Criminal convictions spent??

IrishmanAway

Hi all,

I have a question re a recent Garda Certificate I obtained while applying for a foreign visa.

I was convicted of a Public Order/drunk and disorderly offence in 2006.
However, the cert states that I 'was not convicted of crimes while residing in Ireland'.

FYI it was definitely a conviction as it showed up on a prior Garda Cert which was issued to me a few years ago.

I'm confused as I did not think a spent convictions scheme existed in Ireland.
Are minor offences somehow expunged or omitted from Police Certs after a certain time period?
So if somebody could clarify how this may have happened I would be most grateful.

No Pants

What age were you when the offence occurred?

IrishmanAway

I was 21 at the time.

Victor

http://garda.ie/Index.aspx

Administrative Filter in respect of Garda Vetting Unit Disclosures

On March 31st 2014, the Minister for Justice and Equality implemented an administrative filter to be applied to all Garda Vetting applications. The administrative filter is a new procedure being applied by the Garda Central Vetting Unit to allow certain minor convictions over 7 years old to be removed from disclosures.

http://www.garda.ie/Documents/User/Garda%20Vetting%20Procedures%20-Aministration%20Filter%20revised.pdf

http://www.garda.ie/Controller.aspx?Page=1535&Lang=1

Garda Vetting Procedure

When an organisation is registered with the Garda Central Vetting Unit it is entitled to receive Garda Vetting services in respect of its employees.



Garda Vetting Procedure is as follows:-

Personnel who are subject to Garda Vetting will receive a Garda Vetting Application Form from the registered organisation where they are seeking a position.

The applicant completes the application form and returns it to the Organisation. He or she must sign the form, thereby providing authorisation for the Garda Vetting process.

An authorised liaison person in the registered organisation sends the form on to the Garda Central Vetting Unit.

Garda Vetting checks on the applicant are carried out following receipt of the application form at the Garda Central Vetting Unit.

A Garda Vetting disclosure is issued directly to the authorised liaison person in the registered organisation.

Garda Vetting will only be conducted, and relevant disclosure will only be issued to an authorised liaison person within a registered organisation for Garda Vetting, predicated on the written authorisation of an individual vetting subject to do so in a Garda Vetting application form.

An individual vetting subject may obtain a copy of their Garda vetting disclosure from the authorised liaison person in the registered organisation to whom it was issued.

The following may be disclosed to the authorised liaison person in the registered organisation:
+ Details of all convictions not subject to the administrative filter.
+ Details of all cases pending.
+ Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.

All decisions in respect of the suitability of applicants for positions in registered organisations for Garda vetting are the sole reponsbility of the registered organisation concerned.

The Garda Central Vetting Unit has no input into any decision made in any registered organisation in respect of the suitability of an applicant for a position within such an organisation.

Police Certificates and Obtaining Personal Data

http://www.garda.ie/controller.aspx?Page=1548

Police Certificates and Obtaining Personal Data

Police Certificates

A Police Certificate is issued by the Superintendent in the District where the relevant applicant resides, or formerly resided, in the Republic of Ireland.

The certificate is issued free of charge and is issued for the following purposes:-
* Foreign Consular Authorities
* Foreign Visas
* Establishing a Business in other EU States

Applicants for Police Certificates for these purposes should make application in writing to the Superintendent in charge of the district wherein they reside, or formerly resided, in the Republic of Ireland. Please go to our Station Directory to find out who your District Superintendent is.


Obtaining personal data held on Garda Computers

Subject to the provisions of the Data Protection Act 1998/2003, every individual has a right to access personal data about him or her held by An Garda Síochána.

An individual seeking access to their information should complete the Data Access Request form (available in the panel on the right hand side, Forms available to download) and return it with relevant enclosures to the Garda Criminal Records Office, Racecourse Road, Thurles, Co Tipperary.

A Data Protection disclosure is issued directly to the applicant in person for their own personal use.

A Data Protection disclosure cannot be construed as Proof of No Convictions, Police Certificate, Garda Reference or Garda Vetting.

You can contact the Garda Vetting Unit at:-
Garda Central Vetting Unit/Garda Criminal Records Office
Racecourse Road
Thurles
Co. Tipperary

Tel: Lo-Call 1890 488 488

IrishmanAway

Your help is much appreciated. Thanks for your time.