Drink driving conviction 21 years ago

Neasa1

If you had been convicted of drink driving early 2000's (just barely over the limit, 3 month loss of licence) would it still be on your record?

squidgainz

There's a declaration for getting insurance anyways.

Esel

https://www.boards.ie/discussion/comment/120263202#Comment_120263202

Nowadays, you just have to truthfully answer the questions that the insurance company are permitted to ask.

Neasa1

Nothing to do with insurance

dtothebtotheh

Any convictions will be still on your record as far as I know, there doesn’t seem to be a process for removal after a certain number of years.

Buddy Bubs

It's a spent conviction which means it's not held against you in the eyes of the law. I'm sure there's a record of it somewhere though but legally it's as if it didnt happen.

However, I suppose it could be brought up and used against you if you ran for election in a public role like they did with the minister for agriculture a few years back, of somebody knew about it or where to find it

Definitely doesn't affect insurance and wouldn't stop you traveling to other countries

squidgainz

https://www.boards.ie/discussion/comment/120263553#Comment_120263553

And they ask you have you any driving related convictions.

squidgainz

https://www.boards.ie/discussion/comment/120263753#Comment_120263753

It does effect your insurance.

Yes. Convictions don’t disappear.

rolling boh

It would still be on your driver file so would come against you if you were up again for it as far as I know .I think all insurance companies ask if you have ever been convicted after the usual five year question .To keep things legal you will have to answer truthfully.

NUTLEY BOY

https://www.boards.ie/discussion/comment/120263753#Comment_120263753

Would that be according to Irish law or the law of the country that you are entering ?

Buddy Bubs

https://www.boards.ie/discussion/comment/120263846#Comment_120263846

Not after 21 years it doesn't. My insurance is about 350 euro and I had a conviction many many years ago which I don't have to declare anymore. 7 years I think is the cutoff point when it is considered spent.

Buddy Bubs

https://www.boards.ie/discussion/comment/120264439#Comment_120264439

Irish would be all I know of.

Lenar3556

https://www.boards.ie/discussion/comment/120264497#Comment_120264497

As long as you comprehensively answer any questions that are put to you when you are taking out the policy.

If you are asked about motoring convictions and you fail to mention one from 21 years ago, you may have an issue in the event of a claim, if the fact subsequently comes to light.

The risk impact of a conviction from 21 years ago is probably quite small, as evidenced by your low premium.

L1011

You are not required to disclose spent convictions. They effectively do not exist anymore

foxsake

https://www.boards.ie/discussion/comment/120264877#Comment_120264877

not exactly accurate but not a million miles away either

https://www.citizensinformation.ie/en/justice/criminal_law/spent_convictions.html

Spent conviction offences

The following convictions become spent after 7 years as long as you have complied with the sentence or order imposed:

All convictions in the District Court for motoring offences except for convictions for dangerous driving which are limited to a single conviction

All convictions in the District Court for minor public order offences

A single conviction (other than a motoring or public order offence) in the District Court or Circuit Court which resulted in a term of prison term of 12 months or less (or a fine)

The Act does not apply to any conviction for a sexual offence or an offence which was tried in the Central Criminal Court. These offences cannot become spent convictions.

Disclosing a spent conviction

In general, you do not have to disclose a spent conviction when supplying information on past convictions.

You must disclose spent convictions in the following situations:

In a Garda interview following your arrest in connection with the investigation of an offence

When applying to enter, or remain in the State

When applying for Irish citizenship

In an application or during an investigation under Part 3 of the Central Bank Reform Act 2010

In court proceedings in the circumstances set out in Section 7 of the Act

On any insurance or assurance proposal or form, if you have been convicted of fraud, deceit or dishonesty when making a claim

Applying for certain types of licences. These licences include public service vehicle, private security, taxi and firearms licences

The Irish spent convictions legislation cannot be used if you are required to disclose information about your criminal convictions to another state. You are subject to that country’s laws and may have to disclose such convictions.

Employment

In general, you do not have to disclose a spent conviction when you are looking for employment. However, you have to disclose any spent convictions if you are applying to work for certain bodies, such as:

The Garda Síochána

The Courts Service

Some Government departments

The list of bodies that you must disclose spent convictions to is given in Schedule 2 of the Act.

The non-disclosure regime under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 does not apply to employment relating to children or vulnerable adults. However, applicants for these roles must be Garda vetted and has its own non-disclosure regime.

ELM327

So it's pretty clear that "you do not have to disclose a spent conviction"

Except "On any insurance or assurance proposal or form, if you have been convicted of fraud, deceit or dishonesty when making a claim"

kirk.

https://www.boards.ie/discussion/comment/120264497#Comment_120264497

If they ask you have to say

Chances are if you omit the info they will check and cancel insurance if there's a claim

That's how they operate , they take the money and insurance investigator checks everything when there's a claim and they void the policy

Squatman

https://www.boards.ie/discussion/comment/120264998#Comment_120264998

You should inform citizens information of the erroneous information which they are sharing per the above post

jhegarty

I just checked on 123.ie and they ask "Have you ever received any convictions or have any prosecutions pending a court hearing? Please do not disclose convictions that are considered spent."

L1011

https://www.boards.ie/discussion/comment/120264998#Comment_120264998

No, there is no get out from the legislation for being asked in a different way.

You're wrong on this, no chances - not declaring a spent drink-driving conviction will have no affect

kirk.

https://www.boards.ie/discussion/comment/120265021#Comment_120265021

Dunno what you're saying

If they ask " ever had a conviction" you have to say

foxsake

https://www.boards.ie/discussion/comment/120265045#Comment_120265045

you don't if it's spend.

your phrasing of their question is worded wrong or they are asking for information they aren't entitled too.

L1011

https://www.boards.ie/discussion/comment/120265045#Comment_120265045

No, you don't; as the conviction is spent and no longer exists (for nearly all purposes including this)

There is no way they can just ask you differently to make the conviction suddenly unspent. They are not a body it needs to be declared to anymore.

rolling boh

Seems we need someone in a professional capacity to give the definitive answer on this one .

kirk.

https://www.boards.ie/discussion/comment/120265061#Comment_120265061

I must be wrong so

Was just working off the assumption you have to answer what they ask

Squatman

https://www.boards.ie/discussion/comment/120265172#Comment_120265172

No, just someone who can read

Squatman

https://www.boards.ie/discussion/comment/120265183#Comment_120265183

Within the limits to which you are bound.

rolling boh

https://www.boards.ie/discussion/comment/120265269#Comment_120265269

If companies were not permitted to ask that might settle the matter .

L1011

https://www.boards.ie/discussion/comment/120265362#Comment_120265362

The legislation changes what answer you can give to the same question; its not a matter of what/how the question is asked

"have you ever had any driving convictions" "no*" doesn't need the "*I did, but it/they are spent under legislation" explained. Or even mentioned.

Basically - they can ask whatever way they want. You do not have to tell them of any spent drink driving convictions as the limited reasons where you do have to do not apply. They cannot force you to tell them and cannot do anything about it.

Ish66

Quite a few ''Barstool Solicitors'' on here ! Like asking for legal advice down the pub FFS !

In the last 5 years is what we go by, Because that's what I do, Day in, Day out....Yawn.......