Section 3 assault

Daynamite

Hi

I never post on here but thought someone might be able to help with my situation.

I'll give you a bit of history first, please don't judge, I deeply regret the stupid things I did in my youth and have already paid the price for my actions in so many ways.

When I was sixteen almost seventeen I assaulted a woman with a beer bottle, I hit her on the head with it which resulted in her having a two inch cut on her forehead just below the hairline.
I was extremely drunk when this happened and barely remember doing it, the woman in particular was not a stranger, members of her family and my own family had issues for a couple of years, not that I'm excusing what I did or anything.

So a year past, my court day came when I had just turned eighteen and I was sentenced to twelve months in the female section of mount joy prison.
I was released after serving two months, I was then on temporary release for the remainder of my sentence.

As a young teenage girl I got into quite a lot of trouble with gardai, I drank to much, I got a couple of convictions for public order, after my prison sentence I never got into any trouble again, I didn't speak to people I used to know and just got on with my life.

Now ten years later I'm very content with my life, I have a partner and two kids I adore, I have a cleaning job which I'm happy with, my boss has offered me another cleaning job in a nursing home that will obviously require gardai vetting, I don't want to say yes and then my boss knowing my past that I'm extremely ashamed of.

I would love to take this job but know that I most likely can't, I suppose I'm wondering if my convictions will show up, it has been over ten years now, does a section three assault conviction mean that I could never work with vulnerable people or am I mistaken?

Does my record ever clear?

Is there any way I could accept this job or should I just accept I can't and forget about it?

Sorry if this post is long just wanted to give the whole picture.

PS. I'm not sure if it's in the right section as I'm not used to using boards so apologies for that also.

Samuel T. Cogley

It may show up on Garda vetting but the Spent Convictions legislation means you no longer have to declare it. Oddly though part of the spent convictions legislation is you needed to be 18. Some one will no doubt be along to correct me and give you a proper steer.

Daynamite

Thanks for reply Samuel, ya I figure it will show up aswell, I guess your the only one going to reply then.......

Samuel T. Cogley

Daynamite wrote: »

Thanks for reply Samuel, ya I figure it will show up aswell, I guess your the only one going to reply then.......

Weekend - Rugby on. People are very nice (and more knowledgeable than I) in this forum so give them a bit of time.

One thing that does strike me is this happened when you were 17 - that might have bearing.

Dagny27

It is unlikely that it would appear in the vetting disclosure, as based on your explanation, you meet all the conditions for the conviction to be automatically expunged from your record. More info on this here under 'Spent convictions': http://www.citizensinformation.ie/en/justice/children_and_young_offenders/children_and_the_criminal_justice_system_in_ireland.html

boardsuser1

In relation to non fatal offences against the person act 1997 of which section 3 assault comes under, it never clears.

I myself have convictions for section 2 assault, these are over 10 years old, i was vetted last year for a job, while my other convictions were not disclosed, the assault convictions were.

Dagny27

But did you commit these offences as a minor like the OP?

boardsuser1

Dagny27 wrote: »

But did you commit these offences as a minor like the OP?

1 of them when i was 17, the case didn't get to court until i was 18 and a conviction handed down, which i found very unfair as it was committed as a minor.

The second conviction was handed out as a result of hearing the first after i pleaded guilty,My solicitor tried for the probation act as it was actually my first offence as an adult and it was refused, my appeal was rejected in both cases.

Now 2 convictions for assault.

Life goes on.

When i was in care as a teenager i had a number of juvenile convictions that were committed and dealt with before the turn of 18, under the childrens act 2001 these were never seen again.

Has the OP looked into that act?

http://www.irishstatutebook.ie/eli/2001/act/24/section/258/enacted/en/html#sec258

the sheriff is HERE

First off OP well done on turning your situation around.

You were a child when the offence was committed, you were convicted as a adult,done your time and as you've shown it gave you a better outlook on life now.

Go for the job you're a shoe in for it if your manager wants to give it to you.

That offence shouldn't come up, but if it does say what you said here, I was a tearaway and misused drink as a teen.

Common sense should prevail.

Mark25

Cork Truck Driver wrote: »

1 of them when i was 17, the case didn't get to court until i was 18 and a conviction handed down, which i found very unfair as it was committed as a minor.

The second conviction was handed out as a result of hearing the first after i pleaded guilty,My solicitor tried for the probation act as it was actually my first offence as an adult and it was refused, my appeal was rejected in both cases.

Now 2 convictions for assault.

Life goes on.

When i was in care as a teenager i had a number of juvenile convictions that were committed and dealt with before the turn of 18, under the childrens act 2001 these were never seen again.

Has the OP looked into that act?

http://www.irishstatutebook.ie/eli/2001/act/24/section/258/enacted/en/html#sec258

From that it seems like the conviction won't be disclosed for the OP which is great for her.

Interested in this as am unfortunately in a worse situation than the OP. Got 2 years for Section 3 Assault - was over 18 and more recent.

Truck Driver - where did you see about Non Fatal Offences axt being excluded from the Spent Convictions Act? I read the Citizens Advice page and it didn't specifically mention that.

It did say though that you could only have one conviction for it to be treated as "spent"

As it is now my convictions will never be spent but they might change the rules in a ew years. Hope so.

Daynamite

Just to add I was a minor when the offence was committed but it was adjourned a couple of times so I was eighteen when I was convicted, very similar to cork Truck drivers situation, I think that's my downfall here and it does seem unfair but that's just the way it is I suppose.

GM228

Age at time of conviction is irrelevant, age at time of the offence however is.

Any offence (with exception to those tried in the HC) committed by a under 18 year old is spent after 3 years of the finding of guilt provided they have not committed any other offence within 3 years of the finding of guilt.

Other than an offence tried in the HC there are no other exemptions to this.

Dagny27 wrote: »

It is unlikely that it would appear in the vetting disclosure, as based on your explanation, you meet all the conditions for the conviction to be automatically expunged from your record. More info on this here under 'Spent convictions': http://www.citizensinformation.ie/en/justice/children_and_young_offenders/children_and_the_criminal_justice_system_in_ireland.html

In relation to spent convictions it should be noted that (other than an under 18 offence as outlined above) the provisions of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 do not apply to Garda vetting under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an offence which may ordinarily be spent under the 2016 Act will be disclosed unless covered under the administrative filter, a S3 assault is not exempted by the filter and is disclosed.

smurfymurphy

Mark 25 for you assault 3 charge was yours 2 years suspended and how old was you at the time. Going through an ordeal at the moment with my son. Looks like it will be assault 3. Not gone to DPP yet. So we have a long long road ahead.