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crimnal record after acquittal

  • 09-07-2010 3:25pm
    #1
    Registered Users, Registered Users 2 Posts: 11


    I was convicted of drink driving related offence in dist. court in 2007, I appealed to the circuit court and got acquaintance from charges(in early 2008, I donot remember date. 'fool'!) that time my solicitor told me, you r fine and your records ll b fine.

    Recently I applied police clearance certificate. And to my surprise, conviction is still showing on the their records.
    I do not remember the exact date of judgment. Should I ring circuit court and seek judgment cert or something? Will circuit court issue me judgment on piece of paper and then forward that to Garda vetting unit or how to do it?

    Is it norms that conviction will stay on, eventhough someone got acquaintance by appealing? Or how to get it removed or rectify garda records.

    Many thanks in advance


Comments

  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    You mean you were acquitted?

    Call up the circuit court and find out the date.


  • Registered Users, Registered Users 2 Posts: 11 greenhouse


    Thanks for quick reply.

    yes. I mean acquitted.

    I ll call them on monday.
    I hope all ll be sorted ASAP.


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    They sometimes forget to update the garda records. The state solicitor must be the most incompetent of any other state solicitor in the world.


  • Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    The recording of the conviction or the non conviction is not the job of the state Solicitor, it's the court services.


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    Bosco boy wrote: »
    The recording of the conviction or the non conviction is not the job of the state Solicitor, it's the court services.

    The court services do not manage the Garda records.Op did say that it was discovere when Op applied for a police certificate. Hence the fault is in the garda records and not the court records.

    The court service do record convictions and non convictions but when on appeal a conviction is amended or dismissed the court services record this but the Garda Record is constantly not being updated to reflect this.

    This has become an epidemic. I am not certain of the title of the neligent party but i was informed it would be the state solicitor. You will hear more and more threads on this here.


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  • Registered Users, Registered Users 2 Posts: 11 greenhouse


    hi all.. thanks guys who provide me valuable info here. I called court services and the guy was very helpfull and he said you can have copy of judgement paying 10 Euros at criminal court.

    so should I go to Garda Station with that 'copy'? or I need to write to garda vetting unit?
    help very much appriciated.


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    greenhouse wrote: »
    hi all.. thanks guys who provide me valuable info here. I called court services and the guy was very helpfull and he said you can have copy of judgement paying 10 Euros at criminal court.

    so should I go to Garda Station with that 'copy'? or I need to write to garda vetting unit?
    help very much appriciated.

    Data Protection act might also work for you. Lodge a complaint to the garda siochana toi amend the data. IMO they should have to compensate people for all the hassle and expense.


  • Registered Users, Registered Users 2 Posts: 11 greenhouse


    I wrote to local garda alongwitg court copy order to correct my records.
    I got letter from local garda station stating:

    "I have forwarded your correspondence to to supt. of 'xxx' garda station as the prosecuting member in this case garda 'xxx' is now stationed there. they ll revert to you in course"

    my assumption was it happnes this way= "local garda station-> District head office-> Garda head Quarter"

    is it normal garda forwarding 'request' to prosecuting garda!!?? what he/she ll do with 'my request'?
    regards


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Sit on it for as long as possible. The prosecuting garda would already be aware of your aquittal.

    I would go down the data protection route as it will give you the desired outcome faster. Tell them to correct the inaccurate data they hold on you. Send it direct to Garda HQ. If they don't fix it you can then complain to the Data Protection Commissioner.


  • Registered Users, Registered Users 2 Posts: 11 greenhouse


    Thanks haddock for ur input
    I think u right about contact HQ. I ll send same documents to HQ tomorow. I ll also contact data commisnor tomorw and see what they said.
    regards


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


    greenhouse wrote: »
    I wrote to local garda alongwitg court copy order to correct my records.
    I got letter from local garda station stating:

    "I have forwarded your correspondence to to supt. of 'xxx' garda station as the prosecuting member in this case garda 'xxx' is now stationed there. they ll revert to you in course"

    my assumption was it happnes this way= "local garda station-> District head office-> Garda head Quarter"

    is it normal garda forwarding 'request' to prosecuting garda!!?? what he/she ll do with 'my request'?
    regards

    The prosecuting garda can update your case status on the system. You should try and contact him at that station and talk to him.


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