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?
1 Answer from Attorneys
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.
Related Questions & Answers
-
My wife and I have been collecting foodstamps in Houston,Tx for the last 8yrs,... Asked 3/08/12, 6:08 pm in United States Texas Criminal Law
-
My question is can i be held responsible for a lost wallet that got misplaced at... Asked 3/06/12, 3:07 pm in United States Texas Criminal Law
-
How to file for a pr bond and what all do i need to send in to my district clerks... Asked 3/06/12, 1:31 pm in United States Texas Criminal Law
-
Is it a violation of the texas penal code if a person spits into another persons... Asked 3/06/12, 1:04 pm in United States Texas Criminal Law