Legal Question in Civil Rights Law in New York

In January 1992, I was falsely accused of molesting the 3-year-old daughter of the family I was renting a room from. In November of that year, the charges were dropped as I was told the family was leaving the state. The charges were dropped and the case supposedly sealed. In August of 2002, I was told by my fiancee of three years that I should "not be around her three youngest children for about six months"; this was over seven years ago, as this destroyed our relationship entirely. In the past year or so, I learned from friends who stayed with me a few months that I was named in their Family Court paperwork as a "convicted sex offender" and "known pedophile," which, since the case never went to trial, is blatantly false. It seems this was the reason my relationship with my fiancee was broken off - Family Court, County Department of Social Services, and the Child Law Guardian for Franklin County have been calling me a convicted sex offender since 1999. Can I send these people a "cease and desist" notice, to stop libeling me? Can I force them to stop doing this? Can I force the rape case to be reopened to clear my name? (DNA evidence will easily show I am NOT the rapist). What are my options?


Asked on 3/05/10, 10:47 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

You generally can't sue someone for making a statement that is published in court proceedings. Such statements are privilieged, even if incorrect. What you ought to do is determine whether any of the sealed records, are actually not sealed, and how it is that they have been accessed.

You ought to retain counsel in the jurisdiction in which that Family court proceeding tyook place, and have the attorney determine that all such court records are sealed, and or expnged appropriately.

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Answered on 3/11/10, 10:47 am


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