Legal Question in Criminal Law in Georgia

In 1991, I was falsely accused by a high school classmate of rape (to take the heat off her boyfriend, who she actually was having sex with). The prosecutor tried to charge me with CSC 3rd degree (a felony), but the jury did not believe the girl, so they came back with a "compromise verdict" of 4th degree CSC. While all of this was going on, the parents of the girl I actually was dating and having sexual relations with decided to take me to court. The prosecutor (the same one) offered me a plea bargain to avoid going to trial, and being exhausted financially and emotionally from the first trial, I took the offer. I was advised by my attorney that after I completed my probation, my record would be expunged. Well, it's now been 16 years since the final conviction, and 14 years since I completed my probation. I've been operating under the assumption that I had no criminal record. 2 years ago, I applied for a job and their background check reported both convictions as felonies, not misdemeanors. So, now not only has it not been expunged, it's been made to look worse than it actually is. This has prevented me from getting a job for the past 2 years. My original attorney passed away, and I'm trying to find out who is responsible and who can be held accountable for reporting inaccurate information on my background. This is causing great emotional and financial strain for me, my wife of 13 years and my 2 children. Please help!!


Asked on 12/15/10, 8:31 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

HIRE A NEW GEORGIA CRIMINAL DEFENSE ATTORNEY ASAP. He can get it cleared up for you. Best of luck.

Read more
Answered on 12/20/10, 9:17 pm
Lawrence Lewis Lawrence Lewis, P.C.

I don't know what your actual GCIC reveals, but if you find a good criminal defense (key being good) he/she might be able to resolve the problem. I use the word "might" because there are in effect statute of limitation problems with you challenging a 16 year old conviction.

Read more
Answered on 12/21/10, 3:51 am


Related Questions & Answers

More Criminal Law questions and answers in Georgia