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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32927
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I have a criminal conviction from 35 years ago for crim. negligent

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I have a criminal conviction from 35 years ago for crim. negligent homicide and a person is threatening to re-tell it to friends and customers. Is there anything i can do?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Are you asking if there is anything you can do to stop them from telling someone?

Customer:

As best possible, yes

Customer:

or, if they do, what recourse is left to me

Dwayne B. :

Unfortunately if they are telling the truth there is nothing that can be done to stop them and there is no recourse.

Dwayne B. :

There is no law that prevents someone from being a gossip if they are not lying.

Customer:

ok. even if it is overtly malicious?

Customer:

ok

Dwayne B. :

Unfortunately, the motivation doesn't matter so long as they are telling the truth. If they vary from the truth then you have options.

Customer:

such as...

Dwayne B. :

You can sue them for slander or libel if they lie. For instance, if they told people that you have a conviction for a rape instead of criminally negligent homicide then you could sue them.

Dwayne B. :

Even though they are both felonies, they are not interchangeable.

Dwayne B. :

Your conviction is a matter of public record and you can't sue someone for revealing public information.

Customer:

i see

Customer:

yes, of course

Customer:

oh well.

Dwayne B. :

I wish I had better news for you.

Customer:

any recommendations?

Dwayne B. :

You could have a lawyer send them what is known as a cease and desist letter and threaten legal action if they tell anything. You and the lawyer would both know it wasn't a real threat but the other person may not know.

Dwayne B. :

That may "scare them off".

Customer:

that may be useful

Dwayne B. :

I know of cases before where that has worked.

Customer:

how so?

Dwayne B. :

I am personally acquainted with cases where similar letters have been sent and the people have not spread the gossip even though it was perfectly legal for them to do so.

Dwayne B. :

They just didn't want to run the risk of getting sued.

Customer:

ok. any other thoughts?

Dwayne B. :

No, that's about the only thing that you can try that has a chance of working and it's a pure bluff.

Customer:

ok. thx

Customer:

ok. thx!

Dwayne B. :

You're very welcome.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Dwayne B. and 2 other Criminal Law Specialists are ready to help you

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