Legal Question in Criminal Law in Colorado

Misdameanor or Felony

I was charged with Felony Check Fraud for a $7.42 check. I went to court and plead guilty to a misdameanor charge and served 6 months probation and 25 hours community service. When companies do background checks for employment, it shows up as a felony. Should this be showing up as a felony?


Asked on 8/31/04, 3:01 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Misdameanor or Felony

Check fraud of less than $500 is a misdemeanor. Over $500 is a felony. BUT, check fraud of $7.42 can be a felony if "the fraudulent check was drawn on an account which did not exist or which has been closed for a period of thirty days or more prior to the issuance of said check." If your plea was to a misdemeanor, this should not show as a felony conviction, but can show a felony charge. If someone checks but does not fully read the report, they may not realize the felony charge resulted in a conviction of a misdemeanor.

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Answered on 8/31/04, 9:20 pm


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