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Spent convictions and garda vetting

  • 06-10-2018 10:11pm
    #1
    Registered Users, Registered Users 2 Posts: 57 ✭✭


    Quick question guys,

    I have a number or previous convictions listed below


    2010

    Threatening/abusive/insulting behaviour in a public place
    Fine €100
    Failure to comply with direction of member of garda siochana
    Fine €100

    2008

    Threatening/abusive/insulting behaviour in a public place
    Fine €50
    Failure to comply with direction of member of garda siochana
    Fine €50
    Intoxication in a public place
    Fine €50

    2008

    Drunk in charge of a vehicle
    Fine €400 and 1 year disqualification



    I have two questions

    1. Are these covered by the spent convictions act

    2. Will they show when a potential employer does the garda vetting process


Comments

  • Registered Users, Registered Users 2 Posts: 57 ✭✭Wills21


    Anyone have any ideas? Even where I could go to find out?

    I am hoping to join a flight school at a significant expense and I am worried after training that I will find it difficult to get employed with them convictions


  • Closed Accounts Posts: 84 ✭✭MagicThree18


    Wills21 wrote: »
    Anyone have any ideas? Even where I could go to find out?

    I am hoping to join a flight school at a significant expense and I am worried after training that I will find it difficult to get employed with them convictions

    Read the legislation.


  • Registered Users, Registered Users 2 Posts: 548 ✭✭✭Commanchie


    No they arent spent. They will show under garda vetting.


  • Registered Users, Registered Users 2 Posts: 27,258 ✭✭✭✭Peregrinus


    Assuming all your convictions were incurred in the District Court (which is likely) and assuming you paid all the fines and served the disqualification, these will be spent convictions.

    Even though spent, they still need to be disclosed if you are applying for certain kinds of licence, but I don't think a commercial pilot's licence is one of them.

    If you're applying for a job in another country, whether your convictions are spent or whether they need to be disclosed is decided by the laws of that country, not the laws of Ireland. So if you are thinking of working abroad you may want to look into the spent convictions legislation of other countries that you might work in.


  • Registered Users, Registered Users 2 Posts: 78,647 ✭✭✭✭Victor


    Peregrinus wrote: »
    Assuming all your convictions were incurred in the District Court (which is likely) and assuming you paid all the fines and served the disqualification, these will be spent convictions.
    I thought (not something I've studied) there was a limit to the number of convictions that could be considered spent.


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  • Registered Users, Registered Users 2 Posts: 8 OnandUpwards


    I only have 1 conviction for drink driving


  • Registered Users, Registered Users 2 Posts: 8 OnandUpwards


    Do I need to declare it to the law society though? Do the Irish law society do background checks for convictions in England?


  • Registered Users, Registered Users 2 Posts: 27,258 ✭✭✭✭Peregrinus


    Victor wrote: »
    I thought (not something I've studied) there was a limit to the number of convictions that could be considered spent.
    For most offences, only a single conviction can be regarded as spent. However under s. 5(6) there is a class of offences for which multiple convictions can be regarded as spent; this class includes most minor road traffic and public order offences. The OP's convictions are within this class, except for his drunk-in-charge conviction, and he only has one of those. So, skin of the teeth, but I think he's OK.


  • Registered Users, Registered Users 2 Posts: 27,258 ✭✭✭✭Peregrinus


    Do I need to declare it to the law society though? Do the Irish law society do background checks for convictions in England?
    I don't think you have to disclose spent convictions to the Law Society. You would have to disclose foreign convictions, if asked, I think.


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