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FCPN, criminal record?

  • 13-05-2016 8:03am
    #1
    ezra_
    Registered Users, Registered Users 2 Posts: 1,363 ✭✭✭


    Hello,

    So far I've been driving for 5 years+ and have had no accidents, points or any form of penalty (never even been breathalysed!)

    However, if I was issued with a FCPN, does that mean that would I now have a criminal record?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    No, that is an administrative sanction that doesn't attach to your criminal record. Similarly, penalty points, despite their name, do not attach to your criminal record. Failure to pay a FCPN may result in a court appearance and conviction, which is a criminal conviction and appears on your criminal record.

    There is a recently commenced piece of legislation that means that certain categories of criminal convictions expire after a certain period of time and ought not appear anywhere on your record. Given the difficulties AGS have in maintaining proper records in relation to suspects and offenders, it may be that spent convictions still appear beyond their expiry. There is also an administrative filter applied for the purposes of the Garda Vetting Scheme that means certain minor offences do not appear as a part of that process.


  • #3
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    hullaballoo wrote: »
    There is a recently commenced piece of legislation that means that certain categories of criminal convictions expire after a certain period of time and ought not appear anywhere on your record.

    have you any links to this or any further information?


  • #4
    L1011
    Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    lifeandtimes wrote: »
    have you any links to this or any further information?

    http://www.irishstatutebook.ie/eli/2016/act/4/enacted/en/pdf

    Was commenced recently.


  • #5
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    L1011 wrote: »
    http://www.irishstatutebook.ie/eli/2016/act/4/enacted/en/pdf

    Was commenced recently.

    interesting-

    Convictions which may be regarded as spent in certain circumstances

    5
    (2)
    (d) the person shall have served or otherwise undergone or complied with any
    sentence imposed, or order made by the court in dealing with the person in
    respect of the conviction concerned.

    Would this mean then that if the person is in court for non payment of a fixed penalty, is then fined by the court, pays the fine,the conviction is spent and doesn't appear on their record


  • #6
    L1011
    Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    lifeandtimes wrote: »
    interesting-

    Convictions which may be regarded as spent in certain circumstances

    5
    (2)
    (d) the person shall have served or otherwise undergone or complied with any
    sentence imposed, or order made by the court in dealing with the person in
    respect of the conviction concerned.

    Would this mean then that if the person is in court for non payment of a fixed penalty, is then fined by the court, pays the fine,the conviction is spent and doesn't appear on their record

    After 7 years.

    Also only applies to one conviction except for a small list of offences (mainly road traffic and alcohol related) which are not limited to one


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