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Is Check Fraud a Felony or a Misdemeanor

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  • 10-26-2013, 06:48 PM
    iluvtolaff
    Is Check Fraud a Felony or a Misdemeanor
    My question involves criminal law for the state of: Texas

    (wasn't sure what to post this under)


    30 years ago, at the age of 30 and a foolish idiot, I was caught writing a hot check (no bank account) for around $150.00 for merchandise at a department store.

    I was arrested, spent the night in jail, released the next morning after a hearing (I'd never done anything illegal before or since) and paid the fines and restitution. No probation.

    Was that considered a felony or a misdemeanor? Would it still be on my record?

    Thank you.
  • 10-26-2013, 07:07 PM
    cdwjava
    Re: Hot Check = Felony or Misdemeanor
    Quote:

    Quoting iluvtolaff
    View Post
    My question involves criminal law for the state of: Texas

    (wasn't sure what to post this under)


    30 years ago, at the age of 30 and a foolish idiot, I was caught writing a hot check (no bank account) for around $150.00 for merchandise at a department store.

    I was arrested, spent the night in jail, released the next morning after a hearing (I'd never done anything illegal before or since) and paid the fines and restitution. No probation.

    Was that considered a felony or a misdemeanor? Would it still be on my record?

    Thank you.

    You'll have to run your record to find out how it was disposed of.

    http://www.txdps.state.tx.us/adminis.../pages/faq.htm

    Check question #1 for links to sites and a doc to assist.
  • 10-26-2013, 07:11 PM
    Bubba Jimmy
    Re: Hot Check = Felony or Misdemeanor
    Today it would likely be a misdemeanor under Section 32.41 of the Texas penal code. No idea if it was a felony in 1983. You'd have to contact the clerk of courts in the county where you were charged.
  • 10-26-2013, 07:19 PM
    cbg
    Re: Hot Check = Felony or Misdemeanor
    Items don't drop off a criminal history they way they do a credit history.
  • 10-26-2013, 07:40 PM
    iluvtolaff
    Re: Hot Check = Felony or Misdemeanor
    Quote:

    Quoting cdwjava
    View Post
    You'll have to run your record to find out how it was disposed of.

    http://www.txdps.state.tx.us/adminis.../pages/faq.htm

    Check question #1 for links to sites and a doc to assist.

    Thank you both. :)

    I ran a search (thanks for the link) but the arrest record doesn't show whether it was a felony or misdemeanor.

    It says:

    COURT OFFENSE LITERAL FORGERY BY PASSING
  • 10-26-2013, 09:08 PM
    Bubba Jimmy
    Re: Hot Check = Felony or Misdemeanor
    Ah, well, forgery is typically a felony. That's not simply writing a check on a closed account. If a website doesn't tell you if it was a felony then you will have to...

    ...contact the clerk of the court where the charge was brought. Like I said. Today's statute may be entirely different than 1983 and I'm not able to research that for you, particularly since you are providing only the cryptic label from the website and not the actual statute you were charged under. That makes all the difference, but the clerk of court can tell you.

    What is the need to find this out? Job application? Bar application? Something else?
  • 10-27-2013, 08:31 AM
    iluvtolaff
    Re: Hot Check = Felony or Misdemeanor
    This is all the info shown in the report:

    Arrest Detail Arrest Date 2/23/1982 (Charge *001)
    Sequence Code A
    Arresting Agency Dawson Co So Lamesa Tx
    Offense Record Internal Agency Person Number 19327
    Arrest Offense Forgery (Free Text) (25000000)
    Arrest Offense Literal Forgery by passing
    Court Status A Court Offense Forgery (Free Text) (25000000)
    Court Offense Literal Forgery by passing
    Court Disposition Convicted (310)
    Court Probation 5Y
    Court Provision Literal Fine 2-4-83
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    I am marrying a Canadian in April and will be applying for Permanent Residency there, not Citizenship, just the right to live there.
  • 10-27-2013, 09:13 AM
    flyingron
    Re: Hot Check = Felony or Misdemeanor
    Did you really have five years probation? Almost certainly a felony (or as they say up north, an indictable offense).
    Residency, hell you'll need a certificate of rehabilitation even to enter as a tourist.
  • 10-27-2013, 09:44 AM
    iluvtolaff
    Re: Hot Check = Felony or Misdemeanor
    No, I didn't have 5 years of probation. I don't remember the circumstances, but I didn't have to report anywhere.

    I've been visiting Canada (3 times) for the past year and a half with no problems. I have a valid US Passport.
  • 10-27-2013, 09:52 AM
    flyingron
    Re: Hot Check = Felony or Misdemeanor
    Forgery by passing is a state jail felony when it involves a check. I suspect you actually did have a 5 year probation (even if you weren't supervised). Still counts as an indictable offense though even if Canada has not yet caught it (your passport is immaterial). People with these ancient offenses are suddenly finding themselves turned away at the border these days as the electronic records make their way to the great white north. I suggest you have a good (Canadian) immigration lawyer involved.
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