Legal Advice on Background Checks

AnonSum41

Hi all,

Long time lurker here. I joined because I've got a query that I'd like a solid answer on if anyone knows, as it's causing me quite a bit of worry at the moment.

I was charged with a serious crime maybe 5 years ago, but when brought to court, the charges were 'Struck out'. My recollection at the time was that they were struck out instead of dismissed, in order to ensure that I stayed out of trouble for the next few years. Happily, I have, and I've had no more trouble with this.

I'm considering moving jobs, and the question of background checks has come up. I'm concerned that, when asked if I was ever convicted of a crime, I'll be selecting 'No', but the company that does the checks may come back with supplementary information including the arrest and charge etc, etc.

I understand that I wasn't convicted, but I don't know what's contained in my records there for employers to see. I did a Gardai information request where they send you all the information they have for you on file, and while it was upsetting, it wasn't a surprise to find that this turned up that I had been both arrested, and the case had subsequently been struck out.

Can anyone tell me if there's anything I can do to check what they'll see, or if there's anything I can do to get it removed as it was struck out several years ago?

Any guidance is appreciated.

Little CuChulainn

Depends on the type of crime alleged and the type of check being done.

AnonSum41

Hey,

Does it? What type of crime would come up? The check is a regular business criminal convictions check for handling sensitive data, and the alleged crime was unrelated to the business, but was an altercation between myself and another individual. In fairness, my concious isn't clean on that one, I was involved for definite and the blame lies a lot on me and some on the other individual, but I was the one charged.

Fair enough, but I'm trying to move on, and I'm hoping that this doesn't stop me dead in my tracks when being offered a position.

Does that provide enough information for a better answer?

FishOnABike

[2013] IEHC 449 Webster -v- Commissioner of an Garda Siochana & ors might be of intetest.
http://courts.ie/Judgments.nsf/0/59A45784CC81582580257C14005EFB9F

Background information might indicate the information likely to be included in a vetting report.
http://m.independent.ie/irish-news/courts/legal-challenge-to-current-garda-vetting-procedure-28901417.html

http://m.herald.ie/news/jobseeker-in-legal-fight-on-garda-vetting-28906683.html

Stheno

Only employers employing people working with vulnerable members of society can do Garda vetting here unlike in the UK

Little CuChulainn

There are 3 types of checks. Police cert of character, garda vetting and data protection release. Each of them reveal different levels of information. There is also an administration filter applied that excludes certain older and minor offences.

Stheno

Little CuChulainn wrote: »

There are 3 types of checks. Police cert of character, garda vetting and data protection release. Each of them reveal different levels of information. There is also an administration filter applied that excludes certain older and minor offences.

Doesn't the individual being checked have to apply themselves for the cert of character?

AnonSum41

Thanks all, and for the links.

I'm still a little unclear on what the likelihood of my record being disclosed to a company doing these checks would be.

To be blunt, the matter was one of assault, and the jobs I apply for would be clerical/data administration in nature. Not for anything vulnerable such as healthcare, but instead for jobs like line engineering in a big manufacturing company, such as Toyota or other factories. I'm having a lot of difficulty in just knowing the answer to the question 'If this is checked out, will I miss the job based on my case'. The independent link above makes me feel as though it is likely to be returned, and I feel as though my next course of action might be to contact a solicitor, which I don't really have the money for. I checked with FLAC, and they were of the opinion that cases being struck out should not appear, but I'm not as confident in their advise as I was hoping I would be.

Upsetting that our legal system isn't clearer on this situation. It's my own doing I know,but I'm really doing my best to move my life forward and keep supporting my family, and the stress of even securing a job in the first place and then having to do these checks on top of that is very tough.

DM addict

So according to the Gardai FAQ on vetting, they will disclose details of convictions and cases pending. Non-convictions will only be disclosed in circumstances when you may be considered a risk to vulnerable persons. http://www.garda.ie/FAQ/Default.aspx?FAQCategory=36#FAQ2722

Have you been told that garda vetting is likely in roles you're looking at? From what I can gather, vetting is only available for employees/volunteers who have unsupervised access to children/vulnerable adults. http://www.garda.ie/FAQ/Default.aspx?FAQCategory=36#FAQ2719

A company can only apply for vetting if they're registered. Not every employee can be randomly subject to background checks, at least from my understanding.

Fred Swanson

This post has been deleted.

L1011

I was told it would be required for a role with Arqiva who provide public safety radio systems to a few operators here. Didn't go for the job due to the money rather than that but find it interesting that they shouldn't be able to get it basically.

Stheno

L1011 wrote: »

I was told it would be required for a role with Arqiva who provide public safety radio systems to a few operators here. Didn't go for the job due to the money rather than that but find it interesting that they shouldn't be able to get it basically.

I've had multiple background checks in the past for multinationals, all of whom seem to base it on the UK system where they have access to far more information than here

Esel

^ You might want to edit the company name / info out of that post...

And Stheno who quoted it might like to do the same.

I'm not particularly paranoid, but I would. :eek:

ScouseMouse

I found it interesting the links above where the judge delayed their decision. Is there any way to find out her final decision on the matter?

Another link to it http://www.irishtimes.com/news/challenge-to-constitutionality-of-garda-vetting-procedure-1.551946

Fred Swanson

This post has been deleted.

Pro Hoc Vice

Fred Swanson wrote: »

Correct but companies have ways around this.

The easiest way is for them to have employees request their info from the Gardaí. Gets around the admin filter and other safeguards.

It is illegal to ask a person to do a data request in such circumstances. https://www.dataprotection.ie/viewdoc.asp?DocID=1475&UserLang=GA

Fred Swanson

This post has been deleted.