Spent Convictions Bill Query

seamus1980 · 31-01-2013 2:15pm #1

Hi there,i have just a quick question about Spent Convictions Bill,I was looking to get a garda clearance cert to provide to the canadian embassy for a working holiday visa,but back in 2008 i was convicted of drink and driving so now i have a conviction on my record and it shows up on my garda clearance cert which is not allowed and hinder,s me from applying for the visa,my question is Spent Convictions Bill deal with wiping off this record?Any information would be fantastic,.Also guys do yous think this
legislation will come into effect this year?also if i talked to my solicitor could he help getting conviction removed or is there any way around this?Thank you very much and i look forward to your reply,s;)

ResearchWill · 31-01-2013 2:31pm

The bill deals with that issue, section 8

http://www.justice.ie/en/JELR/Criminal%20Justice%20(Spent%20Convictions)%20Bill%202012-P&C.pdf/Files/Criminal%20Justice%20(Spent%20Convictions)%20Bill%202012-P&C.pdf

Also as the Canadian DD limit is if different to ours if your reading was lower than it is over there you will not have to disclose.

http://www.canadainternational.gc.ca/australia-australie/visas/rehabilitation-readaptation.aspx?view=d

If you did not appeal and have served full ban etc. you could be very cheeky and appeal the matter, I have never seen if done for drink driving, but have seen it done for minor drugs offences.

seamus1980 · 31-01-2013 3:01pm

ResearchWill wrote: »

The bill deals with that issue, section 8

http://www.justice.ie/en/JELR/Criminal%20Justice%20(Spent%20Convictions)%20Bill%202012-P&C.pdf/Files/Criminal%20Justice%20(Spent%20Convictions)%20Bill%202012-P&C.pdf

Also as the Canadian DD limit is if different to ours if your reading was lower than it is over there you will not have to disclose.

http://www.canadainternational.gc.ca/australia-australie/visas/rehabilitation-readaptation.aspx?view=d

If you did not appeal and have served full ban etc. you could be very cheeky and appeal the matter, I have never seen if done for drink driving, but have seen it done for minor drugs offences.

thanks very much m8 for your reply,should i go into my solicitor and see can he do anything about it?i have servered my full time ban of 3 years and have my license back as i was caught in mid 2008. thanks again m8

ResearchWill · 31-01-2013 3:03pm

seamus1980 wrote: »

thanks very much m8 for your reply,should i go into my solicitor and see can he do anything about it?i have servered my full time ban of 3 years and have my license back. thanks again m8

It's worth a chat with him, but to be honest its a verrrrrrrrrrrrry long shot. There is a few Circuit Judges I would try it with, especially as full ban served and did not apply for a restoration etc..

seamus1980 · 31-01-2013 3:32pm

ResearchWill wrote: »

It's worth a chat with him, but to be honest its a verrrrrrrrrrrrry long shot. There is a few Circuit Judges I would try it with, especially as full ban served and did not apply for a restoration etc..

ok cool m8,i will go and have a chat with him tomorrow,bit of luck he might be able to do something;)

rick_fantastic · 31-01-2013 3:35pm

All updates can be found here

http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2012/3412/document1.htm

It took ages to get the committee updates on it which were only release yesterday I think...

Seems likes its moving along, albeit at a slow pace.

Victor · 31-01-2013 3:39pm

There Bill hasn't been enacted yet, so there is no entitlement to have the conviction considered spent.

Spent Convictions Bill Query

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