Can i sue the city for never turning in the correct paperwork to SLED and other background agencys?

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is there any statue of limitations? i checked my record a few months ago and there was a felony from seven years ago. I called SLED and they said the court never gave them the correct paperwork on the lesser charge. I called the court and they said the never reported the correct paper work to SLED. Can i sue?

Attorney Answers

5
Larry Couture ·
You don't really mean can you sue. You mean can you win if you sue. The answer is, not likely to win this kind of case and issue. to be sure, however, you have to talk to a lawyer in South Carolina who can advise you. There is generally no legal charge to talk to a lawyer because their fee is based on the outcome of the case and if they feel there is no case they will tell you up front so do yourself a favor and hire a decent personal injury lawyer. One more, important fact. People frequently as about lawsuits without considering what they could get out of the case if they won You have to have damages of some sort do when you talk to the lawyer you ought to let him or her know what you have actually lost as a result of the information that is incorrect.
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Dale Savage ·
Are you saying that you want your background check to reflect that you were convicted of a lesser charge or that the charge should have been expunged?
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Thomas Smith ·
You can always sue, but as the other lawyer mentioned, it is whether or not you can win. In a typical case you have to meet the elements of a tort as well as prove damages. To know whether or not you have a case you need to call and speak with an attorney directly. Set an appointment and meet with one. While this case seems like a long shot because the government is immune to so many different types of lawsuits, it you have high damages such as lost employment etc. as well as the ability to prove that the government knew or should have known of its mistake then you may have a chance. Best of luck.
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Matthew Burgess ·
Unless you're alleging that you suffered damages (that you were harmed in some way as a result of the City's failure to submit the correct paperwork), suing won't do you any good. A civil action in tort requires tortuous conduct and damages suffered as a direct or proximate result of that conduct. Even then, it seems unlikely that you would prevail. In South Carolina, governmental agencies are typically immune from tort claims unless the alleged conduct was "grossly negligent." Based on the information you've provided, it seems very unlikely that the City's failure to submit the paperwork, although frustrating, rises to the level of the "gross negligence" legal standard. However, you should probably still consult attorney for help in sorting this out, as it will be important for your record to properly reflect the disposition in your case (the lesser charge) when applying for a job, or anything else.
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David Williams ·
Speak to a lawyer so you can better explain the situation rather than such an open ended question. There are many good lawyers in your area that offer free consultations. While we are a short drive away, we would be happy to assist you with a free consultation.
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