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Criminal record or?

  • 14-03-2018 04:45PM
    #1
    sweetnsour00
    Registered Users, Registered Users 2 Posts: 2 ✭


    After having a number of clashes with the law over a reckless period in my youth, I am now worried about the potential drawback from so.

    I was never sentenced, was fined and availed of probation service for offences.

    I am now needing garda clearance and sought garda assistance prior to see what was on file and was told there are several charges to my name. I was under the belief that non custodial sentences avoided penalty???

    I am confused and receiving conflicting advice and I'm still left with wondering whether I am a convict?

    Feedback would be greatly appreciated and sorry for the longish post.

    Cheers


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,807 Admin ✭✭✭✭✭hullaballoo


    Fines are levied upon conviction only.

    Courts do not have jurisdiction to impose a fine in the absence of a conviction.

    However, of note is that some judges prefer to avoid handing down convictions if money is paid to the poor box.

    Also of note is that Garda record keeping in relation to convictions, particularly minor ones, is not particularly reliable. At the same time, they are the only people who can tell you what your record is.

    Certain convictions are capable of being spent after a period of time and therefore should be removed from your record.


  • #3
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Make a data access request as to your criminal history- where they are older records see if the spent convictions bill applies.


  • #4
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp


    Mr. Incognito wrote: »
    Make a data access request as to your criminal history- where they are older records see if the spent convictions bill applies.

    Does the spent convictions bill only apply to one conviction?


  • #5
    sweetnsour00
    Registered Users, Registered Users 2 Posts: 2 ✭sweetnsour00


    As far as the garda vetting information is concerned, would an employer be receiving whats on the database or what's readily available on file ?

    Does every charge before the courts equate to a conviction asides the poor box?

    Most convictions except at the extreme end of severity are spent 7 years after last court hearing provided you are not in further dealings with the law in the meantime as far as Im aware.


  • #6
    Doctors room ghost
    Registered Users, Registered Users 2 Posts: 4,844 ✭✭✭Doctors room ghost


    I asked a guard a question re this before and he said that any conviction no matter how small is with you for life.can anyone clarify this?in his opinion a 20 year old drunk and disorderly conviction as a once off conviction with no further contact with the law still had to be declared on a garda clearance form?was he correct


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  • #7
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Doctors room ghost wrote: »
    I asked a guard a question re this before and he said that any conviction no matter how small is with you for life.can anyone clarify this?in his opinion a 20 year old drunk and disorderly conviction as a once off conviction with no further contact with the law still had to be declared on a garda clearance form?was he correct

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

    Not any more


  • #8
    Lmklad
    Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    Mr. Incognito wrote: »
    Doctors room ghost wrote: »
    I asked a guard a question re this before and he said that any conviction no matter how small is with you for life.can anyone clarify this?in his opinion a 20 year old drunk and disorderly conviction as a once off conviction with no further contact with the law still had to be declared on a garda clearance form?was he correct

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

    Not any more

    Not any more for certain convictions. Not all.


  • #9
    laotg
    Registered Users, Registered Users 2 Posts: 130 ✭✭laotg


    The Irish spent convictions legislation cannot be used to prevent disclosure when you are required to disclose information about your criminal convictions to another state, for example, the USA or Australia. You are subject to that country’s laws and may have to disclose such convictions.


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