Background Security Check (New Job)

CuriousPaddy

I am currently applying for some high profile jobs that are well within my grasp.

However, I was charged/involved in a serious assault case approx 5 years ago. I had never been in trouble prior to this and have not been since. In fact I was not in the wrong in that particular case, the trial collapsed and I was subsequently acquitted.

I want to know whether this will show up on my background checks when applying for jobs etc... and whether it should affect my chances of progressing my successful career.

I would appreciate any help (or experience you've had) on such a matter.

seamus

A "background check" can only be performed by registered organisations who are employing people who will have unsupervised access to children or vulnerable adults.

Backgrounds checks are not available to most employers.

In many cases, you are required by law to disclose all convictions which may affect your ability to do your job or which are relevant to your job. e.g. Someone convicted of money laundering would be required to tell their new financial services employer.

You are not however required to tell them about unsuccessful or pending cases against you.

If you are pursuing a career where a Garda vetting check is required, the Gardai themselves do not make a judgement on your fitness, but rather tell your potential employer the details of all cases ever taken or pending against, regardless of outcome. The decision about the candidate's suitability is then left to the employer.

CuriousPaddy

Thank you Seamus that seems to have answered my question fully. So in essence, my potential employers can be informed about an assault case I was involved in even though I was acquitted based on subsequent cctv evidence that emerged. Isn't this a bit unfair?

Is there any particular source/link as to where you've obtained this information?

seamus

Thank you Seamus that seems to have answered my question fully. So in essence, my potential employers can be informed about an assault case I was involved in even though I was acquitted based on subsequent cctv evidence that emerged. Isn't this a bit unfair?

They require your permission to get this information by way of a signed form, so if you don't agree to it, you don't have to go through with it.

It's based on the very real problem that someone may not have been convicted of a crime, but may have been charged with crimes which failed to make court or result in a conviction. Someone who's been brought to court on a number of child abuse cases, for example, but has never been convicted, would not be an ideal candidate for working in childcare.

Being charged with a serious crime once and being acquitted is bad luck. Being charged with a series of crimes is no coincidence, no smoke without fire, etc.

I would suggest that if an employer offers you a job subject to Garda vetting, that you be straight with them and explain your history and ask them if they're still happy to proceed on the basis that you expect nothing else to show up in the Garda vetting. That way you can avoid wasting both your and your potential employer's time.

I would worry too much about it - a single assault case which resulted in acquittal is unlikely to make anyone think you're a high risk for anything.

General info here:
http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/monitoring-and-surveillance-at-work/garda_clearance_for_employees

Specific FAQ from the Gardai here:
http://www.garda.ie/FAQ/Default.aspx?FAQCategory=36

Dempo1

Hi there,

I am not sure the Gardai can submit information on cases where an acquittal was the outcome, my understanding is that only convictions are registered. Acquittal is by its very nature a case not proven and therefore any reference to is would be inappropriate. Agreed that only registered organizations can request a Garda Check, namely Health Care sector, Charity sector (where an employee would be dealing with children and dependent adults), Security firms (Cash in transit, not door security, these use the PSA licensing authority), Childcare sector, Crèches etc.

seamus

Dempo1 wrote: »

I am not sure the Gardai can submit information on cases where an acquittal was the outcome, my understanding is that only convictions are registered.

I'm not and expert on it either, but according to the Gardai here:
http://www.garda.ie/FAQ/Default.aspx?FAQCategory=36#FAQ2722

What details are disclosed as a result of Garda Vetting?

Within current disclosure policy, details of all convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere as the case may be are disclosed to the authorised liaison person in the registered organisation.

An acquittal or collapse of a trial is, afaik, the same as a "Not Guilty" verdict having been returned, so it counts as an unsuccessful prosecution.

Dempo1

seamus wrote: »

I'm not and expert on it either, but according to the Gardai here:
http://www.garda.ie/FAQ/Default.aspx?FAQCategory=36#FAQ2722

An acquittal or collapse of a trial is, afaik, the same as a "Not Guilty" verdict having been returned, so it counts as an unsuccessful prosecution.

I stand humbly corrected, i really think this is quite unfair and disclosing an acquittal by mere inference will i am sure affect an applicants chances. There are ample examples of Prosecutions brought and not succeeding and yet this ability of the Gardai to report an acquittal tarnishes an applicants character. (I'm not suggesting all applicants smell of roses), just seems quite unfair.