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.
Re: Hot Check = Felony or Misdemeanor
Quote:
Quoting
iluvtolaff
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.
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.
Re: Hot Check = Felony or Misdemeanor
Items don't drop off a criminal history they way they do a credit history.
Re: Hot Check = Felony or Misdemeanor
Quote:
Quoting
cdwjava
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
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?
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.
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.
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.
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.