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Serious criminal record

  • 03-02-2009 7:36pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Dear all,

    Disregard the username but i do feel that way.

    I have on my police record

    A. Breach of a baring order

    B. Assault causing harm and simple assault

    C. Criminal Damage to personal property

    All three are different incidents that have happened over the years.

    I have a bit of a past i know, it sounds ironic but was not guilty as in i was arrested and dragged trough the courts for all 3 charges including the central court twice and brought before a joury but was never convicted of anything.

    The barring order was with family and for my own good but not ment to be anything other than that, but due to murphys law one night i ended up in the bridewell for 2 days over it and i was brought trough the courts for that and it got trown out because the barring order was there to keep me on the straight and narrow and that was explained to the judge.

    The assault causing harm one was when I got myself into a row with two cousins after one punched me - long story but i ended up doing alot of damage with one blow. that was a very long drawn out ordeal and was unanimously decalred not guilty after the pair of them went to great lenghts to foster a pathetic plan which was plainly obvious to eveyone from the start.

    Criminal damage was when i got a taxi home with a 3 friends one night, it turned out we had no money for the fair and the taxi driver made threats as we were pulling up, 2 of the lads smashed up his car and the 3rd fought with him. i just walked home. i was arrested at 6am a week later and only for a neighbour who was watching the whole thing said i walked home and i was let off the hook.

    Thats the past but the present is now, im pretty good at what i do and managed to get myself government job out of it which all of the above turned up upon getting my security clearance but lucky for me i had prior business with the job via another company i worked with and they let me explain my situation and graced me with a warning.

    im happy where i am at the moment but i need to be able to change jobs so i can climb the ladder which i should be about ready todo soon enough. but im being held back by this record. i wont apply for another job if i know this will come up. Im disgusted i have this issue to shadow me where ever i go. i know i can leave the country but im in my mid twentys and know ill want to come back at some stage.

    ?


Comments

  • Closed Accounts Posts: 570 ✭✭✭Salome


    So have you actually been convicted of an offence?


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    No never been conviced. but the charges come up. which is as serious as being conviced by the way its treated by HR people


  • Registered Users, Registered Users 2 Posts: 19,976 ✭✭✭✭humanji


    But you don't have a criminal record. If you feel an HR person needs to know the surrounding story, then tell them (but leave out details, just explain that you've never been convicted). But you shouldn't have to say anything.

    I don't even think any of that would come up unless the job you're going has a high security clearance or something.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Then put time and effort between you and those incidents. Time will happen of its own pace, but how about considering doing say some (a) some self improvement work (b) voluntary / community / charity / religious work?

    No need to go completely overboard, but some evening classes and helping out with something local can help you show that you've put your angry youth behind you.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    The job is as high security as it gets


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  • Closed Accounts Posts: 570 ✭✭✭Salome


    I agree with the previous OP - do something to show that you've put your history with the law to bed - volunteer for something - get something good on your rap sheet instead. Show a different side to yourself rather than your mis-spent youth.

    We all have a history, it's how you deal with the aftermath that matters.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    This all finished up about 3 or 4 years ago. This will prevent me from getting up the ladder either if its my own attitude or the employers attitude....


  • Closed Accounts Posts: 168 ✭✭skooterblue


    ACAB123 wrote: »
    The job is as high security as it gets

    If this job has to do with state security (Defence forces, Gardai, Prison officer, Psychatric Nurse at the central mental hospital) .... forget it. If they get any whiff of trouble without a conviction you get binned there and then.

    My cousin a few years back got involved with some dodgy dealing where he was questioned but not brought to court. When he applied for the guards he got binned there and then.


  • Registered Users, Registered Users 2 Posts: 19,976 ✭✭✭✭humanji


    Well if it's as high security as it gets, they'll get all info about you, including that you weren't convicted. You could do nothing and hope it doesn't get noticed, or you could go straight to HR and be honest with them about it all.

    Sorry to not be more helpful, but it seems that the matter is out of your hands. With either of the options I gave, it's still 50/50 if the outcome is good or not.


  • Closed Accounts Posts: 1,097 ✭✭✭IRISH RAIL


    sorry to burst your bubble op but none of those things are serious

    you didnt even get convicted

    tell hr to mind there own business when you are filling out a hr form there is a spot that says have you ever been convicted of an offence

    your answer is no

    if by some miracle they happen to get more information than there allowed due to data protection then all you have to say is

    familys have rows and misunderstandings no one is perfect
    and the taxi thing I had nothing to do with it as you can see by the not guilty and evidence to say i walked away.

    the charges dont come up with a garda vetting report
    all they say is person a has never been convicted of any offence and for them to have gotten there hands on any other things about you sounds like a breech of the data protection act which I would get investigated.
    unless its a job where you will be in the spotlight like a TD and any sleaze that gets out could hurt your reputation then you dont have to tell anyone anything.
    maximum security or not even in the gaurds there is leninancy for minor incidents. they dont tell you why your application has been rejected so its only speculation that its to do with something bold but common sence would prevail if say you had a conviction for dealing or ira membership then obiously you would be a risk but a drunken fight on a street corner when you were 16 is looked over.

    just to clarify one other thing
    you dont actually have a criminal record because you were never convicted
    you have a file on pulse like everyone else in the country that holds certain intelligence on you
    like the car you own your address any suspicious behavior and your court apperences and any outstanding warants
    this information is strictly confidential if your employer has magicaly turned this up on there desk then that is a definite breech of the data act even you would have a hard time getting this informaition from the gaurds. the only way an employer could is if it is the garda comissioner or someone in hr who has a mate who is a gaurd and did them a favour.


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  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    If you haven't been convicted of anything then you are innocent and that is all that matters. There'd be a nice pay off from the employment tribunal based on a job refusal due to a bias of record.


  • Closed Accounts Posts: 5,284 ✭✭✭pwd


    IRISH RAIL wrote: »
    sorry to burst your bubble op but none of those things are serious

    you didnt even get convicted

    tell hr to mind there own business when you are filling out a hr form there is a spot that says have you ever been convicted of an offence

    your answer is no

    if by some miracle they happen to get more information than there allowed due to data protection then all you have to say is

    familys have rows and misunderstandings no one is perfect
    and the taxi thing I had nothing to do with it as you can see by the not guilty and evidence to say i walked away.

    the charges dont come up with a garda vetting report
    all they say is person a has never been convicted of any offence and for them to have gotten there hands on any other things about you sounds like a breech of the data protection act which I would get investigated.
    unless its a job where you will be in the spotlight like a TD and any sleaze that gets out could hurt your reputation then you dont have to tell anyone anything.
    maximum security or not even in the gaurds there is leninancy for minor incidents. they dont tell you why your application has been rejected so its only speculation that its to do with something bold but common sence would prevail if say you had a conviction for dealing or ira membership then obiously you would be a risk but a drunken fight on a street corner when you were 16 is looked over.

    just to clarify one other thing
    you dont actually have a criminal record because you were never convicted
    you have a file on pulse like everyone else in the country that holds certain intelligence on you
    like the car you own your address any suspicious behavior and your court apperences and any outstanding warants
    this information is strictly confidential if your employer has magicaly turned this up on there desk then that is a definite breech of the data act even you would have a hard time getting this informaition from the gaurds. the only way an employer could is if it is the garda comissioner or someone in hr who has a mate who is a gaurd and did them a favour.
    I worked for a large security company before. Before they hired anyone they got you to write to the guards asking for any information the had on you in their records, and then show them the reply. That probably violates data protection laws but that's what they did.
    At least one person faked the reply, which would have been pretty easy. Job wasn't high profile or anything - just static security night shifts - paid only just over minimum wage for the night shifts too.


  • Registered Users, Registered Users 2 Posts: 19,976 ✭✭✭✭humanji


    I'd say they got you to get your own information for them because that would allow them to skirt the data protection laws (technically, you got information yourself and allowed them to see it).


  • Closed Accounts Posts: 5,284 ✭✭✭pwd


    Yeah but they wouldn't give you a job if you didn't


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    You screwed up (as you acknowledge). Now you have moved on. The trick now is to keep moving on.

    I think that you should get involved in work in your community or find some other way to 'give back'. This will at least help you in your own mind.

    If your job or prospective job is really high security, then you are going to have to discuss this issue at first interviews. You're just going to have to make clear that your life is different now.

    It just isn't that uncommon for young men to go off-the-rails in their late teens and early twenties and then get back on the track.

    You will encounter prejudice, and there won't be much you can do about it really. You just have to be an even more outstanding job candidate.You have to keep moving forward.


  • Registered Users, Registered Users 2 Posts: 7,461 ✭✭✭Queen-Mise


    From my understanding of this situation - I have a couple of points to make.

    Having a criminal record should not be a minus towards achieving a position in a company. Many, many people have convictions, and a lot of very respectable people in very good positions could have all kinds of convictions - drink driving, drunk & disorderly, speeding, drugs conviction in their youth. How many young men (or women) will have gotten ones for fighting, or resisting arrest when drunk some night.

    If you feel that a company doesn't hire you because of a conviction that isn't related to the job your applying for - they are committing a crime.


    They are some jobs that have to receive garda clearance before a person can fill the job. For example working with children - they are looking for anything paedophile related, if you have a drink driving or speeding conviction, that doesn't matter. Whereas it would if you were applying to drive an ambulance.

    Having convictions will not stop you from rising up the corporate ladder - only will if the convictions are related to the job you are applying to.


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