Is there any way to remove non convictions from your record ??

esmerelda80

I have some non convictions when my garda clearence is requested they are from many years ago they are for drunk and disorderly and all occured on the one night ... I am embrassed when i hae to explain this and feel its really hampering my chances of gaining employment and is really getting me down.. It reads on my clearence forms facts proven case dismissed on all 4 charges i would be grateful for any advice on this subject any one can point me in the right direction if there is a way to remove them

Our man in Havana

No. They are there for life.

Reloc8

esmerelda80 wrote: »

I have some non convictions when my garda clearence is requested they are from many years ago they are for drunk and disorderly and all occured on the one night ... I am embrassed when i hae to explain this and feel its really hampering my chances of gaining employment and is really getting me down.. It reads on my clearence forms facts proven case dismissed on all 4 charges i would be grateful for any advice on this subject any one can point me in the right direction if there is a way to remove them

Interestingly this amounts to a confirmation that Probation of Offenders Act Orders, s. 1(1) or otherwise, are disclosed on Garda Vetting procedures.

The order against you was not in law a conviction, it was a dismissal therefore leaves you as a person free of criminal convictions. Although there is no difficulty with a record being retained by gardai of the orders (that is in fact necessary & desirable) I am not convinced that this was a legitimate disclosure.

I'd be interested to see the form which you were asked to fill in - did it ask for details of convictions (as I would expect) or how was it phrased ?

esmerelda80

It was a garda vetting form and asked had you any convictions to declare which to i replied no as i thought i had none .... But in small print at the bottom of the page which i didnt see it said it can disclose any offence or other wise.... but what the biggest kick in the teeth is that and i know its not an excuse .... i was going through a sexual abuse case at the time and that day previous i had found out the accused who had already admitted his guilt had died so i felt hard done by to say the least after getting the strength to give the statements and i went a bit loopey after a few drinks ...one of the charges was voilence in a police station which was actually againest myself and no one else... i just feel now that i and it has ruined my life and i cant seem to get away from it

Reloc8

Can you post exactly what the small print said ?

esmerelda80

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... just got htis off citzen advice so this is what would be at the end of it ... so im basically knackered i think ((

krd

Our man in Havana wrote: »

No. They are there for life.

Are you absolutely sure of that. I was under the impression that they timed out over time, depending on the conviction. That is, who is eligible to see the records of these convictions.

Croc

krd wrote: »

Are you absolutely sure of that. I was under the impression that they timed out over time, depending on the conviction. That is, who is eligible to see the records of these convictions.

As "Our Man" says they are there for life

And before you ask I am 100% positive

Reloc8

The record of your probation act order and any convictions are certainly maintained for life.

esmerelda80 wrote: »

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... just got htis off citzen advice so this is what would be at the end of it ... so im basically knackered i think ((

Well, possibly - but again, what did the small print on your form say ?

pirelli

krd wrote: »

Are you absolutely sure of that. I was under the impression that they timed out over time, depending on the conviction. That is, who is eligible to see the records of these convictions.

I think the country is long overdue the introduction of a rehabilitation act. Although you need a more advanced economy and society for that and I am not sure we are ready. Labour et al, seems to think being tolerant of closet homosexuals is the makings of an advanced society...Two chelsea boys holding hands walking down the street to get married while certainly liberal is not a improving our civilisation.

It would take a highly functional society to be able to absorb a rehabilitation system. Ireland still needs to resolve miscarriages of justice as a priority. Ireland would need a strong working economy and highly functional society.

However in order to achieve this quickly; I believe that the beginning of any functional society is releasing innocent people from Jails and other institutions.

That has to be the cornerstone of any society.

Bosco boy

How would your rehabilitation act work? Who would be eligable?

Reloc8

My proposal would be the following :-

a) Summary only offences purged automatically after three years of non-offending, except provisions of the road traffic acts for insurance purposes.

b) Indictable offences dealt with summarily purged automatically after five years of non-offending under similar conditions.

c) Indictable offences dealt with on indictment purged only following application to the court of trial on notice to the prosecution after a minimum ten year period, and subject to the full discretion of that court.

d) Certain offences whether dealt with on indictment or summarily never purged (Murder, manslaughter, sexual offences, serious assaults - I have in mind s. 4 NFOAPA 1997 - perhaps Offences Against the State Act offences also, stuff like that).

e) More detail as regards the situation for repeat offenders required. I have in mind automatic purge for one offence or group of offences dealt with together (like penalty points) only, followed by the necessity of court application in respect of repeat offences, and longer period before purging can take place.

f) Provision for judges to stipulate in cases considered to be exceptionally serious by them that purging shall not take place automatically but shall require court application.

None of this to affect the Sex Offenders Act.

Would not be complicated.

Bosco boy

I would'nt disagree with much of what you proposed but I dont think any convictions in relation to drug dealing or trafficking should be purged. In relation to assaults I would also not purge a section 3 assault as they are far too serious. I think 5 - 7 years might be a more appropiate timeframe. I think it should also be stipulated that relevant fines/compensation be paid promptly and if not the period is extended.

pirelli

My proposal would be the following :-

a) Summary only offences purged automatically after three years of non-offending, except provisions of the road traffic acts for insurance purposes.

b) Indictable offences dealt with summarily purged automatically after five years of non-offending under similar conditions.

c) Indictable offences dealt with on indictment purged only following application to the court of trial on notice to the prosecution after a minimum ten year period, and subject to the full discretion of that court.

d) Certain offences whether dealt with on indictment or summarily never purged (Murder, manslaughter, sexual offences, serious assaults - I have in mind s. 4 NFOAPA 1997 - perhaps Offences Against the State Act offences also, stuff like that).

e) More detail as regards the situation for repeat offenders required. I have in mind automatic purge for one offence or group of offences dealt with together (like penalty points) only, followed by the necessity of court application in respect of repeat offences, and longer period before purging can take place.

f) Provision for judges to stipulate in cases considered to be exceptionally serious by them that purging shall not take place automatically but shall require court application.

None of this to affect the Sex Offenders Act.

Would not be complicated.

I think it would be counter productive to lump the burden of the criminal underworld on the shoulders of rapists and killer's.

:rolleyes: Hmm...

However realistically I do not think there should not be a minority or such a general class of felon's.

Also you have to be sensitive to the complexity and circumstance of rape. He said, she said; case's are so risky, in fact rape is so vulnerable either not being prosecuted or someone being wrongfully convicted that you have to be open minded.The rehabilitation act has to be geared towards rehabilitation of all person's. Serious nutter's will unfortunately have to be supervised for life and they would benefit from supervision.

You have to focus on case's involving predatory rape along with DNA etc as the type of crime that would be kept for life. As oppossed to 'Romeo and Juliette' peer related romances.

It is hard to compare cold blooded killers to, for example; the equal fight between two males that results in a tragic death, due to one male falling and hitting his head. In many circumstances society might wish to punish the participant in the fight, and with respect to the 'eggshell rule' in particular involving a non consenting party it is still a criminal offence, but if the law is to be upheld you have to prosecute all parties; and therefore you have to be able to rehabilitate, and spend certain manslaugther convictions. They might grade the offence by degree.