Criminal Records - Time Limits

dublinshane

What’s the situation here with regard to how long you have to declare criminal convictions. I know that in England there is a system where after a certain number of years after you were convicted you don’t have to declare them if you are asked about a criminal record. Is there such a thing here?

Also, if you are going abroad – thinking of the States here – you have to apply for a visa beforehand if you have a record. Do they actually have lists of people with criminal records or could you get away with not declaring it. This would only be for a holiday not going to work or live there.

dats_right

Unfortunately, in this jurisdiction there is no similar statute to the that of The Rehabilitation of Offenders Act that operates in the UK. What this means is that once a criminal conviction is recorded against you, then it is there for life. However, it really is up to you who you chose to divulge that information to as the vast majority of employers won't have access to that information.

As regards entry to the US, I know of numerous people who have entered with criminal convictions. I don't think they are that bothered about minor stuff. If I was you, I probably wouldn't even disclose that sort of information. But, that really is a matter for you and don't take what I have said as any sort of legal advice.

Superdub2

yep take it from me, you have nothing to lose from not disclosing it to anybody as if they find out they will act the same way they would have if you had disclosed it in the first place as it is completely reasonable for someone not to want to disclose such information..

... of course i am addressing people with "minor" offences!

dublinshane

I couldn't find anything similar to that Rehabilitation of Offenders Act that was mentioned here so I presumed that it was different here. I know I'm biased but it seems like a good idea that if you learn from your mistakes that you could have your slate wiped clean after a certain time.

On the travelling thing I'm tempted to keep quiet but am worried about the consequences if things went wrong. The main thing is assault causing harm and criminal damage so it's not minor but not huge either. I am just wondering if they have full access to records when you go through immigration (USA) or whatever.

Thanks for the info

Our man in Havana

They have no access to pulse so if you don't tell them they won't know. If you admit to it they will go off and talk to a garda at the airport who will lookup pulse and most probably tell the US immigration the facts.

Victor

AFAIK the language used on the immigration card by the Americans is "have you been convicted of a crime of moral turpitude - Yes/No". They won't be interested in you not paying the parking meter, but if you robbed a bank that would be 'of interest' to them.

If in doubt, a chat with an immigration lawyer might be useful.

NUTLEY BOY

Be aware if you have any convictions in England or Wales that the Rehabilitation of Offenders Act (1974 ?) does not apply to all offences.

ledzepplin

My son is at interview stage of garda recuitment and im worried sick,i was given 100 hours community service 10 years ago,does anyone know if this will effect his chances of getting in to the Garda,he doesnt know about this,id appreciate any input

dats_right

Whilst there is proposals to introduce legislation similar to the UK that will result in certain types of convictions becoming spent in Ireland, it has not been introduced yet and in any event it will not apply to gaining entry to the US.

If you wish to enter the US on the visa waiver programme, you are required to fill out Form I-94W which asks:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Unfortunately, OP marijuana/cannabis is a controlled substance and any conviction will preclude you from entering the US on the visa-waiver programme. Unless, where conviction is older than 15 years, it was simple possession of less than 30 grams and you apply succesfully to the relevant authorities. See rules below. I'm not sure how conviction is looked on for immigrant visas though.

http://www.state.gov/documents/organization/86945.pdf

http://www.state.gov/documents/organization/86942.pdf

http://en.wikipedia.org/wiki/Moral_turpitude