Written answers
Wednesday, 19 February 2014
Department of Justice and Equality
Criminal Law
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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157. To ask the Minister for Justice and Equality if he will clarify the situation for a former political prisoner (details supplied) who has been let go from their job due to former convictions; if they qualify under the spent convictions legislation. [8513/14]
Alan Shatter (Dublin South, Fine Gael)
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Under the Criminal Justice (Spent Convictions) Bill 2012, a person may not be required to disclose a conviction that is spent under the Bill in certain circumstances and subject to certain exceptions. Generally speaking the non-disclosure provisions apply to sentences of imprisonment of 12 months or less, to suspended sentences of up to 24 months and to all other non-custodial sanctions. The conviction-free "waiting period" before a conviction becomes spent ranges from 2 to 5 years depending on the sentence imposed. Convictions for sexual offences or for offences reserved to be tried in the Central Criminal Court must always be disclosed. The Bill, which I hope will be enacted before the Summer, is available on the Oireachtas website.
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