# Court appearance, case struck out. Not showing up in vetting.



## bodyandsoul (9 Jul 2017)

Hi.

I had case that was struck out related to import of tobacco for personal use quiet some time ago.
Long story short, I was earning €100 a week from my job where my contract was cut  from full time during recession and was never on social welfare, which was why the judge probably went easy on me and issued a €50 fine.
I've done 2 vetting background checks on myself prior to applying for a job and they both came back with no record.
I never had problems with financial institutions giving me a loan which I always paid back.

A while back I applied for a new job in finance and passed the interviews after which I had to do a background check.
From information gathered in citizensinformation website I found that I didn't have to disclose my record as I'm not working with vulnerable people or children.
To my surprise they found a conviction on my record, which cost me the new job.
I've done another background check on myself again afterwards which again came back clean.

I've called the Gardai vetting department and they don't know the answer to my question and directed me to contact the court. When I contacted the court, they asked me to deal with this matter with the vetting.

Anyone know why employer can see the record and I can't?

**mods please move to askaboutlaw section**


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## cremeegg (10 Jul 2017)

Hi, you say that the case was struck out, and that you got a €50 fine. 

Surely if the case was struck out you couldn't have been fined.

Alternatively if you were fined, you must have been convicted.


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## Jim2007 (10 Jul 2017)

As someone else pointed out, if you were fined, you have a conviction.

The second thing is not to confuse a financial institutions background check with the Garda vetting process.  They are not the same, the financial institution is more detailed.  Having received a few of those reports in the past I can tell you the include things like newspaper clippings, details of civil proceedings, social media searches etc...


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## elcato (10 Jul 2017)

cremeegg said:


> Hi, you say that the case was struck out, and that you got a €50 fine.


Fine is probably a bad example but I believe if you make a' contribution' to the poorbox the judge applies probation and leaves the person without a conviction. Problem is whether the probation appears on the naughty list or not.


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## Vanilla (10 Jul 2017)

If the Judge applies the Probation Act, there is no conviction and thus no record.


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## Jim2007 (10 Jul 2017)

Vanilla said:


> If the Judge applies the Probation Act, there is no conviction and thus no record.



Well if that is the case then it must have come from some other source such as paper clippings, social media etc...


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## Vanessa (11 Jul 2017)

Vanilla said:


> If the Judge applies the Probation Act, there is no conviction and thus no record.



I have heard Gardai telling Judges that the defendant has got the "benefit of the Probation Act" so is that is it not a conviction? Anyone know?


Jim2007 said:


> As someone else pointed out, if you were fined, you have a conviction.
> 
> The second thing is not to confuse a financial institutions background check with the Garda vetting process.  They are not the same, the financial institution is more detailed.  Having received a few of those reports in the past I can tell you the include things like newspaper clippings, details of civil proceedings, social media searches etc...



I know someone working in HR and one way they use to eliminate is to check Facebook. Some people have no cop on whatsoever as to what they post


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