Jump to content
Danny

Incorrect Felony on Criminal Record

23 posts in this topic

I was arrested February 2017 for a misdemeanor  and  felony possession of a firearm by a convicted felon.  The fact is I have never been charged with a felony much less convicted  and  I've never stepped foot in Superior Court. The felony charged was later dismissed and I was acquitted of the misdemeanor charge. The criminal record was corrected with the GBI by my criminal attorney but  the  felony charge is still published on public websites advertising criminal background checks. The felony arrest with my photo was published in a newspaper and their website too. My question is do I have a lawsuit for libel defamation and if so against whom?

Share this post


Link to post
Share on other sites

Your question is a little unclear.  We're you arrested and charged with a misdemeanor and a felony?  Did the newspaper accurately state that you had been charged with a misdemeanor and a felony?  Is the on line information an accurate reflection of the newspaper article?  Is there anything that was or is being published that is actually true?

 

I am sure you would prefer that the publisher also published that the charges against you were dismissed.  But, as long as their publication is factually correct you have no case against anyone.

 

If I am wrong please state what it is about the publications that you claim are untrue.

Share this post


Link to post
Share on other sites

Yes, I was arrested for a misdemeanor and felony charge of possession of a firearm by a convicted felon in February 2017.

The newspaper although inaccurate stated I had been charged with a misdemeanor and felony. The misdemeanor arrest was actually true although I was later acquitted. I was charged with felony possession of a firearm so that was actually true also. Again I have never been charged with a felony much less convicted so the information published was factually incorrect just as other website publications.  

 

 

 

Share this post


Link to post
Share on other sites

Your actual record is likely correct. Those websites are regularly either out of date or simply wrong.  You can try going to each one that you can find and completing the form that is usually on there somewhere to remove your record.

Share this post


Link to post
Share on other sites
7 minutes ago, Danny said:

I was charged with felony possession of a firearm so that was actually true also. Again I have never been charged with a felony much less convicted

 

You have no felony conviction prior to being charged as a felon in possession?

 

https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-4/part-3/16-11-131/

 

 

Share this post


Link to post
Share on other sites

Again my actual criminal record was INCORRECT at the time of my arrest in February 2017. My criminal attorney cleared it up with the state and had it corrected with the GBI. 

 

Share this post


Link to post
Share on other sites
35 minutes ago, PayrollHRGuy said:

Your actual record is likely correct. Those websites are regularly either out of date or simply wrong.  You can try going to each one that you can find and completing the form that is usually on there somewhere to remove your record.

Again my actual criminal record was INCORRECT at the time of my arrest in February 2017. My criminal attorney cleared it up with the state and had it corrected with the GBI. 

Share this post


Link to post
Share on other sites
1 hour ago, Danny said:

I have never been charged with a felony

 

1 hour ago, Danny said:

 The felony charged was later dismissed

 

You realize these two statements contradict each other, right?

 

 

1 hour ago, Danny said:

do I have a lawsuit for libel defamation and if so against whom?

 

As far as I can tell, everything you mentioned was truthful.  You were arrested and (apparently) charged.  That the charges were dismissed and/or you were acquitted doesn't change that.  Therefore, the answer to your question is no.

Share this post


Link to post
Share on other sites
1 minute ago, pg1067 said:

 

 

You realize these two statements contradict each other, right?

 

 

 

As far as I can tell, everything you mentioned was truthful.  You were arrested and (apparently) charged.  That the charges were dismissed and/or you were acquitted doesn't change that.  Therefore, the answer to your question is no.

For clarification I had never been charged with a felony prior to the February 2017 arrest. 

 

I realize why I was arrested and why the publications correctly published the arrest. It was because of my INCORRECT criminal record from the state of Georgia which is the source for my defamation. Can I file a lawsuit against the state? or am I on my own to contact the many public websites clearing my name of defamation because of their error?

Share this post


Link to post
Share on other sites

I understand the situation exactly. You need to do what I suggested above. Which was, "You can try going to each one that you can find and completing the form that is usually on there somewhere to remove your record."

Share this post


Link to post
Share on other sites

I don't know how many websites actually have the INCORRECT information. It would be time consuming and costly to subscribe to all the websites to clear up an error by the state of Georgia. I feel I have been harmed enough already. 

Share this post


Link to post
Share on other sites
2 hours ago, Danny said:

I don't know how many websites actually have the INCORRECT information. It would be time consuming and costly to subscribe to all the websites to clear up an error by the state of Georgia. I feel I have been harmed enough already. 

Then the stuff will stay online.  There is no single legal action you can take to get them all removed. You would have to take action against each one individually. It would be easier and a lot cheaper to do as I suggest.

Share this post


Link to post
Share on other sites

I'm unsure exactly how many online and store front criminal background check companies there are. As far as I know ALL of them charge a fee. My understanding is it would be time consuming, expensive and nearly impossible to have the incorrect felony charge removed completely from the internet.   

 

I'm unsure if you completely understand the situation since you are suggesting there are lots of citizens like myself with incorrect information on their criminal record. There would be government outrage if that were the case. I realize some criminal records are not correct since the record restriction may not have been removed or the person plea bargained to a lesser charge. That is not my case. The state of Georgia somehow changed the misdemeanor to a felony sometime between 1997 and the date I was arrested. My 1997 disposition reflects it was a misdemeanor too. Do you feel like the state of Georgia has done no wrong and it is up to me to have my criminal record corrected as well as to clear and gain back lost friends trust?  How about past business opportunities? How about employment I am seeking and I have no idea which background company the employer uses. I'm unsure if I could get a job flipping burgers. Most employers do not go to the GBI (Georgia Bureau of Investigations) for a criminal background check.  

Share this post


Link to post
Share on other sites

I fully understand your situation. The problem is the information on those commercial sites matched the state records at some point in time.

 

Most employers don't use those websites either, at least none that you really want to work for because if they do they are breaking the law.

 

If I were to run a background check on you as an applicant I would see exactly what the GBI currently have on you.

 

 

 

Share this post


Link to post
Share on other sites

That is good information as far as a GBI background check goes.

 

Unfortunately the public has access to those incorrect criminal records though. 

 

The state of Georgia created the problem. Can I not file a lawsuit against the state or are they not liable for my defamation?

Share this post


Link to post
Share on other sites

Defamation of character shouldn't be hard at all and it's all because of the incorrect criminal record. I mentioned a few earlier. I discussed with my criminal attorney but only to have the record corrected and to have the charge dismissed. Wouldn't this be a civil lawsuit vs. a criminal one?

Share this post


Link to post
Share on other sites

If the state of Georgia corrected the record and that is what you are entitled to.  It is not the responsibility of the state to track down and correct any reports that may have contained the incorrect imformatoom.

Share this post


Link to post
Share on other sites
15 hours ago, Danny said:

Defamation of character shouldn't be hard at all and it's all because of the incorrect criminal record. I mentioned a few earlier. I discussed with my criminal attorney but only to have the record corrected and to have the charge dismissed. Wouldn't this be a civil lawsuit vs. a criminal one?

 

 

It would be a civil case. But that doesn't mean you don't have to prove damages.  It also doesn't mean that criminal lawyer who is familiar with the case couldn't advise you on the issue and at the very least point you to a lawyer to actually handle the case.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×