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Spent Conviction Bill

  • 05-04-2017 7:41pm
    #1
    Closed Accounts Posts: 200 ✭✭


    If you have a criminal conviction for lets say simple assault that has become spent after the 7 years has elapsed and you get a speeding ticket, then contest the ticket and get convicted, does that then mean you no longer have a spent assault conviction as it has become reinstated because of your new conviction?


Comments

  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 200 ✭✭slovakchick


    and in that scenario the speeding conviction will never become spent because it is a new conviction and only one previous conviction can become spent?
    This post has been deleted.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 200 ✭✭slovakchick


    Thats a peculiar criminal history to have if u were in that situation tks for your input
    That is pretty much the situation. You only get one free pass.


  • Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    This post has been deleted.

    I thought it was multiple minor convictions, just a single serious conviction?

    http://www.irishstatutebook.ie/eli/2016/act/4/section/5/enacted/en/html#sec5


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  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Do You Have to Tell Your Insurance Company When Insuring Your Car/ House that you have a Spent Conviction Record?


  • Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    I've asked about this before but not gotten a definitive answer, first, it depends on this:
    If you have been convicted of fraud, deceit or dishonesty in respect of a claim under a policy of insurance or a policy of assurance, you have to disclose that conviction on any insurance or assurance proposal or form.

    If the conviction isn't related to this, if they ask "Do you have any convictions?", you can say no if they are spent.

    If they ask "Have you ever been convicted of a crime?" - I'm unsure if you can say no if they are spent. I would hope you can say no.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Do You Have to Tell Your Insurance Company When Insuring Your Car/ House that you have a Spent Conviction Record?
    In general you don't have to disclose spent convictions, or the circumstances surrounding them. So, if you have a spent conviction, and you are asked if you have any convictions, or if you have ever been convicted, or if you have ever been charged or arrested, or anything along those lines, you can lawfully answer "no".

    But there are exceptions, and one of them relates to insurance. If you're applying for insurance (and this would include a situation where you are renewing insurance you already have) you have to disclose a conviction for fraud, deceit or dishonesty in respect of a claim under a policy of insurance, even if the conviction is spent. But you wouldn't have to disclose a spent conviction for, e.g., a motoring offence.


  • Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    Peregrinus wrote: »
    ..So, if you have a spent conviction, and you are asked if you have any convictions, or if you have ever been convicted, or if you have ever been charged or arrested, or anything along those lines, you can lawfully answer "no".
    ...

    If you were charged with something but it was struck out, would you still have to answer yesto the have you been arrested/charged question?


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