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Checking a persons criminal record

TheNoShow

Hi, I realise that this is a delicate matter but I thought I'd ask anyway.

Is it possible for me, as a private citizen, to check someones criminal record? The offenses I suspect, if it makes a difference, are of a sexual nature.

I can expand further if needs be but thought I'd keep it simple as possible.

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Little CuChulainn

Short answer is no. If you employ them then there is a way.

TheNoShow

Thanks very much

Chemical Byrne

Not officially, no.

But if you're friendly with any Gaurds they might be able to check for you.

I know a family member who was having awful trouble with missing reg cert for a car they bought and the tax office wouldn't give them any info on the previous owner due to data protection acts. My brother in law is well in with a Gaurd and when asked he was able to look it all up for her.

So, like anything, if you know the right people, it might be possible.

Mr. Incognito

Chemical Byrne wrote: »

Not officially, no.

But if you're friendly with any Gaurds they might be able to check for you.

I know a family member who was having awful trouble with missing reg cert for a car they bought and the tax office wouldn't give them any info on the previous owner due to data protection acts. My brother in law is well in with a Gaurd and when asked he was able to look it all up for her.

So, like anything, if you know the right people, it might be possible.

Those days are gone thanks to Sgt McCabe and thankfully so.

Graham

Chemical Byrne wrote: »

But if you're friendly with any Gaurds they might be able to check for you.

You'd be some 'friend' to ask someone to put their career on the line to answer your questions.

Little CuChulainn

Garda searches are now regularly audited. Looking up something you shouldn't could be the end of your job. It's also against the law to release it to a third party.

seamus

Little CuChulainn wrote: »

Short answer is no. If you employ them then there is a way.

Only certain classes of employers are entitled to run Garda checks on employees.

Your average company cannot check for a criminal record in Ireland. Though much of this information is publically available in court records and newspaper articles. So that's not to say that it's impossible to find out. I'm sure there are agencies who specialise in it.

Saipanne

A local was convicted of a sexual crime and his name is in quite a few news articles online.

GerardKeating

Graham wrote: »

You'd be some 'friend' to ask someone to put their career on the line to answer your questions.

And then to post it on Boards.IE where someone like Sgt McCabe might take an interest and follow up.

source

Op if the offences are of a sexual nature and there was a court case there would be public record of the outcome.

Check local and national media sources for the persons name. Google is your friend.

TheNoShow

The case was stricken from public record because of some "right to be forgotten" law due the the persons age at the time.

hullaballoo

In that case, it seems you have no legitimate reason for knowing the issues behind the case. It has been decided that the fact that the case took place, if it did take place, should be hidden from the public domain.

There is a reason why only certain agencies will be privy to this sort of information. Idle curiosity or gossip mongering are none of those.

Mourinho

If your hiring an employee would Garda Vetting be of an use here to the OP?

haveringchick

Mourinho wrote: »

If your hiring an employee would Garda Vetting be of an use here to the OP?

Only if the prospective employee will be working directly with children or vulnerable adults.

Andrea B.

"Only if the prospective employee will be working directly with children or vulnerable adults"
There is also another format employers use;
Contract of employment can state it necessary for emplyment, then form is given to employee to sign and sent to Garda. The form is sent back to employee by Garda and they then submit it to employer.

Graham

Andrea B. wrote: »

"Only if the prospective employee will be working directly with children or vulnerable adults"
There is also another format employers use;
Contract of employment can state it necessary for emplyment, then form is given to employee to sign and sent to Garda. The form is sent back to employee by Garda and they then submit it to employer.

Under section 4(13) of the Data Protection Act,s it is an offence for an employer to require an employee or prospective employee to make an access request related to their employment (an "enforced subject access request").

Source: http://www.dataprotection.ie/viewdoc.asp?m=&fn=/documents/guidance/EmployeeVettingGuidance.htm

haveringchick

Andrea B. wrote: »

"Only if the prospective employee will be working directly with children or vulnerable adults"
There is also another format employers use;
Contract of employment can state it necessary for emplyment, then form is given to employee to sign and sent to Garda. The form is sent back to employee by Garda and they then submit it to employer.

Nonsense.

Andrea B.

haveringchick wrote: »

Nonsense.

It is happenning.

Graham

Andrea B. wrote: »

It is happenning.

You should report anywhere that's suggesting it, the data protection commissioner would be a good starting place. A few high profile cases and the practice will soon stop.

My source as quoted above is the Data Protection Registrar, here's the same information direct from the statute:

(13) (a) A person shall not, in connection with—

(i) the recruitment of another person as an employee,

(ii) the continued employment of another person, or

(iii) a contract for the provision of services to him or her by another person,

require that other person—

(I) to make a request under subsection (1) of this section, or

(II) to supply him or her with data relating to that other person obtained as a result of such a request.

(b) A person who contravenes paragraph (a) of this subsection shall be guilty of an offence.”.

Source: http://www.irishstatutebook.ie/2003/en/act/pub/0006/sec0005.html

haveringchick

Andrea B. wrote: »

It is happenning.

Its not actually.

Graham

haveringchick wrote: »

Its not actually.

I read a newspaper article recently that suggests it is happening and the Gardai are receiving an increased number of subject access requests because of it.

Hopefully increased knowledge of the law will see a few of the offending companies taken to Court over the practice. A few high profile cases with substantial fines should stamp it out fairly quickly.

I would certainly have no hesitation reporting any company that forced access requests contrary to the legislation.

boombang

Not to hijack, but do the courts maintain fully accessible (even if only in paper form for consultation) records of who was convicted of what, when and where etc?

So, in principle if was able to consult every such court record over the last 30 years or so could I determine if somebody was convicted of a crime (in this state)?

Andrea B.

"Its not actually"

It is.

Graham

Andrea B. wrote: »

"Its not actually"

It is.

I don't doubt you for a second Andrea B, but it is sometimes useful to be able to back up your position with some evidence, an opinion, anything along those lines.

Andrea B.

You will just have to take my word for it. To give you an example would be exposing the name of my employer. I will however assume and state for record that they belive they are totally compliant.

Graham

Andrea B. wrote: »

You will just have to take my word for it. To give you an example would be exposing the name of my employer. I will however assume and state for record that they belive they are totally compliant.

That's ok, I don't think anyone would expect you to name them here.

If you haven't already, you could point your employer in the direction of the legislation, have a quiet word with your data protection officer or report the activity to the DPC.

kravmaga

Chemical Byrne wrote: »

Not officially, no.

But if you're friendly with any Gaurds they might be able to check for you.

I know a family member who was having awful trouble with missing reg cert for a car they bought and the tax office wouldn't give them any info on the previous owner due to data protection acts. My brother in law is well in with a Gaurd and when asked he was able to look it all up for her.

So, like anything, if you know the right people, it might be possible.

eh thats not good advice to be giving on here, you know a Garda is logged on an audit trail now on Pulse, reasons have to be given for searching CRO details, those days are gone now.

Its would also be a breach of the Data Protection Act and a complaint could be made against said Garda to GSOC if any criminal record details were leaked to a civilian by a member of AGS.

As a previous poster said the only way is if the individual was being vetted for a job which required security background check through the Garda Vetting Office in Tipperary

haveringchick

Andrea B. wrote: »

You will just have to take my word for it. To give you an example would be exposing the name of my employer. I will however assume and state for record that they belive they are totally compliant.

And a serving Gardai complied with your prospective employers demand? What happened when you reported the Gardai for breaking the law? And the employer?

Andrea B.

haveringchick wrote: »

And a serving Gardai complied with your prospective employers demand? What happened when you reported the Gardai for breaking the law? And the employer?

From the info I have given; how have the Gardai broken the law?

ArseBurger

Andrea B. wrote: »

You will just have to take my word for it. To give you an example would be exposing the name of my employer. I will however assume and state for record that they belive they are totally compliant.

So, you are aware that your employer is breaking the law and potentially infringing upon individuals rights to data protection and privacy. Yet haven't raised this internally or to the authorities?

Are you aware of Corporate Governance as 'a thing'? It doesn't really matter if you are or aren't though. But if I were you I would look it up.