Thomas Pringle TD
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PQ: Certain convictions to be considered spent after 7 years when Act commences on April 29th

law and order

 

QUESTION NO: 345

DÁIL QUESTION addressed to the Minister for Justice and Equality (Deputy Frances Fitzgerald)
by Deputy Thomas Pringle
for WRITTEN on Wednesday, 6th April, 2016.
* To ask the Minister for Justice and Equality when the Spent Convictions Act commenced; the steps a person who wishes to have a conviction considered spent should take; and if she will make a statement on the matter.

– Thomas Pringle
REPLY.
It is intended to commence the Spent Convictions Bill from 29th April 2016. The effect of the Act will be that where persons are applying for employment, (other than employment which is exempt from the provisions of the Act), the person will not be obliged to disclose certain convictions which are over 7 years old. In accordance with the provisions of the Act the following convictions will be spent:
1) All convictions in the District Court for Motoring offences which are more than 7 years old will be spent, subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.
2) All convictions in the District Court for minor public order offences which are more than 7 years old will be spent.
3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction will also be spent after 7 years. This provision will apply to either a District Court or Circuit Court conviction.
4) However, sexual offences or convictions in the central Criminal Court are not eligible to become spent convictions.

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