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Can a final disposition of a criminal case be review via pro se?

Atlanta, GA |

My son was found guilty of a misdemeanor for criminal trespass/Domestic Violence in 1986 with a sentence disposition of 12 months suspended in the State of Georgia. Can a pro se be filed at this time? He was over the age of 18 at that time. The original accusations have been destroyed via the State Court of Fulton County. This matter is showing up on his background check. What can be done, if anything?

Attorney Answers 2

  1. If I understand the facts, your questions raises issues of criminal law and credit reporting. I do not handle criminal cases but from what you state, your son pled guilty to the charges and was convicted. There may be very limited circumstances under which the fact of the conviction could be challenged in a Georgia court. To find out about the possibilities your son should contact the Georgia Bureau of Investigation and get a print out of his criminal record and then contact a lawyer in Georgia who handles criminal cases.
    I do handle credit reporting cases. The Fair Credit Reporting Act used to limit convictions reporting to sven years. FCRA was amended in 1998 to allow convictions to be reported on your sons credit report FOREVER. Because of how old the conviction is, there may be an argument that the conviction has gone stale and cant be "resurrected." You need to consult an attorney who handles credit reporting matters.

    The answer given is for informational purposes only and does not constitute legal advice.

  2. I think you answered this question twice. As I had previously stated, I don't really understand what you are getting at, but you cannot go back and erase an old conviction and there is likely nothing that can be done. Sorry!

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