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If falsely accused, can record be expunged?

  • 05-05-2011 10:45am
    #1
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭


    Person A accuses Person B of a serious crime.
    The Guards arrest and interrogate Person B with no evidence, or circumstantial at best.
    Person B did not do the crime at all.
    DPP refuse to take the matter to court due to lack of evidence [Lack of evidence does not mean "Not Guilty"].

    • Does Person B have a permanent [or any] record on file of this having taken place?
    • If there is a permanent record, what are the steps needed to expunge [deleted, whatever] this from their record and restore their good name and reputation?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    RangeR wrote: »
    DPP refuse to take the matter to court due to lack of evidence [Lack of evidence does not mean "Not Guilty"].

    In law it does actually. Not convicted = not guilty.


  • #3
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    Ok, cool. But is there still a record of it on "the system"?


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Deleted User wrote: »
    In law it does actually. Not convicted = not guilty.

    Not exactly. Criminal law and civil law have different levels of proof. A person can be found not criminally guilty but still be found to have done the act in a civil court.
    RangeR wrote: »
    Ok, cool. But is there still a record of it on "the system"?

    There is a permanent record kept of everyone who enters Garda custody. It is not possible to get it expunged but you can get access to your record.


  • #5
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    k_mac wrote: »
    There is a permanent record kept of everyone who enters Garda custody. It is not possible to get it expunged but you can get access to your record.

    Cheers, k_mac. So, along the same vein, what's to stop someone falsely accusing anyone of a dastardly act, that person being taken into custody and being branded for ever more. All with no proof whatsoever?

    Who has access to that record and under what terms?
    If that sort of information was to get out and it was untrue... many, many people would just assume no smoke without fire.

    I'm not going to get into specifics so I'll give a hypothetical scenario that both myself and yourself know is absolutely false.

    ---
    I go to the guards and tell them [ignoring your occupation] that you raped me. In fact, you didn't but we do know each other by acquaintance. I just want to make things hard on you. You are taken in for questioning and subsequently all charges were dropped.

    Now, if days, months or years pass and if that was to get out, people will just say "no smoke without fire" and you would be ruined. Even though you are 100% innocent but there is no way of proving one way or the other.
    ---

    In this scenario, are you telling me that there is no way of clearing your good name and having records "struck off"?

    I know it's not black and white but circumstances may not allow themselves to take legal action against the accuser.


  • #6
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    k_mac wrote: »
    Not exactly. Criminal law and civil law have different levels of proof. A person can be found not criminally guilty but still be found to have done the act in a civil court.

    I know, however his query was in relation to a criminal matter hence my answer.


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  • #7
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    k_mac wrote: »
    Not exactly. Criminal law and civil law have different levels of proof. A person can be found not criminally guilty but still be found to have done the act in a civil court.
    Yes but you are never found 'guilty' in a civil matter. You are normally found liable; less moral overtones.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    RangeR wrote: »
    Cheers, k_mac. So, along the same vein, what's to stop someone falsely accusing anyone of a dastardly act, that person being taken into custody and being branded for ever more. All with no proof whatsoever?

    Who has access to that record and under what terms?
    If that sort of information was to get out and it was untrue... many, many people would just assume no smoke without fire.

    I'm not going to get into specifics so I'll give a hypothetical scenario that both myself and yourself know is absolutely false.

    ---
    I go to the guards and tell them [ignoring your occupation] that you raped me. In fact, you didn't but we do know each other by acquaintance. I just want to make things hard on you. You are taken in for questioning and subsequently all charges were dropped.

    Now, if days, months or years pass and if that was to get out, people will just say "no smoke without fire" and you would be ruined. Even though you are 100% innocent but there is no way of proving one way or the other.
    ---

    In this scenario, are you telling me that there is no way of clearing your good name and having records "struck off"?

    I know it's not black and white but circumstances may not allow themselves to take legal action against the accuser.

    This is a problem with peoples perception of the criminal system in Ireland. In the States a person can be questioned without an arrest and an arrest is generally more for the purpose of charge which would indicate a high level of evidence against someone. This is most likely why the American Visa application asks about arrests instead of convictions.

    In Ireland it works differently. A person cannot be questioned without being detained. An arrest is no indication of a persons possible guilt but generally a necessity for the investigation of a crime.

    There is nothing really to get "struck off". You cannot wipe peoples memories of an arrest, nor can you get rid of the documents created as part of your arrest (custody record, interview tapes). The arrest won't show up as a previous conviction or on any vetting forms afaik so it shouldn't really affect your life in anyway.
    Deleted User wrote: »
    I know, however his query was in relation to a criminal matter hence my answer.

    My bad
    234 wrote: »
    Yes but you are never found 'guilty' in a civil matter. You are normally found liable; less moral overtones.

    But more financial ones.


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