You can apply to the police force. Requests from people who were not convicted are considered individually.

NEXT STEP

Ask about your records

Call 0843 636 7687 or email [email protected].

Ask about your records