Garda vetting, confused!

Amara22

Hi,

I was just wondering what exactly shows up on your garda vetting form. I know it says all prosecutions and convictions but I'm not sure what that means in my situation.

When I was 17 or 18 I made the unfortunate and immature error of trying to impress my friends by shop lifting. I was caught and charged. As I was a moody brat, my mum dealt with the solicitor and all I'm really aware of is that the solicitor was pushing to 'keep it off my record.' whatever that exactly means. I remember them saying that the judge agreed to keep it off and as a result I had to pay a much higher fine.

I'm 30 years old now and I want to volunteer. I need to get garda vetted so my question is will this show up?

Also, there is a section for entering previous convictions, should I write this in this section? I mean doesn't it kind of defeat the purpose to go to all the trouble and cost to keep it off your record and then just admit it?

And please no comments on getting what I deserve. I know I was an idiot but I was young and stupid. I never did anything like that before and never did again. I want to volunteer to help people and I don't think my life should be restricted from doing that because of a mistake I made 13 years ago.

Thanks!

metroburgers

Amara22 wrote: »

When I was 17 or 18 I made the unfortunate and immature error of trying to impress my friends by shop lifting. I was caught and charged. As I was a moody brat, my mum dealt with the solicitor and all I'm really aware of is that the solicitor was pushing to 'keep it off my record.' whatever that exactly means. I remember them saying that the judge agreed to keep it off and as a result I had to pay a much higher fine.

You were possibly given the Probation Act;

The Probation of Offenders Act 1907 provides the courts with a way of dealing with first time offenders and offenders who are unlikely to be in trouble again, by giving them a type of official warning without imposing a sentence on them. If a probation order is made, as well as requiring you to be of good behaviour, it may also contain certain conditions such as: Payment of compensation, Residing at a particular place, Supervision, Any other conditions considered necessary to prevent a repeat of the offence (for example, attending counselling).

Maybe clarify with your mum and solicitor involved. IMO if you received probation act, you do not have a conviction, and so do not have to divulge this incident.

234

metroburgers wrote: »

You were possibly given the Probation Act;

The Probation of Offenders Act 1907 provides the courts with a way of dealing with first time offenders and offenders who are unlikely to be in trouble again, by giving them a type of official warning without imposing a sentence on them. If a probation order is made, as well as requiring you to be of good behaviour, it may also contain certain conditions such as: Payment of compensation, Residing at a particular place, Supervision, Any other conditions considered necessary to prevent a repeat of the offence (for example, attending counselling).

Maybe clarify with your mum and solicitor involved. IMO if you received probation act, you do not have a conviction, and so do not have to divulge this incident.

Apart from the fact that the OP said he is being asked to disclose all prosecutions and convictions. So he would have to disclose as he was prosecuted, just not convicted.

Amara22

Thanks for the replies. I understand that honesty is usually the best policy but that was all my solicitor was asked to ensure. My mum said we would pay anything or I would do anything to keep it off the record (presumably to avoid having a stain on my record that would damage my future career choices) the solicitor said it was done.
What is the point of that if you have to admit it anyways?
I would ask my mum for clarification but she passed away 2 years ago and I haven't a clue who the solicitor was.

metroburgers

234 wrote: »

Apart from the fact that the OP said he is being asked to disclose all prosecutions and convictions. So he would have to disclose as he was prosecuted, just not convicted.

.

Yep that's true i stand corrected.

"When a prospective employee is vetted by the Gardaí the details of all convictions and prosecutions are disclosed to the authorised liaison person in the registered organisation. The details will include all completed prosecutions whether or not they were successful and will also include any pending prosecutions."

234

Amara22 wrote: »

Thanks for the replies. I understand that honesty is usually the best policy but that was all my solicitor was asked to ensure. My mum said we would pay anything or I would do anything to keep it off the record (presumably to avoid having a stain on my record that would damage my future career choices) the solicitor said it was done.
What is the point of that if you have to admit it anyways?
I would ask my mum for clarification but she passed away 2 years ago and I haven't a clue who the solicitor was.

The point is that in some circumstances all you will be asked to disclose is a conviction e.g. certain visa applications. In those circumstances, somebody who received the Probation Act, would be able to honestly say that they had no convictions.

The fact that you were prosecuted is simply that: a fact. No legal process can change history. And your solicitor certainly can't magic away the fact that you were prosecuted.

The point is that you should be able to explain what happened to any potential employer and they can then make their own decision. They may entirely share your view of the prosecution and then again they may not. It's up to them to decide.

Fred Swanson

This post has been deleted.

dublin daz

If you were not convicted then you can say NO to the question 'have you ever been convicted of a criminal offence'.

Given your age at the time I would be surprised if it showed up at all. Also, just an FYI on the vetting, if you say no to the question and you do have a return by AGS then the body requesting the vetting will ask you to confirm or deny the record that was returned by AGS. That way you will see what they have, if anything, against your personal details.