criminal record

wishmaster200 wrote: »

can any1 tell me how long a criminal record stays with you. i have this friend who got a assault charge in 2006 just wondering how long it stays with him before the slate is wiped clean

Under Irish law the slate is NEVER wiped clean, there is no legal process by which a conviction can be deemed spent.

delw wrote: »

Yes any potential employer can do a back round check AFAIK,iv had it done twice, for the airport & for a CE scheme
They used to only go back four years but not sure now

Very few employers can do a criminal record check, usually only in places like the airport where security is an issue or if you are going to be working with kids/vulnerable adults.

cruiser178 wrote: »

Recently i needed my garda vetting for a fas/solas course im currently on. The garda vetting was for work placement. When the garda vetting came back it was, lets say colourful. Nothing more serious then few public order acts(drunk) also caught with hash(personal use, just a few joints)and few motoring offences, all of which happened way back in the 90's, the last millennium. I got grilled by fas because of it asking me in detail about each offence. I then had to go to the work placement I was trying to get into and explain myself again, thank god they were very understanding a gave me a chance, im still there today.


I understand if someone has serious offence's against them and are trying to get work around venerable people but minor offence's should not go against you for the rest of your life.


This article is an interesting read and opens the flood gates on the whole garda vetting. http://www.independent.ie/irish-news/courts/woman-settles-case-against-state-over-her-garda-vetting-30041897.html

seen that article,i myself am having similar issues,have been trouble free since the start of 2009 yet because of a few minor mishaps in my life i'm forever f**ked (well for now at least)

Vision of Disorder wrote: »

But yours didn't go against you. The group involved discussed them with you, weighed up the person you are today against the 'indiscretions' of your past and went with you after careful consideration. Which sounds pretty reasonable to me to be completely honest.

lets hope i'm offered the same chance to show i'm not the person of many years ago,i made my mistakes,repaid my debt to society and have NOT reoffended since,but on paper i'll always be a con for now anyways

Vision of Disorder wrote: »

I would hope you will be afforded the same opportunities too and wish you the best of luck with that. I don't personally have a problem with there being some record of whatever you did before though. Not all positions will take much interest in your past criminality anyway surely?



That's an employers right though surely? I hire people in my current role and throw lots of CVs into bins. I wouldn't disqualify somebody based on a long-ago, minor conviction though. If somebody else running a business chooses to however that's their call to make. In your case they would probably be shooting themselves in the foot as you come across here as a thoroughly decent sort of individual anyway.

thanks for that OP,there is a job in the pipeline but how long the employer will standby me is the thing,its all about getting garda clearance for the position as it occasionally involves work with under 18's,it was a short horrible period I went though in my life,thankfully I came out the otherside of it a better person and the employer sees that too.

McNulty737 wrote: »

As it stands I think (and I could be wrong), that a maximum of two convictions is still the proposed limit. Various groups and politicians are lobbying to have this amended however. Check out http://www.iprt.ie/ for up to date information regarding the bill.

ihave done my homework on that subject and you are 100% correct,however it should be changed.

McNulty737 wrote: »

I think first of all we just need to get the bill passed into law and then hopefully it can be amended after that to help more people.

Lets hope shatter keeps his word,its been in the pipeline since 2007 i think

Most vetting procedures are ‘triggered’ because you will be in contact with children and/or vulnerable persons.

Currently, the Vetting Bureau will check through the pulse system and look at your criminal record.

“criminal record”, in relation to a person, means—

(a) a record of the person’s convictions, whether within or outside the State, for any criminal offences, together with any ancillary or consequential orders made pursuant to the convictions concerned, or

(b) a record of any prosecutions pending against the person, whether within or outside the State, for any criminal offence, or both;

Even if you committed a driving offence 25 years ago, that will still show up today whether you are applying for a driving job or a desk job. The question is: how relevant is the conviction to the position they are applying for today?

At the moment, the Vetting Bureau does not make a decision on which convictions to disclose in respect of the position you are applying for – they disclose everything and let the employer/voluntary agency make the decision.

But what is on the cards is for the Vetting Bureau to start making decisions when it comes to specified information.

“specified information”, in relation to a person who is the subject of an application for vetting disclosure, means information concerning a finding or allegation of harm to, or neglect of, a child or vulnerable person that is received by the Bureau from—

(a) the Garda Síochána pursuant to an investigation of an offence or pursuant to any other function conferred on the Garda Síochána by or under any enactment or the common law, or

(b) a scheduled organisation pursuant to subsection (1) or (2) of section 19, in respect of the person and which is of such a nature as to reasonably give rise to a bona fide concern that the person may—

(i) harm any child or vulnerable person,
(ii) cause any child or vulnerable person to be harmed,
(iii) put any child or vulnerable person at risk of harm,
(iv) attempt to harm any child or vulnerable person, or
(v) incite another person to harm any child or vulnerable person;

So even an allegation could potentially be used against you.

If the Vetting Bureau decided to disclose any specified information they must notify you first (you would have 14 days to appeal). The sources of this specified information can come from the new Child and Family Agency, the HSE, and, of course, the Garda Síochána.

Holsten wrote: »

Vetting currently also shows all unsuccessful prosecutions.

So if you are acquitted or found not guilty that still shows up.

Which is complete BS