Criminal record

HarrisonLennon · 23-01-2013 4:41pm #1

Hello,

I'm trying to find out a simple fact. Do I still have a criminal record.

About 7 years ago I was convicted of a non custodial offence and fined.

I heard somewhere Ireland was following some countries of when someone is convicted of a non custodial offence and remains a law abiding citizen for a number of years. The offence is wiped clean.

dunphy3 · 23-01-2013 4:46pm

HarrisonLennon wrote: »

Hello,

I'm trying to find out a simple fact. Do I still have a criminal record.

About 7 years ago I was convicted of a non custodial offence and fined.

I heard somewhere Ireland was following some countries of when someone is convicted of a non custodial offence and remains a law abiding citizen for a number of years. The offence is wiped clean.

yes the perioud is 3 years.

Sadderday · 23-01-2013 4:46pm

so, what ya do???

maithanfear · 23-01-2013 4:47pm

wheres the guidelines for this?

HarrisonLennon · 23-01-2013 4:48pm

dunphy3 wrote: »

yes the perioud is 3 years.

Yes as in........?

HarrisonLennon · 23-01-2013 4:48pm

Sadderday wrote: »

so, what ya do???

Pole danced on a traffic light.

Procrastastudy · 23-01-2013 4:48pm

dunphy3 wrote: »

yes the perioud is 3 years.

Really? I thought we had no spent convictions legislation. I thought the only way to avoid a criminal record was if the probation act was applied.

Sadderday · 23-01-2013 4:51pm

HarrisonLennon wrote: »

Pole danced on a traffic light.

nothin new, thats my thursday night

HarrisonLennon · 23-01-2013 4:51pm

Procrastastudy wrote: »

Really? I thought we had no spent convictions legislation. I thought the only way to avoid a criminal record was if the probation act was applied.

http://www.irishtimes.com/newspaper/ireland/2012/0505/1224315651340.html

mitosis · 23-01-2013 4:53pm

That's proposed though, not passed.

ResearchWill · 23-01-2013 4:53pm

HarrisonLennon wrote: »

Hello,

I'm trying to find out a simple fact. Do I still have a criminal record.

About 7 years ago I was convicted of a non custodial offence and fined.

I heard somewhere Ireland was following some countries of when someone is convicted of a non custodial offence and remains a law abiding citizen for a number of years. The offence is wiped clean.

It is currently a bill, http://www.oireachtas.ie/documents/bills28/bills/2012/3412/b34112s.pdf not enacted yet.

HarrisonLennon · 23-01-2013 4:59pm

ResearchWill wrote: »

It is currently a bill, http://www.oireachtas.ie/documents/bills28/bills/2012/3412/b34112s.pdf not enacted yet.

So that means its just an idea basically?

Or will it come into effect eventually?

Procrastastudy · 23-01-2013 5:01pm

Will probably come into effect but there is no guarantee. We're the last country in Europe not to have such legislation, and that Bill is at a fairly late stage so fingers crossed.

HarrisonLennon · 23-01-2013 5:04pm

Procrastastudy wrote: »

Will probably come into effect but there is no guarantee. We're the last country in Europe not to have such legislation, and that Bill is at a fairly late stage so fingers crossed.

Indeed, fingers crossed. I wanna go to the US sometime. I don't wanna have a criminal record

tayto lover · 23-01-2013 5:05pm

HarrisonLennon wrote: »

http://www.irishtimes.com/newspaper/ireland/2012/0505/1224315651340.html

A Bill does not become Law until it goes through the Oireachtas and is ratified by the President and lodged in the Supreme Court.

(Just checked this out yesterday for same reason as yours.)

Procrastastudy · 23-01-2013 5:07pm

HarrisonLennon wrote: »

Indeed, fingers crossed. I wanna go to the US sometime. I don't wanna have a criminal record

Spent Convictions won't effect you having to declare previous record for visa/immigration purposes. You're stuck with that I'm afraid.

ResearchWill · 23-01-2013 5:09pm

HarrisonLennon wrote: »

Indeed, fingers crossed. I wanna go to the US sometime. I don't wanna have a criminal record

The bill won't help you:

8.—A person who has a conviction which is, in accordance with this Act, regarded as a spent conviction, shall not be entitled to regardanyquestionputtohimorherseekinginformationinrelation to his or her previous convictions as not applying to the spent convic- tion where—
(a) he or she is in a state, other than the State, and the infor- mation is sought pursuant to the exercise of the juris- diction of the law of that state, or
(b) he or she is within the State but the information sought relates to a matter being dealt with pursuant to the law of a state other than the State.

Marcusm · 23-01-2013 5:11pm

HarrisonLennon wrote: »

Indeed, fingers crossed. I wanna go to the US sometime. I don't wanna have a criminal record

Whether this bill is enacted should be of academic interest to you as mere expungement of the record is irrelevant to the US authorities. The question is whether you were convicted of or arrested for an offence involving moral turpitude etc etc. If you're interested in going to the US, why not apply for a visa and be certain of the position. Your "crime" does not sound like it should preclude you although a visa waiver may not be appropriate.

maithanfear · 23-01-2013 5:29pm

Does this apply to someone with bad credit history as well or is that governed by different legislation?

Criminal record

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