The Criminal Conviction Declaration is a mandatory document required in various professional contexts within Ireland where the disclosure of criminal history is necessary for risk assessment and regulatory compliance. This declaration is particularly relevant when hiring for positions of trust, roles involving vulnerable persons, or regulated industries. The document must comply with Irish legislation, including the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, Data Protection Act 2018, and where applicable, the National Vetting Bureau Acts. It typically includes information about unspent convictions, while respecting the principles of rehabilitation and data protection regarding spent convictions. The declaration forms part of the broader due diligence process and must be handled in accordance with GDPR requirements given the sensitive nature of the information disclosed.
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1. Declarant Details: Full legal name, date of birth, current address, and other identifying information of the person making the declaration
2. Purpose of Declaration: Statement explaining why the declaration is being requested and its intended use
3. Legal Basis: Reference to relevant legislation and legal framework under which the declaration is being made
4. Data Protection Notice: Information about how the declared information will be processed, stored, and protected in accordance with GDPR and Irish Data Protection Act
5. Declaration of Convictions: Section for listing relevant unspent criminal convictions, including date, offense, court, and outcome
6. Spent Convictions Statement: Explanation of spent convictions under Irish law and confirmation that these do not need to be disclosed
7. Verification and Consent: Declarant's confirmation that the information provided is true and complete, with consent for verification
8. Signature and Date: Space for declarant's signature, witness signature if required, and date of declaration
1. Overseas Convictions: Additional section for declaring criminal convictions from other jurisdictions, required if the declarant has lived abroad
2. Pending Proceedings: Section for declaring any ongoing criminal proceedings or investigations, used when specifically required by the requesting organization
3. Professional Body Declarations: Additional declarations required for specific professional bodies or regulatory authorities
4. Vetting Process Consent: Additional consent section for Garda vetting process, required for roles involving work with children or vulnerable persons
5. Position-Specific Declarations: Additional declarations specific to certain job roles or positions of trust
1. Schedule 1 - List of Relevant Offenses: Comprehensive list of offenses that must be declared for the specific purpose
2. Schedule 2 - Spent Convictions Guide: Detailed guidance on spent convictions under Irish law and their disclosure requirements
3. Appendix A - Privacy Notice: Detailed privacy notice explaining how the declared information will be processed, stored, shared, and protected
4. Appendix B - Verification Procedure: Document outlining the procedure for verifying declared information, including any third-party checks
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