question re conviction

systemicrisk

Hi,

About 12 years ago I did something stupid when drunk and caused damage to property for which I was arrested, convicted and fined 100 for intoxication in a public place and 250 for damaging property belonging to another. It is my only offence.

I am applying for jobs at the moment and in some I am required to disclose because they may require garda vetting. This is not ideal but I would prefer to be honest and include a note explaining the incident in my application. I decided to get a section 4 data request as I had no records of court dates and to ensure my record was correct. I remember having to go into court on two separate dates as the first date my my case was not held. On the second date my case was held and I was fined for both offences.

The S4 request came back and it has the the fine for intoxication on one date and the damaging property on the second. Now this worries me as it looks like they were two separate incidents. I will write back to the processing unit to try get this changed. Does anyone on here know can they amend records? This was one incident and in one application which i disclosed the conviction I told them it was. However if they see 2 separate dates for the charges on the vetting form they may think I was untruthful. Thanks

Pat Mustard

That's unfortunate, I must say.

I doubt that you are going to get too many people who will be able to help you in this forum, as what you are asking seems to concern an internal Garda procedural matter. You could consider trying the Emergency Services forum, but it could be that many Gardai in Ireland wouldn't deal with deal with this sort of thing on a regular basis. It will cost you nothing to ask, in any case.

Although it is a bad situation OP, I have doubts as to whether you will be successful in getting Gardai to amend records, which sound as though they may be correct. Subject to correction, it sounds as though two convictions arose out of this one incident, and they are both correctly recorded?

If something has been recorded incorrectly, I would say that would be a different matter entirely.

I don't know if you use a recruitment agent, to see if you could ask his/her advice as to the best possible spin that could be put on this, in the circumstances.

If any of your local TDs are any good, you could meet them at their clinic, outline your situation, and ask them if they could do anything about progressing the Spent Convictions Bill. Some TDs are very hard-working. They are probably the people to approach, in my view.

Good luck.

systemicrisk

The Mustard wrote: »

That's unfortunate, I must say.

I doubt that you are going to get too many people who will be able to help you in this forum, as what you are asking seems to concern an internal Garda procedural matter. You could consider trying the Emergency Services forum, but it could be that many Gardai in Ireland wouldn't deal with deal with this sort of thing on a regular basis. It will cost you nothing to ask, in any case.

Although it is a bad situation OP, I have doubts as to whether you will be successful in getting Gardai to amend records, which sound as though they may be correct. Subject to correction, it sounds as though two convictions arose out of this one incident, and they are both correctly recorded?

If something has been recorded incorrectly, I would say that would be a different matter entirely.

I don't know if you use a recruitment agent, to see if you could ask his/her advice as to the best possible spin that could be put on this, in the circumstances.

If any of your local TDs are any good, you could meet them at their clinic, outline your situation, and ask them if they could do anything about progressing the Spent Convictions Bill. Some TDs are very hard-working. They are probably the people to approach, in my view.

Good luck.

Thanks very much for your reply. Apart from the fact that they appear as two separate court dates they are correct. Both charges were heard at the same time and both fines were issued at same date. I reread the data protection request letter and it does say to contact the processing unit if it is incorrect so hopefully they will change it if I point out the mistake.

As far as I know the spent convictions bill wont be applicable for the type of work that requires Garda vetting. A vetting form will still list any offences you have. It just means for insurance purposes or employers who ask in their application form you will not have to disclose. Therefore this bill will make very little difference to my situation unfortunately.

Anyway thanks again for your reply, I will get in contact with the processing unit and I will post back here when I find out either way for information purposes for people with similar problems. It might be an idea for people with previous convictions to make a data protection request to ensure the information held on them is correct.

234

Data protection acts to provide a right to have data held on you be accurate.

Beyond that you should consult a solicitor or contact the gardai and see if they can remedy the situation.