What can I do? Is this defamation?

What is the name of your state? Georgia

Someone found out that 10 years ago (early 20's) I had a run in with the law. This, of course, is public record in our state for some ungodly reason. It was some misdeamenors. Nothing serious. I was acting ignorant, and woke up rather quickly. Regardless, it has nothing to do with the successful business owner I am today. This someone is using this information against me and trying to destroy my business. Most recently, she held a meeting to discuss her business. During the meeting, she read the contents of my criminal record to 60 something people. Some of which would have used my services of the business I own. She also said I was threatening her family. A total lie. She has no reason to do this to me. Is there anything I can do?

Wow, I am really sorry. Some people have no consideration. What she is doing is clearly slander (not that I per pose to know anything about the law). From what I understand, you would need to have proof that what she is saying is false, but, if what she is saying is true like you said, it is not really defamation. However, those comments certainly do hurt your reputation.

At the very least, I don't think it would hurt to contact someone in your local police department and let them know what's going on, especially if she is stating that you threatened her family. She could come back at you with something a great deal worse than slander.

Does anyone else agree???

My husband is a detective....

Hi, and thank you for responding. I contacted an attorney, and he said it was slander, as well as defamation of character (some of what she is saying is not true, and is maliciously said to hurt me and the business).

My husband is a detective. He is having it investigated by GCIC and GBI, as to where the criminal record was ran, and in which counties, and by whom.

If anyone else has any advice, we would greatly appreciate it!

Something is clearly NOT correct in your thread.

During the meeting, she read the contents of my criminal record to 60 something people. Some of which would have used my services of the business I own.

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As long as she is telling the truth, there is nothing wrong with her doing so.

She also said I was threatening her family. A total lie. She has no reason to do this to me. Is there anything I can do?

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Before anyone can accurately answer, we would have to hear EXACTLY what she said in its correct context. For example, if she said, "I think that this person threatened my family", that is acceptable. However, if she said, "This person said that they were going to blow up my house and kill all of my children", that would be an actionable statement.

However, your later post is pretty hard to believe.

I contacted an attorney, and he said it was slander, as well as defamation of character (some of what she is saying is not true, and is maliciously said to hurt me and the business).

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If you told the attorney EXACTLY what you said in your first post, either you misunderstood your attorney or your attorney is an idiot as it is NOT slander or 'defamation of character'. Your own post says that the statements were the truth ("she read the contents of my criminal record") and the TRUTH cannot be defamation.

My husband is a detective. He is having it investigated by GCIC and GBI, as to where the criminal record was ran, and in which counties, and by whom.

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That seems very unlikely!! Criminal records (unless juvenile or sealed) are public records and there is NOTHING illegal or improper about anyone obtaining them.

Based solely on the information in your post, you have NO legal action against this other person; however, you may certainly file (or attempt to file) a criminal complaint as to her 'threats'.

Actually...

Thank you for taking the time to answer, although, I do not agree with everything you wrote, I certainly appreciate your time.

As I did not fill each of you in on the entire situation, there is enough for defamation and possibly slander. We have written statements from five of the 60 at the meeting.

As my husband is a detective in our city, we both do know that pleading first offender is a sealed record, and not public. Please read the www.gcic.com information page in regards to obtaining the criminal history of others.

Take care, and I believe we have all of the information we need to go further.

ohmygoodness said:

Thank you for taking the time to answer, although, I do not agree with everything you wrote, I certainly appreciate your time.

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I wouldn't expect you to agree with everything I wrote, as honesty is not always easy to swallow.

As I did not fill each of you in on the entire situation, there is enough for defamation and possibly slander. We have written statements from five of the 60 at the meeting.

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That may be.... however, your failure to provide sufficient details on this forum has a direct affect on the answers or advice you will receive. Simply, there is NOTHING in your post that would lead any legally knowledgeable person to believe you to have a cause of action against the other person.

As my husband is a detective in our city, we both do know that pleading first offender is a sealed record, and not public.

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HUH??? Sorry, but that is not correct. ANY criminal record (unless juvenile, or sealed/expunged, or otherwise protected by statute or court order) is public record. Of course, you could be trying to imply that whatever charge you faced was 'first offender status', but that may or may not be true.... and may or may not be a 'protected' record.

This is from the Gerogia Bureau of Investigation (GBI) website:
"Can I obtain a Georgia criminal history record of another person?
O.C.G.A. §35-3-35 (d.1) provides public access to felony conviction records without consent of the person whose record is being checked. Local law enforcement agencies may provide this information for a fee not to exceed $20.00. The subject's full name, race, sex, and date of birth must be provided at the time of the request.

A complete Georgia record may be obtained with the individual's consent. A signed consent form from the individual whose record is being sought must be provided to the local agency. Fees vary."

Please read the www.gcic.com information page in regards to obtaining the criminal history of others.

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Your link doesn't work.

Thanks

Enjoyed reading your replies and becoming more intelligent. You are the best!! Woo Hoo!