criminal record

wishmaster200

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

cloud493

Don't think it goes anywhere. Thats why they call it a record.

wishmaster200

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

A "friend" eh..

EyeSight

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

I don't think it does. Unless you're a minor it sort of goes away when you turn 18

Pro Hoc Vice

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

Currently it's not wiped clean last for ever. But if this bill ever becomes law it will change that except in certain circumstances. http://www.justice.ie/en/JELR/Criminal%20Justice%20(Spent%20Convictions)%20Bill%202012-P&C.pdf/Files/Criminal%20Justice%20(Spent%20Convictions)%20Bill%202012-P&C.pdf

893bet

Looks lilke we will be seeing you on Nothing to declare.

MonaPizza

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

There's a big difference between a charge and a conviction.

Menas

Can an employer actually do a Garda check on you in this country? What info would be in there?
Just criminal convictions or every speeding fine etc?
Would an unconvicted charge be on there?
And how long would it take to get the report?

I suppose if it was a serious conviction then you would appear near the top of a google search negating the need for the cost of a garda check.

Wicklowrider

Ask in the legal forum:

http://www.boards.ie/vbulletin/forumdisplay.php?f=633

You will get less " I believe...." and " I think...." answers

BBDBB

Shaddupa your face by Joe Dolce, now that's a criminal record

.Henry Sellers.

I know a fella that still has a Police record....











after all these years it still sounds good.

Potential-Monke

Anything you do before the age of 18 is "wiped" clean (still on the Garda system, but won't show up on checks). After 18, anything you're successfully prosecuted with is permanently on your record.

urabell

No everyone forgets brutal crimes like assualt

PizzamanIRL

Everyone comes on here asking questions for 'a friend'. Man up and admit it was you, you criminal.

By the way it doesn't go away. Do the physical/emotional scars go away from the victim?

Here's a to let you know I'm not being serious

strobe

Trigger Happy wrote: »

Can an employer actually do a Garda check on you in this country? What info would be in there?
Just criminal convictions or every speeding fine etc?
Would an unconvicted charge be on there?
And how long would it take to get the report?

I suppose if it was a serious conviction then you would appear near the top of a google search negating the need for the cost of a garda check.

Only certain employers (schools, hospitals, childcare etc - places that work with vulnerable people) registered with the Garda Vetting Bureau can do a check, and only with your permission (you've to sign the form etc).
So Tesco can't just take it upon themselves to run a check on you if you apply for a job there or anything like that, no.

If you want a job in a creche (for example) though and they are registered with the vetting bureau, and you sign off on the vetting process, all prosecutions successful or not are provided in it and also 'soft vetting' info that might not be criminal but could suggest you are a potential threat.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/monitoring_and_surveillance_at_work/garda_clearance_for_employees.html

renegademaster

PizzamanIRL wrote: »

Everyone comes on here asking questions for 'a friend'. Man up and admit it was you, you criminal.

By the way it doesn't go away. Do the physical/emotional scars go away from the victim?

Here's a to let you know I'm not being serious

what about victimless crimes??

delw

Trigger Happy wrote: »

Can an employer actually do a Garda check on you in this country? What info would be in there?
Just criminal convictions or every speeding fine etc?
Would an unconvicted charge be on there?
And how long would it take to get the report?

I suppose if it was a serious conviction then you would appear near the top of a google search negating the need for the cost of a garda check.

Yes any potential employer can do a back round check AFAIK,iv had it done twice, for the airport & for a CE scheme
They used to only go back four years but not sure now

kowloon

https://www.youtube.com/watch?v=YjAwIPElLCE

Pat Mustard

The Spent Convictions legislation has not yet been enacted. For now, whatever is on a person's record, remains.

If you were convicted for running a red light when you were seventeen, you still have that conviction on your record.

http://www.thejournal.ie/new-bill-will-allow-minor-criminal-records-to-be-wiped-439509-May2012/

The Bill will allow people convicted of crimes carrying jail times of a year or less, as well as crimes which carry non-custodial sentences, to act as if their convictions had never existed. It was approved at Cabinet level on Tuesday.

The self-administered scheme will see people be able to withhold details about previous convictions within three years, if they had paid only a fine for their offence, extending to seven years in cases where they had spent 12 months in jail. The provisions will not apply when people are applying for jobs working in care services to children or vulnerable adults, for security positions, and when applying for licences as taxi drivers and bouncers.

V.W.L 11

just got a copy of my record from the garda criminal records office,even something that was said by a judge not to be a conviction has shown up as exactly that,so back to court I go yet again :mad:

V.W.L 11

The Mustard wrote: »

The Spent Convictions legislation has not yet been enacted. For now, whatever is on a person's record, remains.

If you were convicted for running a red light when you were seventeen, you still have that conviction on your record.

http://www.thejournal.ie/new-bill-will-allow-minor-criminal-records-to-be-wiped-439509-May2012/

look forward to seeing the amendments to this bill,trying to get work even when a minor conviction is declared is near impossible,well for me anyway.

Holsten

V.W.L 11 wrote: »

look forward to seeing the amendments to this bill,trying to get work even when a minor conviction is declared is near impossible,well for me anyway.

Don't declare it.

V.W.L 11

Holsten wrote: »

Don't declare it.

had no choice,garda vetting was required #completelyscrewedoverbythelaw

Festy

4life Hommie

V.W.L 11

Festy wrote: »

4life Hommie

lets see what the spent convictions bill has to offer when it becomes law!

WoollyRedHat

For thinks like a JLO it usually is forgotten about once you turn 18 provided you don't rack them up.

Foxhound38

renegademaster wrote: »

what about victimless crimes??

Assault is a victimless crime?

V.W.L 11

Foxhound38 wrote: »

Assault is a victimless crime?

if it never happened then yes,I.M.O

Jumboman

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

Get your freind to change his name than the criminal record will vanish:)

V.W.L 11

Jumboman wrote: »

Get your freind to change his name than the criminal record will vanish:)

deed poll :pac:

Epic1337

Max Power is a good name to change it to.

sillyoulfool

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

Under Irish law the slate is NEVER wiped clean, there is no legal process by which a conviction can be deemed spent.

V.W.L 11

sillyoulfool wrote: »

Under Irish law the slate is NEVER wiped clean, there is no legal process by which a conviction can be deemed spent.

yet!

sillyoulfool

delw wrote: »

Yes any potential employer can do a back round check AFAIK,iv had it done twice, for the airport & for a CE scheme
They used to only go back four years but not sure now

Very few employers can do a criminal record check, usually only in places like the airport where security is an issue or if you are going to be working with kids/vulnerable adults.

cruiser178

Recently i needed my garda vetting for a fas/solas course im currently on. The garda vetting was for work placement. When the garda vetting came back it was, lets say colourful. Nothing more serious then few public order acts(drunk) also caught with hash(personal use, just a few joints)and few motoring offences, all of which happened way back in the 90's, the last millennium. I got grilled by fas because of it asking me in detail about each offence. I then had to go to the work placement I was trying to get into and explain myself again, thank god they were very understanding a gave me a chance, im still there today.


I understand if someone has serious offence's against them and are trying to get work around venerable people but minor offence's should not go against you for the rest of your life.


This article is an interesting read and opens the flood gates on the whole garda vetting. http://www.independent.ie/irish-news/courts/woman-settles-case-against-state-over-her-garda-vetting-30041897.html

V.W.L 11

cruiser178 wrote: »

Recently i needed my garda vetting for a fas/solas course im currently on. The garda vetting was for work placement. When the garda vetting came back it was, lets say colourful. Nothing more serious then few public order acts(drunk) also caught with hash(personal use, just a few joints)and few motoring offences, all of which happened way back in the 90's, the last millennium. I got grilled by fas because of it asking me in detail about each offence. I then had to go to the work placement I was trying to get into and explain myself again, thank god they were very understanding a gave me a chance, im still there today.


I understand if someone has serious offence's against them and are trying to get work around venerable people but minor offence's should not go against you for the rest of your life.


This article is an interesting read and opens the flood gates on the whole garda vetting. http://www.independent.ie/irish-news/courts/woman-settles-case-against-state-over-her-garda-vetting-30041897.html

seen that article,i myself am having similar issues,have been trouble free since the start of 2009 yet because of a few minor mishaps in my life i'm forever f**ked (well for now at least)

Vision of Disorder

cruiser178 wrote: »

I understand if someone has serious offence's against them and are trying to get work around venerable people but minor offence's should not go against you for the rest of your life.


This article is an interesting read and opens the flood gates on the whole garda vetting. http://www.independent.ie/irish-news/courts/woman-settles-case-against-state-over-her-garda-vetting-30041897.html

But yours didn't go against you. The group involved discussed them with you, weighed up the person you are today against the 'indiscretions' of your past and went with you after careful consideration. Which sounds pretty reasonable to me to be completely honest.

V.W.L 11

Vision of Disorder wrote: »

But yours didn't go against you. The group involved discussed them with you, weighed up the person you are today against the 'indiscretions' of your past and went with you after careful consideration. Which sounds pretty reasonable to me to be completely honest.

lets hope i'm offered the same chance to show i'm not the person of many years ago,i made my mistakes,repaid my debt to society and have NOT reoffended since,but on paper i'll always be a con for now anyways

cruiser178

Vision of Disorder wrote: »

But yours didn't go against you. The group involved discussed them with you, weighed up the person you are today against the 'indiscretions' of your past and went with you after careful consideration. Which sounds pretty reasonable to me to be completely honest.

That's exactly what happened, and I am so glad to be given a second chance, but these minor offences shouldn't dragged up 20 yrs later. you also have to remember, your garda vetting only lasts a certain amount of time, and also every time you change job you will need new garda vetting, should you have to explain yourself every time? and also not every employer is as lenient as the one I have, in other words, if employers see your past on paper, will they just ball up your C.V and throw it in the bin without giving you a chance to explain yourself.

Vision of Disorder

V.W.L 11 wrote: »

lets hope i'm offered the same chance to show i'm not the person of many years ago,i made my mistakes,repaid my debt to society and have NOT reoffended since,but on paper i'll always be a con for now anyways

I would hope you will be afforded the same opportunities too and wish you the best of luck with that. I don't personally have a problem with there being some record of whatever you did before though. Not all positions will take much interest in your past criminality anyway surely?

cruiser178 wrote: »

not every employer is as lenient as the one I have, in other words, if employers see your past on paper, will they just ball up your C.V and throw it in the bin without giving you a chance to explain yourself.

That's an employers right though surely? I hire people in my current role and throw lots of CVs into bins. I wouldn't disqualify somebody based on a long-ago, minor conviction though. If somebody else running a business chooses to however that's their call to make. In your case they would probably be shooting themselves in the foot as you come across here as a thoroughly decent sort of individual anyway.

McNulty737

Alot of unhelpful comments here,

However there is hope on the horizon regarding the spent convictions bill, have a look at this statement from Alan Shatter a month ago:

http://www.kildarestreet.com/wrans/?id=2014-02-05a.382

So there you go, according to the justice minister the act should be passed into law in the first half of this year, let's wait and see.

V.W.L 11

Vision of Disorder wrote: »

I would hope you will be afforded the same opportunities too and wish you the best of luck with that. I don't personally have a problem with there being some record of whatever you did before though. Not all positions will take much interest in your past criminality anyway surely?



That's an employers right though surely? I hire people in my current role and throw lots of CVs into bins. I wouldn't disqualify somebody based on a long-ago, minor conviction though. If somebody else running a business chooses to however that's their call to make. In your case they would probably be shooting themselves in the foot as you come across here as a thoroughly decent sort of individual anyway.

thanks for that OP,there is a job in the pipeline but how long the employer will standby me is the thing,its all about getting garda clearance for the position as it occasionally involves work with under 18's,it was a short horrible period I went though in my life,thankfully I came out the otherside of it a better person and the employer sees that too.

V.W.L 11

McNulty737 wrote: »

Alot of unhelpful comments here,

However there is hope on the horizon regarding the spent convictions bill, have a look at this statement from Alan Shatter a month ago:

http://www.kildarestreet.com/wrans/?id=2014-02-05a.382

So there you go, according to the justice minister the act should be passed into law in the first half of this year, let's wait and see.

its the proposed amendments I look forward to seeing e.g more than 2 convictions spent and non convictions not disclosed.

McNulty737

V.W.L 11 wrote: »

its the proposed amendments I look forward to seeing e.g more than 2 convictions spent and non convictions not disclosed.

As it stands I think (and I could be wrong), that a maximum of two convictions is still the proposed limit. Various groups and politicians are lobbying to have this amended however. Check out http://www.iprt.ie/ for up to date information regarding the bill.

Holsten

The current bill is a joke.

It's basically useless for all but a tiny minority of offenders.

V.W.L 11

McNulty737 wrote: »

As it stands I think (and I could be wrong), that a maximum of two convictions is still the proposed limit. Various groups and politicians are lobbying to have this amended however. Check out http://www.iprt.ie/ for up to date information regarding the bill.

ihave done my homework on that subject and you are 100% correct,however it should be changed.

McNulty737

It's far from useless, it's a giant step in the right direction. The UK have had spent conviction legislation for 40 years, Ireland is the only country in Europe who don't have any such legislation. Now that is a joke.

McNulty737

V.W.L 11 wrote: »

ihave done my homework on that subject and you are 100% correct,however it should be changed.

I think first of all we just need to get the bill passed into law and then hopefully it can be amended after that to help more people.

barney4001

infinity

V.W.L 11

McNulty737 wrote: »

I think first of all we just need to get the bill passed into law and then hopefully it can be amended after that to help more people.

Lets hope shatter keeps his word,its been in the pipeline since 2007 i think

FudgeBrownie

Trigger Happy wrote: »

Can an employer actually do a Garda check on you in this country? What info would be in there?

Yes they can- it's called garda vetting. Some jobs require garda vetting as a must.

Any convictions are written down by the gards- speeding, no motor tax, assault, burglary etc. You also have to mention all of the places you have lived in.