Spent Convictions Bill Query

dakid · 24-10-2016 09:48PM #1

Hello,

In 2008 I was convicted of Drink Driving and disqualified for 3 years and a fine. On appeal my licence was reinstated in 2010. I also got an endorsement for 3 years from this date.

My query is with the Spent Convictions Bill if any insurance company asks me if I have ever had any motoring convictions do I have to tell them about this conviction even though by my understanding it is now spent (>7 years since conviction date).

I appreciate any replies and I hope I have not broken any rules with this post.

usernamegoes · 25-10-2016 07:22PM

Based on what you say above, it is spent and therefore does not require disclosure to insurance companies. If you have any other convictions then it won't be spent.

boardsuser1 · 25-10-2016 07:28PM

it won't be disclosed. I was convicted of dangerous driving in 2006, reduced to careless on appeal in 2008 (serious backlog).

When I was vetted last year it never showed up.

cml387 · 26-10-2016 08:22AM

If your insurance company asks a question like "Have you ever been disqualified from driving?" what will you answer?

Peregrinus · 26-10-2016 08:30AM

Under the spent convictions legislation, you don't have to disclose a spend conviction "or the circumstances ancillary thereto". The disqualification would be an ancillary circumstance. And you are entitled to regard questions seeking information about previous convictions or their circumstances as not applying to spent convictions.

There are some exceptions in the legislation - cases where you do have to disclose spent convictions. But so far as insurance applications go, the only exception relates to convictions for offences of fraud, deceit or dishonesty in relation to insurance claims - you do have to disclose convictions of that kind, even if they are spent convictions. But if you have a spent conviction for an ordinary motoring offence, you don't have to disclose that to an insurance company.

boardsuser1 · 26-10-2016 04:45PM

Peregrinus wrote: »

Under the spent convictions legislation, you don't have to disclose a spend conviction "or the circumstances ancillary thereto". The disqualification would be an ancillary circumstance. And you are entitled to regard questions seeking information about previous convictions or their circumstances as not applying to spent convictions.

There are some exceptions in the legislation - cases where you do have to disclose spent convictions. But so far as insurance applications go, the only exception relates to convictions for offences of fraud, deceit or dishonesty in relation to insurance claims - you do have to disclose convictions of that kind, even if they are spent convictions. But if you have a spent conviction for an ordinary motoring offence, you don't have to disclose that to an insurance company.

If it is spent, then it is to be treated as if it never existed. but take into consideration that were you to end up in court again and found guilty, then the court would be informed regardless. The whole point of that legislation is from an employment perspective.

dakid · 26-10-2016 07:10PM

Thanks all for your reply. Your answers correspond with my own research plus legal advise i have sought elsewhere.

Padraig1990 · 01-04-2017 07:45PM

does a spent conviction bill start from the day you were handed your conviction or when you won your appeal?

boardsuser1 · 01-04-2017 07:51PM

Padraig1990 wrote: »

does a spent conviction bill start from the day you were handed your conviction or when you won your appeal?

If you won your appeal there is no conviction

Padraig1990 · 01-04-2017 07:55PM

sorry i meant if you were given 3 yrs and appealed and only had to serve 2...so in this case does it apply from the coviction date or the end of your 2 yr conviction

boardsuser1 · 01-04-2017 07:59PM

Padraig1990 wrote: »

sorry i meant if you were given 3 yrs and appealed and only had to serve 2...so in this case does it apply from the coviction date or the end of your 2 yr conviction

The date the conviction was affirmed, i.e the date of the appeal, if the case was appealed.

Does your conviction qualify do you know?

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

Padraig1990 · 01-04-2017 08:02PM

from what i have read drink driving is...as this year would of been 5 years since i was summoned and convicted but only 3 yrs since i got my licence back so thats why i am curious as to when a spent conviction bill would come into effect...with regards car insurance it would make a massive difference

boardsuser1 · 01-04-2017 08:09PM

Padraig1990 wrote: »

from what i have read drink driving is...as this year would of been 5 years since i was summoned and convicted but only 3 yrs since i got my licence back so thats why i am curious as to when a spent conviction bill would come into effect...with regards car insurance it would make a massive difference

Whatever year the conviction or the appeal was,whichever was most recent, 7 years from then.

Padraig1990 · 01-04-2017 08:10PM

Thanks

please helpThank YOU · 06-04-2017 06:31PM

When Going To America Should I Tell Emigration I Have a Spent Conviction ?

Fred Swanson · 06-04-2017 11:01PM

This post has been deleted.

Peregrinus · 07-04-2017 01:13AM

Fred Swanson wrote: »

This post has been deleted.

Because no Act of the Oireachtas can alter the terms or operation of US law? Whether you are obliged to declare something when applying for a US visa or visa waiver depends on what US law requires, not what Irish law requires.

So far as I know, US law has no concept of "spent convictions", and the question asked in the context of visa applications is directed at all convictions (and indeed all arrests).

And, to add to that, there's s. 9(b) of the Irish Act; the legislation doesn't allow you to treat a conviction as spent where information is sought in relation to a matter being dealt with under the law of a state other than Ireland. So if you're applying for a visa under US law, the Irish legislation explicitly says that you can't treat your Irish convictions as spent.

usernamegoes · 07-04-2017 05:05PM

The US border agents will not have access to Irish criminal database. If you are going to tell them then you will need to go to the embassy before you travel if you tell them at the border you will be sent home.

readytosnap · 07-04-2017 05:16PM

please helpThank YOU wrote: »

When Going To America Should I Tell Emigration I Have a Spent Conviction ?

I have a relative who was in prison for 3 years back in the 90's. He went to USA 3 years ago (first time) and never mentioned his conviction, he got his esta and was allowed into the States with no issues.

Really Interested · 08-04-2017 11:02AM

readytosnap wrote: »

I have a relative who was in prison for 3 years back in the 90's. He went to USA 3 years ago (first time) and never mentioned his conviction, he got his esta and was allowed into the States with no issues.

So your cousin lied on a ESTA application and broke US immigration law.

slovakchick · 08-04-2017 11:04AM

Why would you do such a silly thing?

Really Interested wrote: »

So your cousin lied on a ESTA application and broke US immigration law.

readytosnap · 08-04-2017 12:35PM

Really Interested wrote: »

So your cousin lied on a ESTA application and broke US immigration law.

Maybe he did, I didn't fill out the ESTA for him, do you want his address so you can call up and ask him?

Really Interested · 08-04-2017 12:42PM

readytosnap wrote: »

Maybe he did, I didn't fill out the ESTA for him, do you want his address so you can call up and ask him?

Did I ask for it, I simply made an observation, did I make any comment good bad or indeferent. It's not my problem if any person has issues with immigration in another state.

But it's not advisable to lie to immigration as coming clean will often lead to a visa.

slovakchick · 08-04-2017 12:47PM

Have u anything you can post here to back this up in regards to US immigration?

Really Interested wrote: »

Did I ask for it, I simply made an observation, did I make any comment good bad or indeferent. It's not my problem if any person has issues with immigration in another state.

But it's not advisable to lie to immigration as coming clean will often lead to a visa.

Really Interested · 08-04-2017 12:56PM

slovakchick wrote: »

Have u anything you can post here to back this up in regards to US immigration?

What do you want to be backed up.

But in relation to coming clean

"If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa. In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States."

https://ie.usembassy.gov/visas/ineligibilities-and-waivers/arrest-caution-conviction/

As you see it says may.

slovakchick · 08-04-2017 01:05PM

Im talking about people you know or have read about who were allowed into the USA after declaring a criminal record

Really Interested wrote: »

What do you want to be backed up.

But in relation to coming clean

"If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa. In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States."

https://ie.usembassy.gov/visas/ineligibilities-and-waivers/arrest-caution-conviction/

As you see it says may.

Really Interested · 08-04-2017 01:14PM

slovakchick wrote: »

Im talking about people you know or have read about who were allowed into the USA after declaring a criminal record

I know of people with minor convictions who got visa.

I am not aware of any person with convictions getting long term visas.

slovakchick · 08-04-2017 01:17PM

They declared a criminal history and still got a visa? What sort of visa?

Really Interested wrote: »

I know of people with minor convictions who got visa.

I am not aware of any person with convictions getting long term visas.

Really Interested · 08-04-2017 01:18PM

slovakchick wrote: »

They declared a criminal history and still got a visa? What sort of visa?

Travel visa as I said not long term.

slovakchick · 08-04-2017 01:22PM

Really Interested wrote: »

Travel visa as I said not long term.

Speeding convictions?

Really Interested · 08-04-2017 01:26PM

slovakchick wrote: »

Speeding convictions?

A speeding conviction is not one of moral terpitude so in the opinion of the US Supreme Court does not need to be disclosed and a ESTA can be applied for.

Spent Convictions Bill Query

Comments