Seeking information on a criminal?

runswithascript

Can I ring up the guards or the DPP and get someones criminal record and/or the date they're next in court?

johnnyskeleton

Previous convictions = no

Next date in court = maybe, if you are the victim of a violent/sexual assault.

runswithascript

Fortunately I'm not. Thanks for the info and I'm going to try ringing the Garda Station anyway.

johnnyskeleton

I should say that, if they do give out that information, they probably shouldn't. While I wouldn't advise you to contact them, if you do be careful about distributing any materical you receive.

runswithascript

Yeah I will. Sure I'll let you know how I get on.

mikemac

Not trying to hijack this thread, OP you have a good question

I work in financial services and when I started my job I signed a declaration that I had no criminal record or court cases pending. That's fair enough, as I'll be dealing with large sums of money.

How do HR or any HR department verify this? I've often wondered

johnnyskeleton

I think they make you sign it so that if it transpires you do have a criminal record they can fire you - not because you have a criminal record (which may be discrimination) but because you lied to them when you applied.

If they did have a way of checking someone's criminal record, they probably wouldn't need the declaration.

As far as I know, the Gardai can only release this information if the person consents or if it is required for court purposes.

runswithascript

Maybe one of you legal equals can tell me if people with criminal records can travel to America, say on the J1 or even apply for citizenship? I've heard it said you can go on holiday just never get citizenship and others saying you can't go at all.

No worries on thread hijack, you made an interesting point.

yayamark

the gardai have a vetting dept that registered companies can make an application to see if the prospective employees have a criminal record.

not anybody can make an application.

2 for america. its ok to have a small conviction going to the states but nothing big

johnnyskeleton

It depends - it is a matter of US law and (as far as I know) the ambassador's discretion. If you got a minor road traffic conviction 10 years ago, they probably will look the other way, but if you have been convicted of being a member of a terrorist organisation you haven't a hope.

US Embassy Dublin - dublin.usembassy.gov wrote:

Convictions for some types of crime create a permanent ineligibility to enter the U.S., while others do not. In addition, some types of arrest can complicate the question of travel to the U.S. without a visa. Please visit the Department of State's website for more information about Classes of Persons Ineligible to receive Visas and Waiver of Ineligibility information.

Read the long and boring ins and outs here. As far as I know, you either need a visa to get in or else you need to qualify for the visa waiver programme (which requires you to have no previous convictions).

dermot_sheehan

dusf wrote:

Maybe one of you legal equals can tell me if people with criminal records can travel to America, say on the J1 or even apply for citizenship? I've heard it said you can go on holiday just never get citizenship and others saying you can't go at all.

No worries on thread hijack, you made an interesting point.

Title 8 section 1182 of the United States Code lists persons who are inadmissable to the united states.
http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001182----000-.html

included are:

Criminal and related grounds
(A) Conviction of certain crimes
(i) In general Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),
is inadmissible.
(ii) Exception Clause (i)(I) shall not apply to an alien who committed only one crime if—
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

maidhc

yayamark wrote:

the gardai have a vetting dept that registered companies can make an application to see if the prospective employees have a criminal record.

The vetting dept wasn't operating 12 mths ago, but my understanding is that it is only available in relation to employers who will be dealing with children.

Companies can force a prospective employee to request their own criminal record (if such exists), as section 4(13) of the Data protection Act has never been brought into force ((because of the garda vetting dept being generally incompetent)).

padser

Yup thats the way it works in Ireland.

The company I am going to work for want a criminal background check and even though I signed etc they can't request it themselves. I have to go to a station and request it myself.

According to someone who has done it I will just get a letter saying that basically they can't find anything on me, but that this is to in no way constitute a background check - and that I might have a record, but that they can't find anything.

Only in Ireland