Marietta, GA asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Georgia

Q: Is a no Information/False Information of name, address or birthdate considered fraud?

Applying for an apartment and I keep getting denied for that misdemeanor. Am i filling out the application wrong is that charge considered fraud?

The question that is being asked:

Have You or Any Person Who Will Be Occupying the Apt. Ever Been Convicted, Charged, Arrested, Indicted, Plead Guilty or No Contest, or Received Deferred Adjudication or Probation to (A) Any Felony? Or (B) Any Misdemeanor Involving a Sexual Offense, Stalking, Illegal Use or Possession of Weapons, Assault, Battery, Theft, Fraud, Bad Checks, Criminal Damage to Property, Trespass, Vandalism, Illegal Possession or Sale of Drugs?*

2 Lawyer Answers

Gary Kollin

Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Here are two sentences from an article found on the internet by googling the terms "fraud definition legal."

I am also providing you the link. This is not a definition according to Georgia statutory and case law.

"Fraud

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

Fraud is commonly understood as dishonesty calculated for advantage. A person who is dishonest may be called a fraud. In the U.S. legal system, fraud is a specific offense with certain features."

You should speak to a Georgia lawyer about ways you may be able to seal your record. I am not cognizant of Georgia law.

https://legal-dictionary.thefreedictionary.com/fraud

David S West

PREMIUM
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: In Georgia, any crime that involves the use of false or fictitious information is a fraud crime. However, giving false information to police is not “listed” as a fraud crime on someone record in Georgia. So the practical answer to your question is no. A background check with a criminal record search will most likely show that specific charge though and whether any potential landlords are using that against you would be virtually impossible to find out unless they told you. As a practical matter, apartments would most likely go out of business if they started refusing leases to every potential tenant with a misdemeanor. So it’s doubtful it is the cause. Unfortunately, Georgia has done away with expungement so as it stands now, there is no method to erase or seal that misdemeanor even if it were the cause. And if the case ended more than a year ago, there is no appeal mechanism left in Georgia to return to court and undo what happened, even if you wanted to. In short, this is a situation a lawyer is not likely to be able to fix, even if it is part of the problem. Sorry I can’t give you better news but this is the truth. Good luck!

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