Legal Question in Criminal Law in Texas

offense: false report yo peace officer

offense desc: misdemeanor

disposition date: 01/21/1994

state code: tx

source id: travis

disposition: conviction

sentence comments: community supervision 180 days Employed since 1993 the company ran a background check on me because I applied for another position within the company I was fired on 10/05/10 because I checked the box stating I had never been convicted of a felony and they said I had falsified a statement. My question is.... whether this offense is a misdemeanor or a felony?


Asked on 10/07/10, 9:45 am

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

As you seem to know already, this offense is a class b misdemeanor carrying up to 180 days in jail or up to 2 years of probation. It is not, under any circumstances, a felony.

You may want to provide your company with the text of penal code 37.08 (Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:

(1) a peace officer conducting the investigation; or

(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.

(c) An offense under this section is a Class B misdemeanor.). Alternatively, you may consider contacting a local employment attorney about this matter

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Answered on 10/12/10, 10:37 am


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