Róisín Shortall (Dublin North West, Social Democrats)
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450. To ask the Tánaiste and Minister for Justice and Equality the number of convicted persons that have been eligible to avail of the provision set out at section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 since its commencement on 26 April 2016. [35093/17]

Charles Flanagan (Laois, Fine Gael)
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As there is no formal procedure to go through to have a conviction declared spent, statistics are not available on the numbers of persons eligible to avail of section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. Therefore, it is not possible to provide the figures requested by the Deputy.

The effect of this legislation is that a person will not be obliged to disclose certain convictions which are over 7 years old. In accordance with the provisions of the Act the following convictions are deemed to be spent:

1) all convictions in the District Courtfor Motoring offences which are more than 7 years old will be spent, subject to the proviso that spent convictions for dangerous driving are limited to a single conviction;

2) all convictions in the District Courtfor minor public order offences which are more than 7 years old will be spent.

3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction will also be spent after 7 years. This provision will apply to either a District Court orCircuit Court conviction.

A conviction resulting in a non-custodial sentence can also become spent after 7 years. This means such a sentence imposed by a court on a person in respect of an offence that is not a custodial sentence and is not in addition to a custodial sentence and includes—

(a) a sentence of imprisonment for a term of 2 years or less, the execution of the whole of which is suspended for a period specified by the court and that suspension is not subsequently revoked in whole or in part by the Court;

(b) a fine;

(c) an order under (2) of the ;

(d) a community service order made by a Court that is not revoked;

(e) a restriction on movement order made under of the

Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.