Garda vetting/Administrative filter

Odie34

I have a query regarding the new administrative filter.

I have a previous conviction dating back to 2005 for a section 4 theft and was fined €300 in the district court. How can I find out if this is a summary or indictable offence?

I need to obtain Garda clearance for a job opening with st Vincent de Paul, do you know if I can avail of this or do I have to declare this conviction.

This conviction has previously stopped me from gaining employment…I really want this one!

dublin daz

If the case was disposed of in the district court then it was tried summarily and not on indictment.

Here is how the filter works:

http://www.garda.ie/Documents/User/Garda%20Vetting%20Procedures%20-Aministration%20Filter.pdf

Odie34

Thanks Dublin daz

I was trying to research it online but it's a mind field out there.

I could always ask the detective in charge of the case as I don't want to put down I've no convictions and then for it to be returned saying I have. I have already started work and don't want to lose it over something stupid 😕 I done years ago.(deeply regret it)
Cheers 😄

dublin daz

Grand and best of luck in the job. Usually they ask you to confirm a return if you said no and something did come up. I dont know how that looks from their (employers) perspective but I get you want to be up front and frank.

You could ask for a Police Certificate perhaps, that will list convictions - if any too. Not sure of the correlation between that and the official vetting though - I know that the cert never showed failed prosecutions whereas the vetting did etc.

You could also ring the vetting office in Tipperary - the offence will always be recorded its the disclosure policy that has changed so the detective will still see the court outcome regardless of whether or not that is disclosed as part of the vetting process so be sure to clarify that. mention the admin filter and whether it applies to the entry for the particular conviction. The wording seems to give the GCVU discretion on disclosure.

I would imagine this being a minor offence of more than seven years ago it would not be disclosed as per the policy document I attached earlier - its a property offence you have whereas the policy seems more concerned with assault to the person.

Best of luck.

Odie34

Just a quick update…I got the job 😄 when filling out my garda vetting the conviction had to be declared regardless of the admin filter. Went to manager and explained about my conviction, she was very understanding and told me that regardless of it she was willing to give me a second chance. So honesty does pay.
Delighted with myself it's been a while since I've worked 😊

pillphil

Odie34 wrote: »

Just a quick update…I got the job 😄 when filling out my garda vetting the conviction had to be declared regardless of the admin filter. Went to manager and explained about my conviction, she was very understanding and told me that regardless of it she was willing to give me a second chance. So honesty does pay.
Delighted with myself it's been a while since I've worked 😊

Sorry for digging up an old thread, but can that be right? It would kind of defeat the purpose of the filter, wouldn't it?

Odie34

pillphil wrote: »

Sorry for digging up an old thread, but can that be right? It would kind of defeat the purpose of the filter, wouldn't it?

Ye thought that myself but rang the Garda vetting unit and they told me it still had to be declared on form. So to me it totally defeats the purpose 😟

Little CuChulainn

The administrative filter is just about what goes on your form. It doesn't eliminate your conviction. If you are specifically asked about convictions for a job or visa you still must declare them.

pillphil

Little CuChulainn wrote: »

The administrative filter is just about what goes on your form. It doesn't eliminate your conviction. If you are specifically asked about convictions for a job or visa you still must declare them.

So what's the point of the filter then?

Little CuChulainn

pillphil wrote: »

So what's the point of the filter then?

Because many employers are happy to rely on vetting alone. It's only a filler until spent conviction legislation is brought in.

boardsuser1

what happens if the same theft offence reached the circuit court,is that still eligible?the reason I ask is because another conviction for a traffic offence which reached the circuit court and is over 7 years old now no longer shows up,just wondering is it the same in this case

Little CuChulainn

KC161 wrote: »

what happens if the same theft offence reached the circuit court,is that still eligible?the reason I ask is because another conviction for a traffic offence which reached the circuit court and is over 7 years old now no longer shows up,just wondering is it the same in this case

I'd say it depends on why it reached the circuit court.

boardsuser1

Little CuChulainn wrote: »

I'd say it depends on why it reached the circuit court.

it was part of 3 charges in total,i said if offence one was withdrawn i'd plead guilty to 2 and 3,the district court said no so it was sent to the circuit court,the DPP agreed to drop charge 1 so I entered a guilty plea on 2 and 3,got a 6 month suspended sentence for theft (2) and handling stolen property (3) which was the last charge was taken into consideration,i didn't appeal that ruling this was almost 6 years ago

boardsuser1

Anyone?

Little CuChulainn

I don't think it would be filtered because there are two similar convictions and you weren't convicted in the district court.

boardsuser1

Little CuChulainn wrote: »

I don't think it would be filtered because there are two similar convictions and you weren't convicted in the district court.

The 2 convictions are classed as one AFAIK. No mention of circuit court convictions NOT qualifying for the filter

Little CuChulainn

KC161 wrote: »

The 2 convictions are classed as one AFAIK.

What makes you think that?

boardsuser1

Little CuChulainn wrote: »

What makes you think that?

From reading the bill before it was enacted

Little CuChulainn

KC161 wrote: »

From reading the bill before it was enacted

What Bill?

boardsuser1

Little CuChulainn wrote: »

What Bill?

Spent convictions bill. Those offences occured at the same time. The lesser was taken into consideration. for the purposes of the new law they will be treated as one offence unless it has been altered recently

Little CuChulainn

KC161 wrote: »

Spent convictions bill. Those offences occured at the same time. The lesser was taken into consideration. for the purposes of the new law they will be treated as one offence unless it has been altered recently

That has nothing to do with the administrative filter. The spent convictions bill hasn't been enacted.

boardsuser1

Little CuChulainn wrote: »

That has nothing to do with the administrative filter. The spent convictions bill hasn't been enacted.

Was all over the news last night.

Little CuChulainn

KC161 wrote: »

Was all over the news last night.

Ah right. Probably should start a new thread so. This one is about the administrative filter.

EDIT: A quick search indicates it still hasn't been signed into law.

boardsuser1

Little CuChulainn wrote: »

Ah right. Probably should start a new thread so. This one is about the administrative filter.

EDIT: A quick search indicates it still hasn't been signed into law.

Feckin government so using RTE to make themselves look good. Fcuk anyway

Little CuChulainn

KC161 wrote: »

Feckin government so using RTE to make themselves look good. Fcuk anyway

They did their part. It's up to Dobby to sign it into law now. A quick scan of the Bill seems to me to cover your own circumstances. Doesn;t appear to limit it to District court convictions.

boardsuser1

Little CuChulainn wrote: »

They did their part. It's up to Dobby to sign it into law now. A quick scan of the Bill seems to me to cover your own circumstances. Doesn;t appear to limit it to District court convictions.

Yeah i'm hopeful that in 12 months time i can be vetted for work and get through the vetting system. If,going by the 7 year rule is correct the above mentioned won't be released by May 2017. A previous road traffic matter didn't show up late last year so here's hoping the same will happen the rest

boardsuser1

Well today is the day 2 more of my convictions reach the 7 year mark.

I'm hoping as mentioned earlier in this thread that they won't appear for vetting purposes.

I submitted an application for a private security licence in November 2016 and the vetting still isn't back.

Would these convictions be declared now is the part that puzzles me.

I contacted the national vetting bureau earlier this week but the woman wasn't interested in offering any help with my query.