Garda Clearance - No Conviction

askthedust

A friend recently applied for work and a Garda Clearance Certificate was sent for.

The Cert came back with two items which he was charged with but never convicted of.
Both charges were baseless, had no evidence and were dismissed from court.

Q.1. Are the Gardai working within the law to disclose non convictions?

The problem here is that any Garda with a grudge could effectively ruin someones career by taking someone to court.

Any employee selection panel would choose someone with no court dates on their record even though the other candidate might never have done anything wrong.

Our man in Havana

They should not disclose failed prosecutions.

MagicSean

Failed prosecutions are public record so it's not exactly disclosing anything private. There are different clearence application. The basic certificate, data protection waiver, and vetting form. What did your friend apply for it for?

askthedust

I think he applied for work and they requested Garda clearance.
Teaching work.

The Garda Clearance was sent to the workplace and not him.

I'm just bemused that this could happen.

I understand that this is to protect kids but why would a potential employer need to know about, say, a failed D&D charge when you were 19?

MagicSean

It was mist likely a vetting form so. This is applied for through the employer and is more comprehensive than a cert.