Removing Garda Record

GoGoGadget

Hi,

Hoping someone can help me with this.

I'm applying for a job where I'll have to allow the company (by signing a disclosure) access to all info held by the Gardaí about me, even arrests, juvenile stuff etc.

I requested a copy of information held by the Gardaí about me recently to see where I stood as I had been arrested a few times as a teenager.

The info that came back lists 4 incidents from 10 years ago listing me as a 'suspected offender' in all 4. I have no convictions, just arrested and released each time when I was about 16.

I want to have all this info removed so I can tell the company I'm applying to that I have a clean past as I suspect if I disclose the info to them I won't stand a chance getting the job.

Is there any way I can get this info removed and if so how would I argue this with the Garda criminal records office?

Thanks in advance!

Victor

http://www.citizensinformation.ie/en/justice/law_and_rights/access_to_garda_records.html

I'm not sure that juvenile stuff can be shared. If its typical 16 year old stuff, most companies won't care.

You need to find out exactly what the request by the company is. Talk to the Garda (there is an office in Templemore) about what they share with such a request.

However, if you feel this will have you hard done by, talk to a solicitor before signing hte consent.

ResearchWill

I could be wrong, but I do not think they can release anything other than convictions. Check with your local solicitor.

Victor

ResearchWill wrote: »

I could be wrong, but I do not think they can release anything other than convictions. Check with your local solicitor.

What some employers do is make people request their own file.

Zambia

Surely that should be illegal.

You should only ever be asked divulge what you have actually done and been found guilty of by a court.

ResearchWill

Zambia wrote: »

Surely that should be illegal.

You should only ever be asked divulge what you have actually done and been found guilty of by a court.

If you have been convicted as an adult it is more than likely public information. I think an employer has a right to ask if you have a serious conviction as an adult, and no more. As you say only divulge what you have been convicted of.

As an aside any printout from PULSE I have seen only recorded convictions, I assume if you request your own details it also contains arrests etc. which is a bit scary.

Zambia

I think under freedom of information you can request anything written about you. However it should be illegal for another party to even request such data.

Reloc8

Zambia wrote: »

However it should be illegal for another party to even request such data.

I agree. I'm waiting for the case when an employer is hammered for this (and I don't mean in the EAT/rights commissioner).

golden virginia

In teaching you have to submit to garda vetting. here is a sample of the form. It only asks for convictions. Also should a teacher have convictions they can submit evidence of good character and go before a committee. As far as I know about 20 teachers had to make such submissions and no of these were refused clearance.

Our man in Havana

Victor wrote: »

What some employers do is make people request their own file.

I have also had employers request a persons Social Welfare file.

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golden virginia wrote: »

In teaching you have to submit to garda vetting. here is a sample of the form. It only asks for convictions. Also should a teacher have convictions they can submit evidence of good character and go before a committee. As far as I know about 20 teachers had to make such submissions and no of these were refused clearance.

There's a part in there that says prosecutions, successful or not, will be disclosed? A little unfair I think.

golden virginia

yes it does sound unfair . i dont know what is the difference between conviction and prosecution. I would think, if whatever it was, was not successful well then it would seem that it whatever it was should be put to bed. it would be like me as a teacher saying that Johnny maybe threw a pencil at Jimmy, but maybe he didn,t, and this being on johnnys record forever????

Our man in Havana

They are after all the "soft" information on pulse. It really is unfair.

Victor

Our man in Havana wrote: »

They are after all the "soft" information on pulse. It really is unfair.

Stuff like "I think Joe Bloggs is s drug dealer" generally won't be released.

You hear of cases where the boss will call their buddy in the Gardai to find out 'anything' they might have on someone before they hire them. I'm sure this is illegal but it is done, with Ireland being such a small country.

It's so unfair if someone was just questioned or their name taken re something but wasn't actually guilty of anything, or something small they did when they were 16 or whatever, and then it's put into PULSE. I think the Gardai need to have stricter controls over accessing info on PULSE, that they cannot do it unless it's in their line of duty. I'm sure they're not meant to, but it is done, just think it should merit a discilplinary procedure for them if their caught doing it, as a deterrent. Any Garda out there willing to share if this is true?

jblack

A possible tactic is to ask for written confirmation from the employer that they are requesting such information.

The fact that you are logging this request may (should) get them asking why. They may drop the request.