Written answers

Tuesday, 23 October 2012

Department of Justice and Equality

Spent Convictions

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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To ask the Minister for Justice and Equality if there are procedures in place whereby a person who has a criminal conviction from a court can have their records expunged or cleared; the procedures involved in same; the timescales involved; and if he will make a statement on the matter. [46021/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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There are no provisions in Irish law for the removal of records from a person's criminal record. However, under the Criminal Justice (Spent Convictions) Bill 2012, a person may not be required to disclose a conviction, once the appropriate conviction-free period has elapsed, subject to certain conditions. Convictions must, however, continue to be disclosed where a person wishes to work with children and vulnerable adults or where the person is applying for certain licences.

The Bill was passed at Second Stage in the Seanad in June and I expect it to be enacted in the first half of 2013. I should mention that there is already a "spent convictions" regime provided for under section 258 of the Children Act 2001, whereby a person may not be required to disclose a conviction where the offence was committed before the person reached 18 years of age, provided certain conditions are met.

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