Garda Clearance - How far back and what is on your record

lyndonjones

Hi,

I was told of a story of a middle aged woman required Garda clearance for a job she was applying for and it seems a crime she committed in her mid teens was on her record and because of this she didn't get the job.

The crime was steeling a few sweets and a magazine, the woman is now in her early 50's!

Just wondering if this story holds water.

Is every crime/ misdemeanor on record permanently?

The clearance was to allow her to work with children so how would a foolish action/ crime committed in her youth impact her working with children?

Has anyone else heard of people who have had crimes/ foolish acts come against them when getting Garda clearance?

[Jackass]

It would only hold a record of a crime you have been convicted of. i.e Going to court and being found guilty and sentenced to jail / probation / public service...

You then hold a criminal record.

This is wiped clean at the age of 18, and any convictions after that are on your record for life.

Depending on the crime, this may be grounds for refusing employment.

Some employers will not employ anyone with a criminal record, others may determine this based on when it happened and the seriousness of the crime.

If an employer does require garda clearance I'd imagine they'd be very unlikely to employ someone with a record.

lyndonjones

It would seem as though the story is inaccurate as her record should have been cleared if she committed the crime in her teenage years.

So if I am reading your reply correctly the decision lies with the employer as to whether the person gets the job or not. So if you have a criminal record for shop lifting the employer will decide if this is a crime that could affect your job or compromise the company.

Would I also be right in saying that some jobs/ functions would need, as a legal requirement, garda clearance and that it would provide the fact that the person has no criminal record whatsoever?

[Jackass]

The story you outline above can't be true for a number of reasons..

A child who steals a few sweets and a magazine is very unlikely to be arrested and even more unlikely to be brought to court and given a criminal record. Even if this was the case, the record would be cleared when the person turns 18.

You are not an adult in the eyes of the law until you turn 18, and therefore you aren't expected to live with the consequences of a childs actions for the rest of your life.

Of course the decision is with the employer on whether or not they wish to employ somebody, however I've never come across employment that required garda clearance.

This may apply in some civil service jobs (prison officer, garda etc.) and in areas of a sensitive nature, such as working with children, but the potential for employment may vary.

As you say, some employments require that you have no criminal record by law, such as a prison officer, but others require that you don't have a certain type of conviction by law, such as a sex offender working with children.

For most positions it's entirely at the discretion of the employer, and for most positions Garda vetting / background checks do not occur.

tenchi-fan

lyndonjones wrote: »

I was told of a story of a middle aged woman required Garda clearance for a job she was applying for and it seems a crime she committed in her mid teens was on her record and because of this she didn't get the job.

What's that expression.... If you believe everything you hear you'd eat everything you see..

There might be some truth in this story. Except the woman probably committed the crimes throughout her 20s & 30s and the crimes was for a lot more than a on-off theft of a few sweets and magazines!

lyndonjones

tenchi-fan wrote: »

What's that expression.... If you believe everything you hear you'd eat everything you see..

There might be some truth in this story. Except the woman probably committed the crimes throughout her 20s & 30s and the crimes was for a lot more than a on-off theft of a few sweets and magazines!

I agree that you shouldn't believe everything you hear, I was just using the boards.ie website to learn from the esteemed contributors, like your good self, what the facts are.

Understandable that the facts of the story might have been "twisted"

Dyr

wrote:

A child who steals a few sweets and a magazine is very unlikely to be arrested and even more unlikely to be brought to court and given a criminal record.

Right up to the 70s it was far more likely then it is now

pow wow

lyndonjones wrote: »

So if I am reading your reply correctly the decision lies with the employer as to whether the person gets the job or not. So if you have a criminal record for shop lifting the employer will decide if this is a crime that could affect your job or compromise the company.

Correct. There is usually a proviso companies inform you of before processing your details that a criminal record (within reason!) doesn't necessarily exclude you from the position, but that telling lies about it does. So if you are asked have you any convictions and you say no and then the clearance report states that you do, the lying about it moreso than the conviction itself is grounds on which they could, if they chose to, reject you.

I have a copy of mine but there's nothing on it besides 'no records found' so I can't comment on how much detail appears if you do have something on your record.

Mrs OBumble

[Jackass] wrote: »

... however I've never come across employment that required garda clearance.

This may apply in some civil service jobs (prison officer, garda etc.) and in areas of a sensitive nature, such as working with children, but the potential for employment may vary.

I've done a spell as a temporary clerical office for a govt agency (one that has access to records of virtually every person in the country ... but which also strictly monitors who is accessing what records). And all applicants has to complete a vetting form - I can only assume that they actually forwarded it for vetting.

IMHO everyone who says that vetting is required should also say, in advance and up-front, what type of convictions are acceptable and what aren't. This would cut down a lot of fear and confusion, and save the garda time too.

mashtobi

Hi there

I couldnt help but reply, but Im currently doing a Healthcare Course, and didnt hear back until last christmas about my Garda Vetting Form, the letter had a box containing details of when i was at court, and that I wasnt convicted.

I was told that after my probation, which finished in 2007, that all would be well and there would be no records. My grievance is that these details of the situation are present, and dont know if or how long that info will stay on my records.

This discrepancy came from the little side box that said I had done probation. This alerting a second letter, that said I had to see the VEC hirer and firer Sheila, and the head Co-ordinator Mike, where asked to attend a secret meeting.

The day came and told, business as usual, we will decide what actions to take. They decided that if they kept me, they would fill up a form that I am of sound character. Like how the **** would they know, (as Im starting work experience next week in a nursing home....HOW STUPID)


A forthight ago I went to a solicitor that said to me that if you have been on probation, (and to top it off), NO CONVICTION!!, there isnt any grounds for dismissal.

I dont think employers should have a right to dismiss anyone for what they think is right or wrong. I do believe that once punished, thats it, and to take someones prospects of employnment itself is criminal itself. GARDA VETTING SHOULD BE SCRAPPED ALTOGETHER!!!