Old sodomy conviction

[santabear]

I was convicted of sodomy in the state of GA in the mid 60's. The act was committed between consenting adults. Since sodomy laws were delcared unconstitutional, has this record been expunged, and/or must I disclose it when asked by potential employers?What is the name of your state?

[tranquility]

Although, in essence, you may be correct, sodomy laws have not been declared unconstitutional in Lawrence v. Texas. And, in your favor, I recall Lawrence specifically overruled the portion of Bowers v. Hardwick which upheld GA sodomy laws so you may have a case in declaring the law under which you were convicted under has been declared unconstitutional.

However, what result?

The court found that Bowers was decided wrong at the time. This makes me think the Lawrence can be considered retroactive. If the act was in private, I think you may be able to win. (Public sodomy is a battle still being fought in the courts where the outcome will be, I predict, that it is still illegal.) I think this is not a sweeping away type of action. I believe it would require a reopening of the case and a clearing away by a judge. If the facts fit, you may be able to get the record expunged. Since, until you get the expungement or reversal in court, you are still convicted--I think you would still need to disclose it to employers.

Sorry. If the conviction was for private homosexual behavior the overriding law has finally come around. It will take a while for the courts to catch up with the Supreme's sweeping change.

[Shay-Pari'e]

Originally Posted by santabear

I was convicted of sodomy in the state of GA in the mid 60's. The act was committed between consenting adults. Since sodomy laws were delcared unconstitutional, has this record been expunged, and/or must I disclose it when asked by potential employers?What is the name of your state?

Well Santa, (Creepy in it's self), how were you convicted if it was between consenting adults?

Cop looking through your window?

[outonbail]

Originally Posted by Shay-Pari'e

Well Santa, (Creepy in it's self), how were you convicted if it was between consenting adults?

Cop looking through your window?

My guess,,,, a guard was doing a walk through his cell block and Surprise!

[mommyof4]

Originally Posted by Shay-Pari'e

Well Santa, (Creepy in it's self), how were you convicted if it was between consenting adults?

Cop looking through your window?

I know here that that HAS happened. Neighbor doesn't like the person, calls the cops and reports a disturbance. The cops go investigate and voila! Busted.

And that is exactly the premise of Lawrence v Texas. They were in his apartment. A cop walked into the apartment with his weapon drawn. Arrested, charged, tried, convicted, and eventually overturned.

[Shay-Pari'e]

Originally Posted by outonbail

My guess,,,, a guard was doing a walk through his cell block and Surprise!

Ahh! Never thought of that.

Santa Yuck Yuck Ewwwwwwwwwwwww.

[Shay-Pari'e]

Originally Posted by mommyof4

I know here that that HAS happened. Neighbor doesn't like the person, calls the cops and reports a disturbance. The cops go investigate and voila! Busted.

And that is exactly the premise of Lawrence v Texas. They were in his apartment. A cop walked into the apartment with his weapon drawn. Arrested, charged, tried, convicted, and eventually overturned.

Ok, I was following, but would you answer the door to the police DOING the thingy?

[santabear]

Too bad if you see something creepy in the question or the username, but I am a member of The Amalgamated Order of Real Bearded Santas and the "cops looking through a window" is exactly the situation in this case. Remember it was the 60's in the lovely red-neck state of Georgia. The locale of the Harwick case.

Further, for the ones of you who make judgement, it is not I who encourages your children to sit on the lap of some strange looking old man with a long white beard, it is you.... And I get paid handsomely for it. And then you tell your children not to talk to strangers! What could be more confusing to a child than a man in a red suit with fur trim meeting children in a mall, and then being told that isn't a strange man, that is Santa. Christ, the children are lined up by their parents and told to behave and wear your best attire. A little confusing for the little darlings, wouldn't you say?

And as for the comment "EWWWWW", you would be amazed at how many people have Santa fetishes. I have been molested by women and men at many Corporate Xmas parties, and propositioned by more people than I can count at parties, in malls, at bars, even while I am walking down the street. (Of course usually the proposition is qualified with I must wear the Santa suit. Heck, I am often asked if I have a santa suit at the start of the conversation.

I can sit in any bar and within 5 minutes someone is talking to me and within about 15 minutes, someone (about equally divided, men to women) will have hit on me. So by "Ewwww", I suspect it is your thoughts that you are "Ewwwing about". But as I said, don't worry, your thoughts are pretty normal that you have a Santa-fastasy, based on my life experience.

[tranquility]

And, the "bear" portion probably refers to the slang of a gay man who is...hirsute.

As to the silly comments from the list, I am reminded of a story. (Please read with a southern accent.)

Two southern bells were discussing things over mint juleps. The first had just returned from the big city, New York and was telling the second all about it.

"While in the city I learned there are certain men who like men and who put their nevermind's in each other's mouths."

"Goodness sakes alive..how horrible! What do they call such men?"

"They call them homosexuals. And, that's not all. In the city, I heard talk of women who like women and who lick each other 'down there'."

"Mercy, I believe I will have the vapors with these stories of yours. What do they call them?"

"Why they call them lesbians and you'd be surprised at how many there are. Also, there are men who lick women down there as well."

"Kill me now, I cannot believe what I'm hearing! Those city folks are crazy. What do they call them?"

"I don't know the term, but I called mine George--and it's not as crazy as it seems."

[santabear]

Having been raised in the south, that story most likely has truth to it.

My mother and her friends had a little neighborhood coffee-party every Wednesday morning and one time when I was sick enough that my mother kept me home from school, I was bored and sat in the kitchen with my mother and her friends for the get-together. One woman was telling the others and in trying to tell it without me understanding it. The gist of the story was one woman in the neighborhood was rumored to be a prostitute in Savannah on the weekends. (Savannah is about 50 miles from my home town)

And after the woman had told the story including that her "weekend city walking" was how they were able to buy a fishing boat, a new car and a lot of new clothes, my mother sipped her coffee and said, "My, My, My, and to think that all these years I have been sitting on a fortune...." Well, I and all of the woman broke into laughter and they were all embarrassed that I knew just exactly what they had been talking about. I was never allowed to sit in on the coffee get togethers again, whether I was home sick or not.

[Shay-Pari'e]

Originally Posted by santabear

Too bad if you see something creepy in the question or the username, but I am a member of The Amalgamated Order of Real Bearded Santas and the "cops looking through a window" is exactly the situation in this case. Remember it was the 60's in the lovely red-neck state of Georgia. The locale of the Harwick case.

Further, for the ones of you who make judgement, it is not I who encourages your children to sit on the lap of some strange looking old man with a long white beard, it is you.... And I get paid handsomely for it. And then you tell your children not to talk to strangers! What could be more confusing to a child than a man in a red suit with fur trim meeting children in a mall, and then being told that isn't a strange man, that is Santa. Christ, the children are lined up by their parents and told to behave and wear your best attire. A little confusing for the little darlings, wouldn't you say?

And as for the comment "EWWWWW", you would be amazed at how many people have Santa fetishes. I have been molested by women and men at many Corporate Xmas parties, and propositioned by more people than I can count at parties, in malls, at bars, even while I am walking down the street. (Of course usually the proposition is qualified with I must wear the Santa suit. Heck, I am often asked if I have a santa suit at the start of the conversation.

I can sit in any bar and within 5 minutes someone is talking to me and within about 15 minutes, someone (about equally divided, men to women) will have hit on me. So by "Ewwww", I suspect it is your thoughts that you are "Ewwwing about". But as I said, don't worry, your thoughts are pretty normal that you have a Santa-fastasy, based on my life experience.

I think your dementia is kicking in.

Please seek help.

[mommyof4]

Originally Posted by Shay-Pari'e

Ok, I was following, but would you answer the door to the police DOING the thingy?

You missed the point. They didn't answer the door. The cop just barged in after receiving a complaint from someone else.

[Shay-Pari'e]

Originally Posted by mommyof4

You missed the point. They didn't answer the door. The cop just barged in after receiving a complaint from someone else.

I didn't miss the point. It's hard to fathom cops breaking down a door with no warrant, no dangerous situation, just a nuisance complaint. Maybe it is just a southern thing.

Then we have people knowing they are having sex?

[mommyof4]

Originally Posted by Shay-Pari'e

I didn't miss the point. It's hard to fathom cops breaking down a door with no warrant, no dangerous situation, just a nuisance complaint. Maybe it is just a southern thing.

Then we have people knowing they are having sex?

Well... it happened. That was the whole point of the case.

[url]http://www.law.cornell.edu/supct/html/02-102.ZS.html[/url]

Eubanks, who filed the false report of a weapons disturbance, served 15 days in jail. And yes, Eubanks knew because he was romantically involved with Garner during the same time period.