Work application - declare previous withdrawn charges (court)

[Jumpstartdublin]

Family member has two previous charges (intoxicated in public - threatening / abusive conduct ). Both were withdrawn by Gardai in court.

does she need to declare on a work application (public sector job). She has passed interview etc.

 

[lughildanach]

She should answer any questions accurately. If the charges were withdrawn/struck out, then she clearly doesn't have anything pending before the courts and has no conviction. I don't think they would ask if you have every been charged with an offence for which you were not convicted.

 

[KOW]

A lot of time cases as such are withdrawn for the very reason you refer to.
In order for people to secure work or travel and lead a productive future and not end up held back and a burden on society.

 

[Jumpstartdublin]

Thanks. Will declaring this incident affect her work prospect/ offer. She has passed interview and placed on panel. Received job offer already.

 

[Leo]

Will declaring this incident affect her work prospect/ offer.

Almost certainly. At times when we are hiring, it can be a tough call between the best candidates. Someone declaring an abusive past is likely to make that decision a little easier.

See guidance here. The timing might not work for you, but perhaps make a data request as outlined to the Gardai and see what comes back.

 

[Jumpstartdublin]

Perfect. Very good advice and info. Thanks all

 

[lughildanach]

Thanks. Will declaring this incident affect her work prospect/ offer. She has passed interview and placed on panel. Received job offer already.

Have they actually asked to declare the information? What is the specific wording of the question? Don't declare anything that you are not being asked. I would be surprised if they were asking for details of someone who was cleared of any wrong doing. I can understand if they asked about pending charges, but for stuff that has been dealt with and that did not result in a conviction or a caution, then in most circumstances that would not be relevant.

There could be some jobs that require a higher level of scrutiny, eg. Gardai, but if its a regular job then without a conviction or a pending charge, there is usually nothing to report. Indeed, even if there has been a single minor conviction, for most jobs you do not need to disclose it after a certain period of time has elapsed.

 

[Jumpstartdublin]

The specific question is as follows -
‘Interaction with Gardai / Police- Failure to disclose any interaction with Gardai / Police / Defence Forces regardless of outcome fully and truthfully will result in rejection of your application...’

I attach a copy ...

based on the particular incident (from 2007 and brought to district court in 2014) it appears it should be listed with outcome etc ?

 

[lughildanach]

The specific question is as follows -
‘Interaction with Gardai / Police- Failure to disclose any interaction with Gardai / Police / Defence Forces regardless of outcome fully and truthfully will result in rejection of your application...’

I attach a copy ...

based on the particular incident (from 2007 and brought to district court in 2014) it appears it should be listed with outcome etc ?

Based on the question, yes, it should be disclosed. The question is very wide. Even if she was just a witness to a crime, or a victim of one, that is involvement in an investigation and should be disclosed.

Is the application for a position in the Gardaí or Defence Forces? If not, then I would have concerns as to whether it is appropriate or legitimate to ask these questions in an employment application.

 

[Jumpstartdublin]

Thank you so much for most helpful replies. Yes post in a security related field - I don’t want to name the specific organisation. But I do agree such declaration should be made and is appropriate.

 

[Sunny]

It specifically asks if the person has ever been summoned to Court. Obviously was if the Guards withdrew it in Court. Seems pretty clear cut that it needs to be disclosed. They were also obviously arrested and taken into custody as well for intoxication and threatening behaviour since you say they were charged.

Having said that, did they do a check before the job offer was made or is the job offer conditional on a background check? They might have already done background checks in which you case maybe you should let sleeping dogs lie and the person should consider themselves fortunate.

 

[Foxy007]

Yes it does need to be disclosed and you may find that there are additional questions.... which may need even the Gardai in question to answer. It is appropriate and legitimate to ask that question worded in that way. I have to answer that question each year as well as a number of others that might cause consternation... and yes I actually do tell them that I have spoken to Gardai regularly on anti social behaviour and once for a background check confirmation that I lived peaceably in another country, and at the time I was going to be working runway side in an Airport so they wanted to check it was safe to let me work there. Interaction means any interaction. Most likely they will contact the Gardai ...give them your details and do check on that file, if it is even still available.