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Criminal Record

  • 28-07-2010 2:40pm
    #1
    Closed Accounts Posts: 5


    I recently went to court from a summons for damage to property. I pleaded guilty, was fined €60, and have to keep the peace. Do I now have a record? Will this show up if looking for garda vetting?


Comments

  • Closed Accounts Posts: 1,253 ✭✭✭cushtac


    PRC71879 wrote: »
    I recently went to court from a summons for damage to property. I pleaded guilty, was fined €60, and have to keep the peace. Do I now have a record? Will this show up if looking for garda vetting?

    Yes, you have a record. Yes, it will show up on Garda vetting.


  • Closed Accounts Posts: 5 PRC71879


    will i need to report this if travelling abroad to USA/Canada, etc?


  • Registered Users, Registered Users 2 Posts: 1,445 ✭✭✭jd83


    Yes, better to have it out in the open when applying for anything so when if its found at least it show you were honest and declared it.


  • Registered Users, Registered Users 2 Posts: 1,501 ✭✭✭lonestargirl


    Yes for the US anyway, one of the questions on ESTA is 'have you ever been arrested or convicted'. People have had ESTA approved even after ticking yes but it is not guaranteed so if you are planning a trip to the US apply for ESTA early enough that if it gets denied you can apply to the embassy for a visa. If your ESTA gets approved you should bring a copy of the police report with you as the border guard is likely to ask you what you have been arrested/convicted of.


  • Closed Accounts Posts: 5 PRC71879


    But i wasn't arrested! It happened with my neighbor; neighbor called the garda. I told them what I did. They asked to take my statement and that was it. I didn't go to the station. I am guilty for what I did, and paid for it (both monetary, mentally and emotionally), but don't think I should have a record.:mad:


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  • Registered Users, Registered Users 2 Posts: 969 ✭✭✭murrayp4


    The question on the US Visa app is:

    Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
    [emphasis added]


  • Registered Users, Registered Users 2 Posts: 1,501 ✭✭✭lonestargirl


    murrayp4 wrote: »
    The question on the US Visa app is:

    Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
    [emphasis added]

    Apologies OP, I just checked and murrayp4 is correct. I have a visa and got asked a seperate question about arrests apart from the CMIT question. Sorry for stressing you :o


  • Closed Accounts Posts: 1,253 ✭✭✭cushtac


    PRC71879 wrote: »
    But i wasn't arrested! It happened with my neighbor; neighbor called the garda. I told them what I did. They asked to take my statement and that was it. I didn't go to the station. I am guilty for what I did, and paid for it (both monetary, mentally and emotionally), but don't think I should have a record.:mad:

    You committed a crime, got summonsed to court for it and found guilty; why do you think you don't deserve to have a record?


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


    PRC71879 wrote: »
    I recently went to court from a summons for damage to property. I pleaded guilty, was fined €60, and have to keep the peace. Do I now have a record? Will this show up if looking for garda vetting?

    What did you do to get convicted of criminal damage by your neighbour ?
    Were they being hateful. Are they not also in moral turpitude for hating you.
    Did you hate them? If so then you have to declare it?


  • Registered Users, Registered Users 2 Posts: 813 ✭✭✭Sinall


    murrayp4 wrote: »
    The question on the US Visa app is:

    Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
    [emphasis added]

    Would damage to property be considered a CIMT? It wouldn't seem like it to me. So on the Visa app the OP could just answer no to that question?


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  • Closed Accounts Posts: 5 PRC71879


    cushtac wrote: »
    You committed a crime, got summonsed to court for it and found guilty; why do you think you don't deserve to have a record?
    Because I paid the fine. If I go to court for a motoring offense, but pay the fine, I don't get points on my license.


  • Registered Users, Registered Users 2 Posts: 1,699 ✭✭✭ronaneire


    PRC71879 wrote: »
    Because I paid the fine. If I go to court for a motoring offense, but pay the fine, I don't get points on my license.

    Oh you do


  • Registered Users, Registered Users 2 Posts: 1,445 ✭✭✭jd83


    OP best bets is apply to you district garda station for a certificte of good character. This will show if you have any records or actions pending against you. If it shows on this it will be picked up on vetting if it doesnt it wont.

    Also most likely if its something really small you shouldnt have a problem once your honest about it.


  • Closed Accounts Posts: 5 PRC71879


    ronaneire wrote: »
    Oh you do
    i didn't know that. thanks. can you tell that i've never had this problem before?!:o


  • Registered Users, Registered Users 2 Posts: 969 ✭✭✭murrayp4


    Sinall wrote: »
    Would damage to property be considered a CIMT? It wouldn't seem like it to me. So on the Visa app the OP could just answer no to that question?

    I would answer no to the question. AFAIK criminal damage would not fall under the head of moral turpitude


  • Registered Users, Registered Users 2 Posts: 969 ✭✭✭murrayp4


    PRC71879 wrote: »
    I recently went to court from a summons for damage to property. I pleaded guilty, was fined €60, and have to keep the peace. Do I now have a record? Will this show up if looking for garda vetting?

    Do you know whether the judge applied the probation act in court?


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