Gresham was charged with one felony count of false swearing and one felony count of false statement in filing a notice of candidacy in the grand jury indictment, according to Newton County District Attorney Ken Wynne.
When Gresham filed qualifying paperwork to run for a seat on the BOE last year he indicated he did not have a previous felony conviction of "moral turpitude." In fact, Gresham had been convicted of felony sodomy in DeKalb County in 1988 and served just under 10 months of a one-year sentence at Rivers State Prison before being released on May 14, 1989. In addition to one year in prison, Gresham was also ordered to serve 11 years on probation, making him ineligible to seek office until 2010.
Gresham chose to continue to seek office, despite controversy after his past convictions came to light. He withdrew his candidacy by letter mere moments before a special hearing in front of the Board of Elections to decide his eligibility.