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Probation Act and Canadian Visa....

  • 30-03-2010 4:54pm
    #1
    seleno1987
    Closed Accounts Posts: 1 ✭


    Hi,
    I'm in the process of applying for an one year work holiday visa to Canada. I recieved the probation Act 3 years ago for being intoxicated in a public place (Nothing violent or anything!). I am applying for a Police Certificate and am wondering if this will show up on the Cert. as a conviction or at all? Also if it does will this seriously affect my visa application? I'm applying via USIT and I emailed them in regards to this and I've yet to recieve a reply.
    Any information/ advice would be greatly appreciated!


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The answer is no - The benefit of the the Probation of Offenders Act, 1907 is that it does not result in a conviction, count yourself lucky. We don't do legal advice thanks.


  • #3
    Artfully Dodgin
    Closed Accounts Posts: 29 ✭Artfully Dodgin


    Tom Young wrote: »
    The answer is no - The benefit of the the Probation of Offenders Act, 1907 is that it does not result in a conviction, count yourself lucky. We don't do legal advice thanks.

    Actually it can, as in my case. The Gardai seem to be recording the Probabtion act as a conviction in different areas.

    http://www.herald.ie/national-news/courts/gardai-told-to-stop-calling-probation-act-a-conviction-1512214.html

    I was charged with being a 'danger to myself' as I was so drunk on my 19 birthday. I'm currently applying for a visa to the US and Canada and this has thrown a spanner into the works for me as I went and said I have no convictions before I had got my Police Cert back.

    I have been in Australia and New Zealand on WHV and answered no to having any criminal conviction and noting came up, probably would have if I applied for work permit or residency later on.

    Heres a link to story about a guy in Australia getting caught out as well

    http://archives.tcm.ie/irishexaminer/2001/07/03/story7066.asp


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    But when applying for a certificate of character from the Gardaí are you not consenting to all records being released?


  • #5
    spartan1
    Registered Users, Registered Users 2 Posts: 102 ✭✭spartan1


    same with me kinda

    10 years ago I was led astray by a demeanour. I had the probation act applied etc etc

    Recent garda vetting brought up a charge in a court, with non conviction after it.

    If its a non conviction why is it coming up at all, looks bad dont it, and especially when the charge was totally inaccurate. can i get that changed I wonder ?


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    No a charge in court is public record.


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  • #7
    spartan1
    Registered Users, Registered Users 2 Posts: 102 ✭✭spartan1


    but the charge recorded isnt what I was up for, and is my garda vetting a public record ? not hijackin I swear


  • #8
    Artfully Dodgin
    Closed Accounts Posts: 29 ✭Artfully Dodgin


    k_mac wrote: »
    But when applying for a certificate of character from the Gardaí are you not consenting to all records being released?

    Yeah you are, and I dont have an issue with that. My problem is my cert is saying I have a conviction when it shouldn't.


  • #9
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    spartan1 wrote: »
    but the charge recorded isnt what I was up for, and is my garda vetting a public record ? not hijackin I swear

    If you are charged and appear in a court that is public record. The court charge is available for anyone to see. All the vetting does is list them out i think. What do you mean it was the wrong charge?


  • #10
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Artfully Dodgin wrote: »
    Yeah you are, and I dont have an issue with that. My problem is my cert is saying I have a conviction when it shouldn't.

    I think court outcomes are entered by the district court clerks. You should ring up the district court you were in and ask them for the recorded outcome of the case.


  • #11
    eagle_&_bear
    Registered Users, Registered Users 2 Posts: 328 ✭✭eagle_&_bear


    seleno1987 wrote: »
    Hi,
    I'm in the process of applying for an one year work holiday visa to Canada. I recieved the probation Act 3 years ago for being intoxicated in a public place (Nothing violent or anything!). I am applying for a Police Certificate and am wondering if this will show up on the Cert. as a conviction or at all? Also if it does will this seriously affect my visa application? I'm applying via USIT and I emailed them in regards to this and I've yet to recieve a reply.
    Any information/ advice would be greatly appreciated!

    Will it appear on the record: it depends how the matter was dealt with: for public order I am presuming it was dealt with in the District Court. If this is the case then the matter should have been dealt with under Section 1(1) of the 1907 Act which does not record the offence.

    If you were dealt with in the Circuit court then Section 1(2) applies which reocrds the offence without conviction. So it all depends in which court.

    Ring the relevant District or Circuit Court Office and ask them to raise the record and physically see what section you were dealt with under. If it is Section 1(1) you should speak to a solicitor about clearing the record.


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