Dáil Éireann Debate, Tuesday - 21 June 2016
71. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality if the convictions incurred by a person (details supplied) qualify as spent convictions under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. [16671/16]
View answerThe Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 was commenced in full on 29th April 2016.
The effect of the Act is that a person is not obliged to disclose certain convictions which are over 7 years old, subject to specified limitations. A person will not be penalised in law or incur any liability for failing to disclose a spent conviction.
In accordance with the provisions of the Act the following convictions are now spent:
1) All convictions in the District Court for Motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.
2) All convictions in the District Court for minor public order offences which are more than 7 years old.
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 is spent after 7 years. This provision applies to either a District Court or Circuit Court conviction.
Where a person appears before a court and is convicted of 2 or more offences which were committed at the same time or relate to the same event and more than one sentence is imposed by that court at that time, these are regarded as a single conviction for the purposes of the Act.
Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.
