Legal Question in Criminal Law in Texas

My fiance was convicted 7 years ago for a forgery felony case, he served 50 days in Jail , not prison, 5 years probation and 200 hours community service. This was His first offense. I am wondering if this was an actual felony case or a misdemeanor case and if it will be on his record forever?


Asked on 3/09/12, 10:54 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Depends upon what he forged. Here is the range of punishment under the statute:

(c) Except as provided in Subsections (d) and (e) an offense

under this section is a Class A misdemeanor.

(d) An offense under this section is a state jail felony if

the writing is or purports to be a will, codicil, deed, deed of

trust, mortgage, security instrument, security agreement, credit

card, check, authorization to debit an account at a financial

institution, or similar sight order for payment of money, contract,

release, or other commercial instrument.

(e) An offense under this section is a felony of the third

degree if the writing is or purports to be:

(1) part of an issue of money, securities, postage or

revenue stamps;

(2) a government record listed in Section 37.01(2)(C);

or

(3) other instruments issued by a state or national

government or by a subdivision of either, or part of an issue of

stock, bonds, or other instruments representing interests in or

claims against another person.

If he was sentenced by a County Court at Law, the case was a misdemeanor. If he was sentenced by a Criminal District Court, it is more likely that the case was a felony.

Convictions stay on his record unless he gets a pardon. Once he receives a pardon he can get the conviction expunged from his record.

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Answered on 3/10/12, 8:04 am


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