Garda vetting and Charges dropped

billymitchell

I was verbally offered a new position today, and all sounded great until the end of the conversation and the HR person threw in that I would have to be vetted as the role will involve dealing with peoples personal details and their financial information(Credit card numbers etc).

About 12 years ago, I went to court over a drugs offence, got the case postponed, had a chat with the prosecuting officer and he agreed to drop the charges against me. Now I am trying to figure how this will show up on the garda vetting form, if it will at all.

If I look on the garda website, it tells me this. Looks like only convictions will be discolosed.
http://www.garda.ie/FAQ/Default.aspx?FAQCategory=36#FAQ2722

What details are disclosed as a result of Garda Vetting?
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.

On citizen information, its a bit ambiguous. IT says prosecutions will be disclosed, but the next line says only completed prosecutions will be disclosed
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/monitoring_and_surveillance_at_work/garda_clearance_for_employees.html#l9f980

Details disclosed
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. Details of the Garda vetting procedure are available on garda.ie.

Finally, on the data protection website. They really muddy the waters here, especially with the line highlighted in bold
http://www.dataprotection.ie/docs/Guidance-Note-on-data-protection-considerations-when-vetting-prospctive-employees/1095.htm

b) Information that may be released as part of the vetting process
When a vetting subject gives their written permission for An Garda Síochána to disclose details of all prosecutions, successful or not, pending or completed and/or details of all convictions, recorded in the state or elsewhere in respect of them to a registered organisation, all such details as held on record by An Garda Síochána in respect of the vetting subject are disclosed. In the case where vetting subjects have been prosecuted, notwithstanding the court outcome in respect of the prosecution, the factual details contained in the resultant court outcome are disclosed to the authorised signatory.

I am just wondering should I disclose this to my new potential employer and see what they say? I don't really want to hand in notice in my current job if the new potential employer wont take me on over this.

usernamegoes

Is it just a self declaration? Therefore you can answer no if it asks just from convictions. I don't think they can do a vetting check unless you are working with kids or vulnerable adults.

If they ask you to fill in a Subject Access Request Form tell them that's against the law.

billymitchell

I'm not sure if its self declaration, or if its a proper garda vetting form. I think you can be vetted for more than what you just stated, but I'm open to correction

usernamegoes

I am not aware of any other reasons for Garda Vetting particularly not for the job type you describe.

Regardless I don't think your non-conviction would be disclosed if you were vetted see item D http://www.garda.ie/Documents/User/Garda%20Vetting%20Procedures%20-Aministration%20Filter.pdf

billymitchell

usernamegoes wrote: »

I am not aware of any other reasons for Garda Vetting particularly not for the job type you describe.

Regardless I don't think your non-conviction would be disclosed if you were vetted see item D http://www.garda.ie/Documents/User/Garda%20Vetting%20Procedures%20-Aministration%20Filter.pdf

Downloaded that earlier, but didn't notice the second page. Seem like the garda website is saying it won't disclose any information, the citizen information site and data protection site could do with a rewording

usernamegoes

The Administrative filter is brand new http://www.iprt.ie/contents/2629

Please keep us updated on how this goes as I would be interested how they manage to vet you.

Please note that if they do ask you to make a SAR the admin filter does not apply as you get access to all your information as it's not meant to be shared. If they ask you to do this inform them it is against the law.

billymitchell

usernamegoes wrote: »

The Administrative filter is brand new http://www.iprt.ie/contents/2629

Please keep us updated on how this goes as I would be interested how they manage to vet you.

Please note that if they do ask you to make a SAR the admin filter does not apply as you get access to all your information as it's not meant to be shared. If they ask you to do this inform them it is against the law.

The newness of the change would make sense as to why its not updated on the other two sites. I'll make a note to come back and let you know how and why they are vetting me, and the outcome. I might also contact citizens info and data protection re the wording on their websites.

Shane Fitz

How did your vetting go in the end??
I may be faced it a similar station in the near future. . Arrested and charged. But charges dropped during the prosecution procrss