Disclosure of previous convictions

R169

Hi Folks

In a previous life - late teens, i was caught in posession of drugs on 2 seperate occasions and received 2 charges against me. Both for posession with intent to supply. I was never an addict or anything - just a gobsh1te selling to friends making enough money to party at the weekends etc.

10yrs on im quite successful in business, own my own house, car, wife, kids etc - but still have this horrible secret / blackmark hanging over me.

Will there ever come a point in life when i will no longer have to disclose the fact that i have these convictions recorded against me. It has held me back on several occasions when applying for jobs etc that specifically asked the question, i always just chose not to proceed with the application rather than have the shame of telling people and trying to explain.

The main reason i am asking is that in the job i am in there is a strong possibility that i will be offered a directorship in the near future and if I am, i fear this is all going to come out in the open. Can I be a Company Director if i have criminal convictions? Ive seen the question asked on Insurance Proposals etc - has any director ever been convicted of any offence etc.

Any help would be much appreciated.

McCrack

Where you actually convicted in a court (did you plead guilty/found guilty) and what exactly was your sentence?

If you were convicted i.e pleaded guilty or was found guilty and the Probation Act wasnt applied then you have a criminal conviction which stays with you for life. There is no provision in this country (yet) for having minor convictions 'spent' like there are in other Common Law jurisdictions.

An offence of this nature will not affect a person becoming a Company Director. Irish Company law is concerned with fraudulent convictions rather than possession and/or supply of controlled substances convictions.

R169

McCrack wrote: »

Where you actually convicted in a court (did you plead guilty/found guilty) and what exactly was your sentence?

If you were convicted i.e pleaded guilty or was found guilty and the Probation Act wasnt applied then you have a criminal conviction which stays with you for life. There is no provision in this country (yet) for having minor convictions 'spent' like there are in other Common Law jurisdictions.

An offence of this nature will not affect a person becoming a Company Director. Irish Company law is concerned with fraudulent convictions rather than possession and/or supply of controlled substances convictions.

convicted in a court of both. pleaded guilty both times. 3 month suspended sentence on the first + €300 fine. 1yr suspended sentence on the second + €2,000 fine.
Would i need to disclose the convictions to my employers before joining the board. One of the jobs i have to do is sort the insurance for the company every year and one of the questions on the form everytime is have any of the directors ever been convicted of any offence. Would i have to disclose my convictions every time i complete a form such as this?

dermot_sheehan

You're only barred if they are offences involving fraud or dishonesty and only for five years or a greater period if specified by the court

http://www.irishstatutebook.ie/1990/en/act/pub/0033/sec0160.html

R169

Just doing a google search and came across this

http://www.oireachtas.ie/documents/bills28/bills/2007/4807/b4807d.pdf

The spent convictions bill of 2007. Was this ever signed into law or is it likely to happen any time soon.

I would give my right arm to have the slate wiped clean, im just terrified of the kids or something finding out at some stage in the future.

Is anyone here an expert on insurance etc. When the question is asked on a proposal form 'have you or any directors of the company ever been convicted of any criminal offence' - would i need to disclose my past each and every time. Would insurance companies even take me on?

egan2020

Not sure if it's been signed into law yet but it looks as though it only applies to matters where a sentence (including suspended sentences) of six months or less was handed down.

R169

egan2020 wrote: »

Not sure if it's been signed into law yet but it looks as though it only applies to matters where a sentence (including suspended sentences) of six months or less was handed down.

Id read it differently. My understanding of it is the period of rehabilitation for a custodial sentence not exceeding 6 months is 7 yrs, whereas in my instance the rehabilitation period would be 5yrs as my sentence was not custodial - im open to correction on this. Ive set out below the relevant paragraph ive taken this assumption from -

(4) “Relevant rehabilitation period” means—
(a) in respect of a custodial sentence for a term not exceeding
6 months, a period of 7 years from the date of conviction,
and
(b) in respect of any non-custodial order, including disqualification,
penalty, fine or prohibition, a period of 5 years
from the date of conviction or when such order ceased to

have effect, whichever is the earlier.

Victor

Is age relevant here?

R169

Victor wrote: »

Is age relevant here?

In what way vic? I was 18 / 19 when i was convicted so i was tried as an adult

Victor

I'm not sure what the cut off is for the "forgiveness" of such issues. Perhaps someone more competeant could answer.

oceallachain

Okay I'm not 100% sure of this but I'm 90% sure that a suspended sentence, even though you didn't see the inside of a prison gate, is still regarded as a custodial sentence.