Amerikaner83 Posted December 22, 2007 Report Share Posted December 22, 2007 Hey y'all - Got a hypothetical I'm not sure of the answer to...If someone has a paid collection (restitution) as the result of a felony conviction (let's say Oregon State).....and the underlying conviction is then expunged or set aside...what does that do to the collection account upon a dispute?I would venture to think that the CA would not be able to "verify" if requred to per Section 623 of FCRA...am I thinking on the right line? Link to comment Share on other sites More sharing options...
Moriah4 Posted December 22, 2007 Report Share Posted December 22, 2007 If it were expunged the record should not be there period. Set aside there may still be a record of it hanging around some where not sure. Might want to check the court records to verify that it was actually gone.BlessingsMoriah Link to comment Share on other sites More sharing options...
willingtocope Posted December 22, 2007 Report Share Posted December 22, 2007 I would guess that like the "who's going to pay off the CCs" agreement in a divorce, one court has little to do with the other. I'm thinking that having the felony expunged from your court records has no bearing on the TL on your credit reports. Worth a try, but, I'm betting the TL has a life of its own. Link to comment Share on other sites More sharing options...
nascar Posted December 22, 2007 Report Share Posted December 22, 2007 one court has little to do with the other. I don't think so either - civil v. criminal. Link to comment Share on other sites More sharing options...
Freak Posted December 22, 2007 Report Share Posted December 22, 2007 If the conviction was expunged, and the record has any reference to the conviction or reason the TL then there, then it seems you would have a chance with a dispute. Not 100% sure though. Link to comment Share on other sites More sharing options...
Rick9972 Posted December 22, 2007 Report Share Posted December 22, 2007 If someone has a paid collection (restitution) as the result of a felony conviction (let's say Oregon State)I am afraid that in this case the simple accounting record requirements will get you. Yes the conviction is gone, however the accounting records for the restitution is not. When CRA disputes, that dispute goes to the collections department which still has full access to the collection records.Could be wrong but that is how I see it. Worth a shot though, sometimes you get lucky. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 22, 2007 Author Report Share Posted December 22, 2007 The conviction itself was a criminal...restitution was part of the deal. Didn't know - never informed - the restitution would show up as paid collection on my CR. DVed them after the fact - they never responded. AG complaint got them to respond with the "case register", which is the summary of the case. I figured that since the conviction is actually SEALED, not destroyed...that it wouldn't be able to be verified anymore... and I've been disputing and disputing until I got the "previously verified" from EX...so they are sticking.oh well - i'ts only on EX and scheduled to be gone in 2010. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted December 23, 2007 Report Share Posted December 23, 2007 As I understand a criminal record being expunged, no one, not even an officer of the court, is supposed to have access to any records from the conviction.If that is true, then a collctor should not be able to use those records as validation and if they did, I would not be surprised if you could file a complaint with the court that did the conviction/approved the request to expunge.It would also seem to me that an amount "owed" due to criminal activity simply is not a "debt", paid back or not so I'm not sure its existance is appropriate to ever be on a credit report.Interesting question for sure. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 23, 2007 Author Report Share Posted December 23, 2007 Well the court said it'd take "up to 3 months" for the request to seal the records to filter down...and I have the CA Prez's name and addy from the AG complaints....so I will dig a little bit and maybe send him a letter informing him the "alleged" crime has been declared not to have happened, so he can't verify any investigation requests.Probably do that in March Link to comment Share on other sites More sharing options...
zfire Posted December 23, 2007 Report Share Posted December 23, 2007 It becomes a money judgment and is collected by the Department of Revenue, but payment of the restitution in full would be something the State would demand before they would consider expungement. It isn't automatic. The State can fight it if the person hasn't paid. I actually sent this thread to someone who works in the Oregon court system,and the above was their answer.z Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 23, 2007 Author Report Share Posted December 23, 2007 Right. It was paid way back in 2003. It was also a condition of my moving out of Oregon and back to WA. The Court already granted the Expungement. the issue is the reporting of the collection of the resuitution on my CR after the Expungement has been fully processed. Link to comment Share on other sites More sharing options...
rmuse00 Posted December 23, 2007 Report Share Posted December 23, 2007 I thought I read a post by Methuss where he mentioned reporting of a "non" credit transaction could be argued as being a violation of the FCRA? I think he was referring to parking tickets? Maybe he'll chime in on this. Link to comment Share on other sites More sharing options...
zfire Posted December 23, 2007 Report Share Posted December 23, 2007 Yes, the credit reporting agencies pick it up when it is first handed down, and they will show it for 10 years. And then the DOR can renew it if he hasn't paid it.-------------------------------That said, doesn't mean they actually will do this...does it?Things do get lost, right? z Link to comment Share on other sites More sharing options...
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