Legal Question in Criminal Law in Kentucky

if you had to go to court over a returned check how does that show up on your record


Asked on 10/18/11, 8:46 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

Depends on what court you went to.

If the returned check was actually a cold check, and the person you gave it to filed a criminal complaint, that is either a misdemeanor or a felony depending on the amount of the check. Misdemeanors can be expunged from your record; felonies cannot. Often times for bad checks, the county attorney will dismiss the charge if it was a misdemeanor and the check/court costs are paid. Mistakes happen; people accidentally use checks out of an old check book, or when having trouble with the bank, close their account, erroneously believing all outstanding checks had cleared. If the charge is dismissed with prejudice, it can be expunged 60 days later. Otherwise, the charge can be expunged 5 years later, provided there are no additional violations. However, if the charge is a felony, the county attorney may not agree to dismiss, but certainly you would want to ask to plead to a misdemeanor instead and pay the check. Diversion may be possible as well.

However, if there weren't criminal charges filed, it may just be that the person to whom you wrote the returned check sued you in district civil to recover the amount you owe. That does not appear on your criminal record, and is only of record at the clerk's office.

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Answered on 10/19/11, 11:24 am


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