Convictions & Probation Act

jj1787

Hi,

I am looking for some advice regarding my criminal record. When I was 19 I got into a little trouble for drunk and disorderly and criminal damage. The judge gave me a fine and the probation act, two years later I had another run in with the law but it was a nothing charge, the Gard was fresh out of Tullamore and a complete tool but again I went to court and again the judge gave me a fine and the probation act for breach of the peace.

In 2012 I applied for a Canadian Visa and required a garda clearance cert - the cert came back saying that I have never been convicted of any crime in Ireland which is true and this was fine. However I am in the process of getting another visa for Canada and require the same Garda cert again. I assumed there would be no issue with this as it was fine the last time. However this time the cert came back saying I have 5 convictions. I told the Gaurds that they are wrong and that these are probation orders and not convictions but they are contradicting me and saying my record is showing convictions. Is it that this Garda does not understand the law she is supposed to be serving or could someone have changed my record from what the judges gave me?

This is very upsetting and I need it resolved immediately but the Gaurds are not listening to me. How do I go about resolving this issue? I would also like to make a complaint about the inconvenience and stress this has caused me after it is resolved.

Any advice would be greatly appreciated.

Thanks.

Tom Young

We cannot give legal advice here, per the Charter.

I would suggest that you take this matter up with a solicitor.

Wheelnut

jj1787 wrote: »

... the Gard was fresh out of Tullamore and a complete tool...

You knew less than him, check out that statement and tell us who is the complete tool.

jj1787

Haha Templemore my bad!:o

Anyway a different Garda Station gave me my clean Police Cert with no convictions. The superintendent knew straight away that my record had no convictions. Goes to show you the professionalism in our police force, my local Garda station were adamant I was convicted and refused to take another look at the computer to double check. If I had left it at that I would of missed out on a visa all because of the stubbornness and incompetence of these gards who were completely in the wrong. They don't even understand the law and refused to listen. I think a call into the ombudsman is more than justifiable!!

nuac

If you were fined you were convicted of something.

jj1787

Look up the probation act of 1907 - clearly you haven't got a clue either. I paid compensation the word fine wasn't used and I was never convicted of anything, all charges were dismissed under the probation act.

234

jj1787 wrote: »

I paid compensation the word fine wasn't used

...

jj1787 wrote: »

The judge gave me a fine and the probation act, two years later I had another run in with the law but it was a nothing charge, the Gard was fresh out of Tullamore and a complete tool but again I went to court and again the judge gave me a fine and the probation act for breach of the peace.

jj1787

I'm sorry again I shouldn't of used the word fined in my post. The courts never used the word fined. Regardless I was never convicted of anything and that is fact as my Garda Cert proves.

The issue here is these Gards who were going to ruin my chance of travelling even though they were completely in the wrong and refused to even check their mistake - not my misuse of words in my post.

murrayp4

If you believe the Garda record is inaccurate your best bet is to contact a solicitor.

jj1787

My record is not inaccurate it is correct as the two clear certs I have gotten prove. The problem is one gaurd misunderstood what my record said and gave me a cert saying I had convictions, when I told her she was wrong she refused to accept this and would not even double check or do any research on what a probation order is. So one idiot Gaurd could of potentially done alot of damage even though she was completely in the wrong.

Disgraceful.

Bepolite

I can't work out if you're a troll or you genuinely come across like you do here in real life and you wonder why the guards take issue with you. Either way it's pretty amusing.

I also can't work out how you managed to get away with the Probation Act twice. Once is fair enough but the next time you showed up in the DC you should have had the book thrown at you, you clearly didn't learn the first time.

There are solutions to your problem. Perhaps if you start behaving a little less like a spoilt child someone will point you in the direction. Hint: It will involve writing a polite letter.

jj1787

I got the probation act twice because the second time I was brought to court the charge was farcical and the judge recognized this. As for the troll comment I wont even react!

Fact is I have no problem as far as my record goes as I don't have any convictions. My problem is a Gaurd that didnt understand the law and was going to sign off that I have been convicted when this is completely false.

Its a pretty big error on her behalf and totally unacceptable.

Bepolite

Write in to the Superintendent - politely. Ask him/her to review the situation. If that doesn't work you may have to engage a solicitor.

jj1787

I went to a different Garda Station were a different superintend gave me a clean cert straight away and told me the other Gaurds were wrong (which I already knew). So I am good now I have an up to date clean cert. My venting issue is the Gaurds at my local station that wouldn't listen to me when they were completely wrong. I believe this is a very serious matter and the Gaurd needs to be taken to task for it. If they had of listened to me when I brought the cert back and offered to correct the error instead of completely dismissing and contradicting me I wouldn't be so upset over the matter.

Bepolite

You've been in trouble with the guards on numerous occasions and if your posting style is anything like your real-life demeanour I'd take a long hard look at how you come across to people.

You catch more flies with honey than with vinegar.

Best of luck to you where ever you decide to go.

jj1787

Fair point!! Cheers