Garda Vetting - Never charged or convicted

Howdylimk

Hi, need Garda Vetting for a job, however I'm unsure if I actually have something that will show up or not. 21 years ago at 16 years of age I was caught stealing from a guest in our house. At the time I was young and stupid and staged it to look like a break in, obviously the Gardai at the time saw straight through my attempt to cover up my tracks and I admitted to stealing the money. I was never arrested or taken to a Garda station. My prints were taken but I was told that was to eliminate me from other robberies in the area at the time. My mother at the time got a local councillor to have a word with the Gardai plu the local Guard pulled a few strings and they agreed to not take things any further. They said they were being extremely lenient and the Sergeant gave a right telling off over the phone. I got such a fright at the time I never had as much as speeding ticket since. Question is will this possibly show up during the vetting process, am I best to disclose it now? Thanks in advance

vg88

Howdylimk wrote: »

Hi, need Garda Vetting for a job, however I'm unsure if I actually have something that will show up or not. 21 years ago at 16 years of age I was caught stealing from a guest in our house. At the time I was young and stupid and staged it to look like a break in, obviously the Gardai at the time saw straight through my attempt to cover up my tracks and I admitted to stealing the money. I was never arrested or taken to a Garda station. My prints were taken but I was told that was to eliminate me from other robberies in the area at the time. My mother at the time got a local councillor to have a word with the Gardai plu the local Guard pulled a few strings and they agreed to not take things any further. They said they were being extremely lenient and the Sergeant gave a right telling off over the phone. I got such a fright at the time I never had as much as speeding ticket since. Question is will this possibly show up during the vetting process, am I best to disclose it now? Thanks in advance

Unless you got convicted in court, nothing will come up in the garda vetting.

If you have an adult caution or dismissed under the probation act this will not come up under garda vetting.

But as you stated, you were not charged so there isn't anything to worry about. You'll be grand, enjoy your new job

GM228

moloner4 wrote: »

Unless you got convicted in court, nothing will come up in the garda vetting.

Any pending cases also show on Garda vetting.

For Forks Sake

GM228 wrote: »

Any pending cases also show on Garda vetting.

Howdylimk wrote: »

21 years ago at 16 years of age I was caught stealing from a guest in our housee

Probably safe to assume there's no pending case at this stage.

GerardKeating

For Forks Sake wrote: »

Probably safe to assume there's no pending case at this stage.

Did they have "Pulse" 21 years ago ?

Arcade_Tryer

Slightly off topic, but how long do adult cautions remain on your record? As in how long do they work as a precedent in the event you receive a subsequent caution?

Fakediamond

GM228 wrote: »

Any pending cases also show on Garda vetting.

Pending cases don't show on Garda vetting, as we are innocent until proven guilty. The only time they might factor is in relation to working with vulnerable persons, where Gardai can flag to an employer that the person might be unsuitable to work with vulnerable adults/children. They'd have to have good reason to do this though.

GM228

Fakediamond wrote: »

Pending cases don't show on Garda vetting, as we are innocent until proven guilty. The only time they might factor is in relation to working with vulnerable persons, where Gardai can flag to an employer that the person might be unsuitable to work with vulnerable adults/children. They'd have to have good reason to do this though.

Yes they do. They are required by law to show your "criminal record" which by law includes your pending cases. They don't have any choice in the matter.

Fred Swanson

This post has been deleted.

Fakediamond

GM228 wrote: »

Yes they do. They are required by law to show your "criminal record" which by law includes your pending cases. They don't have any choice in the matter.

I stand corrected, but don't understand why you have to disclose a pending prosecution. If you're found not guilty, surely it's no longer an issu, so why should you have to disclose in advance of the Court adjudication? I mean you're probably not going to get a job if you disclose that you have a pending case for drugs/assault/murder, even though you might be exonerated at a later time!

Fred Swanson

This post has been deleted.

Fakediamond

Fred Swanson wrote: »

This post has been deleted.

Disclose to who? What kind of system allows a State authority to disclose such sensitive information about us, without any basis in fact (as understood in legal terms)! I know that Gardai can disclose "soft" information to an employer , if the employee will be working with vulnerable people, e.g. A childcare worker who may be reported to Tusla for inappropriate sexual behaviour in any setting, even if no prosecution takes place. But that is very different to a blanket disclosure to any employer regarding any potential prosecution. When and how did this pass into law?? And how come it's not widely known? It seems outrageous to me!

Arcade_Tryer

Fred Swanson wrote: »

This post has been deleted.

That's poor practice if true.

Anyone with enough time or money can take a court case against an individual just for the hell of it.

Fred Swanson

This post has been deleted.

GM228

Fred Swanson wrote: »

I believe they also disclose unsuccessful prosecutions also.

They still do in certain circumstances, see below.

Fakediamond wrote: »

Disclose to who? What kind of system allows a State authority to disclose such sensitive information about us, without any basis in fact (as understood in legal terms)! I know that Gardai can disclose "soft" information to an employer , if the employee will be working with vulnerable people, e.g. A childcare worker who may be reported to Tusla for inappropriate sexual behaviour in any setting, even if no prosecution takes place. But that is very different to a blanket disclosure to any employer regarding any potential prosecution. When and how did this pass into law?? And how come it's not widely known? It seems outrageous to me!

The relevant law was enacted in 2012 but only commenced this year in April, before that there wasn't any specific laws on vetting, just agreed procedures.

All vettings:-
Full Criminal Record must be disclosed (which includes any pending prosecutions) subject to the provisions of The Criminal Justice (Spent Conversations and Certain Disclosures) Act 2016.

Additional rules for vetting for people who may be working with children and vulnerable people:-
The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 does not apply to vetting for job positions with children or vulnerable people, however minor convictions for motoring offences and certain minor public order offences are not shown on vetting after 7 years under the Garda Vetting Filter provisions.

Unsuccessful prosecutions may be disclosed where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. In such circumstances the person being vetted must be notified that such information is being provided in their report.

carzony

GM228 wrote: »

Unsuccessful prosecutions may be disclosed where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. In such circumstances the person being vetted must be notified that such information is being provided in their report.

Surely this would not include traffic related appearances in court? I could understand maybe drunk driving/dangerous driving though.

Things like no insurance,tax ect. could not be considered a danger to anyone..