Criminal Record / Convictions.

j.j. 05

Hi I have a few queries regarding a legal matter and am hoping to get some help here is possible.
So I have a friend going for a new job and there is going to be a background check to see if she has any criminal conviction etc.

She was telling me she appeared in court a few times for driving offenses and drunk and disorderly. So we're wondering if those sort of offences stay on your record for a few years or how exactly it works? She was saying the judge issued a fine in both cases and she thinks she was convicted of said offence.

So could anybody shed some light on the matter? And also is there any way to check your history with the guard's?
Thanks in advance

Reloc8

j.j. 05 wrote: »

She was saying the judge issued a fine in both cases and she thinks she was convicted of said offence.

She's correct.

If filling in a form for garda vetting she should disclose these - can be a big difference to someone's reactions between 'look I got in some trouble a while ago but I'm a different person now' and 'I've got no convictions oh wait those well see I didn't even remember to think about those are they convictions really well see thing is I have an evil twin'.

Anyway if she was fined in court, she has been convicted.

j.j. 05

Thanks for the help.

Would you have any idea would these types of convictions come up on a background check from a potential employer?

Reloc8

j.j. 05 wrote: »

Thanks for the help.

Would you have any idea would these types of convictions come up on a background check from a potential employer?

You're welcome.

If the employment requires a garda vetting check then yes.

If it doesn't then the employer should have no access to garda records, unless its with a limited range of state employers (gardai, army, certain government departments - think James Bond stuff).

Procrastastudy

Normally you have to provide permission for a check to be done. Obviously people who don't provide permission would be in a weaker position.

Some employers will have 'other ways' of checking.

These things usually come out in the wash - best to declare them imho.

j.j. 05

OK thought that would be the case. Have you any idea are the public granted access to that type of information about themselves?

For instance could my friend call into a garda station and request informaton about any convictions she may have?

Procrastastudy

j.j. 05 wrote: »

OK thought that would be the case. Have you any idea are the public granted access to that type of information about themselves?

For instance could my friend call into a garda station and request informaton about any convictions she may have?

Probably have to send off a form and wait between 6 weeks and a hundred years. My vetting for the RDF was retaredly slow.

j.j. 05

Thanks lads.

Any idea how long a criminal conviction lasts?

Reloc8

You're welcome.

Currently, forever.

Although there is a Bill apparently on the way which will wipe out the minor stuff when enacted - like your mate's convictions) given a period of a few years without getting in trouble.

Not sure when that will become law though. For now, forever.

Procrastastudy

j.j. 05 wrote: »

Thanks lads.

Any idea how long a criminal conviction lasts?

Write to you TD - tell him/her to get the finger out. We all make mistakes, even me - shouldn't be hanging over people forever. I also don;t like being in a club with Albania or whatever is the only other country in Europe not to have such legislation.

EDIT Sorry Albania - even you have that legislation. Seems we're alone - so even Liechtenstein which didn't give women the vote until the 1980s is ahead of us :pac:

kilograms

j.j. 05 wrote: »

OK thought that would be the case. Have you any idea are the public granted access to that type of information about themselves?

For instance could my friend call into a garda station and request informaton about any convictions she may have?

You can request a list of your convictions from The Garda Vetting Unit, I think its 12 euro, they send you a copy of your criminal record.

I have convictions in both the categories you listed, they fall under, Road Traffic and Public Order offences and are not deemed ''Criminal Convictions''. For instance, you can join the Army and most other organizations with those type of convictions. If you served time in prison or were issued with a fine of several thousand euro then that will be a problem.

As far as i know, if you get a Public Order conviction for the first time, you get a 1 year probation and if you stay out of trouble for a year then it is wiped from your record.

Thats all from my own experience

j.j. 05

Good stuff thanks for the replies. A garda vetting form is probably the best way to go so.

Also she spent a few hours in a holding cell about three years ago because she had a warrant due to unpaid fines. Do you reckon that could show up on your record?

Reloc8

kilograms wrote: »

You can request a list of your convictions from The Garda Vetting Unit, I think its 12 euro, they send you a copy of your criminal record.

I have convictions in both the categories you listed, they fall under, Road Traffic and Public Order offences and are not deemed ''Criminal Convictions''. For instance, you can join the Army and most other organizations with those type of convictions. If you served time in prison or were issued with a fine of several thousand euro then that will be a problem.

As far as i know, if you get a Public Order conviction for the first time, you get a 1 year probation and if you stay out of trouble for a year then it is wiped from your record.

Thats all from my own experience

I'm not pulling you up, but that all depends on the view of the employer, in your case the Army. The conviction still stands as a conviction.

Also, RTA and Public Order convictions are most certainly criminal convictions - again, for the Army, they take a certain view as to whether they will preclude you from consideration for service (and let it be said, its a very mature and informed view, bearing in mind that people make mistakes and shouldn't necessarily face life long consequences for them, especially if minor).

Other employers are a bit more fussy/less mature about the whole thing.

OK I am pulling you up, but in a nice way, soldier

j.j. 05 wrote: »

Good stuff thanks for the replies. A garda vetting form is probably the best way to go so.

Also she spent a few hours in a holding cell about three years ago because she had a warrant due to unpaid fines. Do you reckon that could show up on your record?

The conviction which led to the fines will be on the record. Whether you serve the time in lieu or pay the fine doesn't matter.

kilograms

j.j. 05 wrote: »

Good stuff thanks for the replies. A garda vetting form is probably the best way to go so.

Also she spent a few hours in a holding cell about three years ago because she had a warrant due to unpaid fines. Do you reckon that could show up on your record?

A Garda Vetting form requires convictions only. When you say 'A garda vetting form is probably the best way to go so'. Do you think you send in a Garda Vetting form yourself? Garda Vetting forms are sent in by organizations registerd with the Vetting Unit, you do not just fill in a form and send it off. If the job is registered with them, then they will ask you to fill in the form and if there not well then you will not be required to fill in a form.

What is the job? What Industry?

j.j. 05

Shes been told already there will be a check for criminal convictions. Its a job for a technical adviser in a well know company. I checked around and there's a form that can be downloaded from the garda website which you can send off to check about any criminal convictions you may have.

Reloc8

^ Tell her she's much better off setting out her eh issues on that form rather than saying nothing, because they will come back as disclosures on her application and this way she has the opportunity to explain how/why it happened and that it wouldn't happen how etc.

kilograms

Reloc8 wrote: »

I'm not pulling you up, but that all depends on the view of the employer, in your case the Army. The conviction still stands as a conviction.

Also, RTA and Public Order convictions are most certainly criminal convictions - again, for the Army, they take a certain view as to whether they will preclude you from consideration for service (and let it be said, its a very mature and informed view, bearing in mind that people make mistakes and shouldn't necessarily face life long consequences for them, especially if minor).

I asked the garda while getting information on my convictions what type of convictions are they and he said 'there only road traffic and public order offences, they won't stand in your way' and they didn't. That is what i meant when i said they are not deemed criminal, because i am not a criminal and was never treated as a criminal when ever my convictions where brought up.

In spite of what i said, the incident that led to your conviction has a lot to say about it. Did your Traffic offences include drink driving, most joyriding offences fall under the road traffic act. or did you have an out of date licence (no licence)and no insurance like i did.

Reloc8

kilograms wrote: »

I asked the garda while getting information on my convictions what type of convictions are they and he said 'there only road traffic and public order offences, they won't stand in your way' and they didn't. That is what i meant when i said they are not deemed criminal, because i am not a criminal and was never treated as a criminal when ever my convictions where brought up.

In spite of what i said, the incident that led to your conviction has a lot to say about it. Did your Traffic offences include drink driving, most joyriding offences fall under the road traffic act. or did you have an out of date licence (no licence)and no insurance like i did.

Sure - you were applying for the Army (I'm pretty familiar with circumstances which can lead to an applicant being excluded or a member of the DF being discharged for criminal behaviour) so the advice the garda gave you was spot on.

I was just pointing out that whilst the Army takes a certain view on what is deemed unacceptable/acceptable, the convictions (for RTA or Public Order for instance) are still very much convictions on the record.

Very many private sector employers take a much harsher - and probably foolish - view of convictions like this.

And you're right - some things are worse than others (no tax/didn't have my licence with me v S. 112 unauthorised taking - no comparison).

But the attitude of the Army is not universal and doesn't mean a person has not been convicted - just that the conviction is not going to stop them from joining is all. The poster here is not applying for the Army and is much better served by 'fessing up to the convictions rather than declaring - falsely - that they have none. You can explain something you disclose, you have no credibility on the issue if you say it never happened.

kilograms

j.j. 05 wrote: »

Shes been told already there will be a check for criminal convictions. Its a job for a technical adviser in a well know company. I checked around and there's a form that can be downloaded from the garda website which you can send off to check about any criminal convictions you may have.

That form you can download is the one i got, it gives you the dates and outcome of the convictions, which you need for the Vetting Form, if you do not declare everything they will just send it back to the employer as incomplete. as other people have said, i would definitely not hide anything. declare everything that you were convicted of. if you were never in court then it does not need to be declared.

Also your record can only be accessed through the Vetting Unit, if the employer tells you different, they are liars.

kilograms

Reloc8 wrote: »

Sure - you were applying for the Army (I'm pretty familiar with circumstances which can lead to an applicant being excluded or a member of the DF being discharged for criminal behaviour) so the advice the garda gave you was spot on.

I was just pointing out that whilst the Army takes a certain view on what is deemed unacceptable/acceptable, the convictions (for RTA or Public Order for instance) are still very much convictions on the record.

Very many private sector employers take a much harsher - and probably foolish - view of convictions like this.

And you're right - some things are worse than others (no tax/didn't have my licence with me v S. 112 unauthorised taking - no comparison).

But the attitude of the Army is not universal and doesn't mean a person has not been convicted - just that the conviction is not going to stop them from joining is all. The poster here is not applying for the Army and is much better served by 'fessing up to the convictions rather than declaring - falsely - that they have none. You can explain something you disclose, you have no credibility on the issue if you say it never happened.

I also have a PSA Licence and am trying to get into the Ambulance Service, and before i even bothered seeking work in both sectors, i was assured my record would not bother me.

As you said, it does depend on the incident as a whole. I always explain my situation, how it happened and what was going on in my life when it happened and i was 19 at the time so i usually get some reasoning with the people i deal with. i always chose the 'honesty is the best policy' and it always worked out fine.

j.j. 05

OK much appreciated guys. Have to say I think its ridiculous that certain convictions from years ago could hold you back in the future. Mistakes made from a long time ago should be left in the past IMO.