# Garda Clearance with criminal record in error



## cmalone (21 Jun 2013)

A staff member at work is required to have garda clearance for their duties. They have now been advised that this was returned with details of an incident in a local town during April, when they were actually on an Erasmus exchange abroad. 

At work - we know the incident could not have involved the staff member- however, I assume someone used their details when Garda asked for name, etc

They are going to their local garda station later to check and try get matter resolved.

What follow-up have they? Should they get a solicitor?


----------



## Sue Ellen (21 Jun 2013)

Why would they involve the cost of a solicitor when they could just produce some documentation to prove that they were abroad such as passport, flight confirmation (maybe from e-mail ac.) or something else.

We received notification to our address that a teenager had been cautioned by gardai for drinking in public.  It had a different surname to ours.  I just put a note on it confirming that no one with that name lived at this address and posted it back to them.  Last we heard of it.


----------



## cmalone (21 Jun 2013)

*Garda*

No problem with evidence- from college/ work etc

Issue is the employer- and upset. Also who presented name to Garda and why was it accepted?


----------



## Time (21 Jun 2013)

They would have no reason to query it.


----------



## cmalone (21 Jun 2013)

*No smoke without ...*

Got a text- they checked with Garda station- appears to relate to an incident in 2007. On the report it says 'case pending'. Can someone have a case pending from that far back and not know about it?>


----------



## WizardDr (24 Jun 2013)

@cmalone - there is no time limit for a 'criminal case' but its most certainly NOT a conviction. There is more to this - and I don't mean the chap is hiding anything - but a Garda issuing such a statement seems to me to be at the very least prejudicial particularly if it was a public order offence. This needs to be resolved as soon as.


----------



## Jim2007 (24 Jun 2013)

cmalone said:


> Got a text- they checked with Garda station- appears to relate to an incident in 2007. On the report it says 'case pending'. Can someone have a case pending from that far back and not know about it?>



So is it still the case that it happened when the person was out of the country or what?


----------



## Time (24 Jun 2013)

WizardDr said:


> @cmalone - there is no time limit for a 'criminal case' but its most certainly NOT a conviction. There is more to this - and I don't mean the chap is hiding anything - but a Garda issuing such a statement seems to me to be at the very least prejudicial particularly if it was a public order offence. This needs to be resolved as soon as.



Unless it in an indictable offence, the matter is dead after 6 months.

There is no way it can be pending this long. 

This is a matter for the data protection commissioner.


----------



## cmalone (24 Jun 2013)

*Update*

Thanks for feedback- 2 items in 'offence' from incident in early 2007-
- Threatening / abusive/ insulting behaviour in a public case- 'case pending'
- Intoxication in a public place - 'case pending'

He visited his local Garda Station who said he must contact the relevant Garda Officer (now relocated).

Appears a long time for a case to be 'pending'


----------



## WizardDr (25 Jun 2013)

@cmalone
these are public order offences
If it were me I would initially try and contact the Garda
and I would seek advice immediately.


----------



## cmalone (6 Jul 2013)

*Drunnk & Abusive in Public Place- Charges*

Update- he eventually got in touch with Garda. She explained court hearing and as he didn't turn up- bench warrant outstanding. Seems like as he moved address they couldn't find him.

She suggests back to original Garda Station and Court will be rescheduled. 

Sounds like he needs a solicitor? How much would that be? He is full time student


----------



## WizardDr (8 Jul 2013)

@cmalone - a bench warrant means he can be arrested at any stage.
He may be entitled to legal aid - and this is a 'criminal' case so he needs to act immediately.

This address matter sounds like there is even more to it (as I said when I first read what you said). Could have been a false address - maybe this was forgotten

Did the Garda say anymore?


----------



## cmalone (9 Jul 2013)

*Drunk*

Yes- agree it could have been error on some part.

He went to Garda Station and was advised that the relevant officer who deals with such matters will contact him. Appears most of the Gardaí at the station personally know him from a local cafe he worked back then- well they know his face!

Sounds like it just got elevated when he didn't turn up in court- don't believe any malice on his part- just that he moved address- seems over 100,000 such warrants in country from googling newpaper reports

He is going to FLAC initially


----------



## Jim2007 (9 Jul 2013)

cmalone said:


> Appears most of the Gardaí at the station personally know him from a local cafe he worked back then- well they know his face!



Kinda hard to see how it would be a case of mistaken identity then...


----------



## Vanessa (26 Jul 2013)

I just wouldn't be happy with any old "we'll make sure the record is amended" line.
You could find that this type of "soft intelligence" could come against you. e.g. the Garda PULSE records will show someone of your name and address was arrested. Regardless of any court outcome the record could be checked and a verbal enquiry could have someone say "Ah that person was arrested for public order offences. I'm not sure what happened it but you'd want to be careful employing that type" 

Get a solicitor to write to the local Superintendent and get your position clarified


----------



## TommyB (26 Jul 2013)

Does he not remember any incident with the gardai before?
The people who produce clearance reviews are not part of operational stations so it could be a misidentification.


----------

