Legal Question in Criminal Law in Texas

Charged with a Class A Misdemeanor

I recently found out I had a Class A Misdemeanor charge on my record for fraud insufficient funds.In 1996 I had wrote a bad check and it was a check for about 220.00 Long story short... I was arrested and taken to jai. l I paid my debt off in full right away I did not know it would go on my record as a criminal offense and a class A offense. How could they charge me with a Class A? I really don't get it? I want to know how I can find out why and and how or if I can get it cleared off my record? I found out of the charge because I was working in a day care and they do criminal checks. Please tell me what I can do Makes it kind of hard to get a job with this kind of charge on my record PLEASE HELP


Asked on 11/14/04, 8:59 am

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: Charged with a Class A Misdemeanor

In 1996, the Legislature changed the theft law's to the format of a ladder if you will, i.e., the larger the amount of money the more severe the punishment. In other words, in your case the amount of the check that you wrote was more than $50 but less than $500 should have been a Class B misdemeanor and not a Class A Misdemeanor. However, a Class B misdemeanor is still punishable by fine and/or jail time or both. Since it is a theft, it is considered a crime of moral terpritude, and will cause problems in getting a job. If you did exactly as you say you did, i.e., pled out paid the fine and the restitution, then you received a final conviction. If this is the case to my knowledge you will not be able to expunge this from your record or seal it either way. The first thing I would do is go the courthouse and get certified copies of the records from the case to see exactly what the records show. If it shows you charged with Class A instead of Class B, I would talk to an attorney in my area about getting at least that correction made.

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Answered on 11/16/04, 9:38 am


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