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-   -   Welfare Fraud Felony type (https://www.askmehelpdesk.com/showthread.php?t=96088)

  • May 26, 2007, 09:29 PM
    calmgren2
    Welfare Fraud Felony type
    I would like to know if anyone can tell me what type of Felony Welfare Fraud is? I was charged with it 16 years ago.
    I am looking to expunge my records to pursue better employment.

    Thanks
    Cma
  • May 26, 2007, 09:37 PM
    Clough
    What type of felony it is would depend on where you live. It would be helpful to know where you live in order to answer the question more thoroughly.
  • May 26, 2007, 09:40 PM
    shygrneyzs
    Felony Welfare Fraud is committed when any person obtains or aids and abets an applicant or recipient in obtaining or attempting to obtain by means of a willfully false statement or misrepresentation or by impersonation or by any other fraudulent device any class of welfare assistance to which the applicant or recipient is not entitled or any class of welfare assistance in excess of that to which the applicant or recipient is justly entitled where the aggregate value of all funds or other benefits fraudulently obtained or attempted to be obtained is in excess of $500.00. The only distinction between the misdemeanor offense of welfare fraud and the felony offense of welfare fraud is the amount of benefits illegally or fraudulently obtained.

    This is a long article but it explains the levels of fraud as related to class of felony:
    FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
  • May 26, 2007, 11:44 PM
    Clough
    shygrneyzs, your quote as to what the definition of Felony Welfare Fraud is, is from the State of West Virginia. The case law that you have cited in the link is in regards to New York State.

    Each state has a different definition and laws as they pertain to welfare fraud.

    And where I live, there are different levels, or if you will, types of felonies, like class I, II, III or IV.

    So, it does make a difference, and subsequently would be good to know, as to where the original poster lives as to the type of felony committed in regards to whether they will be able to get their records expunged.

    Whether it is a misdemeanor is contingent upon the laws where they live. And, whether a misdemeanor conviction can be expunged is also contingent upon the laws where the original poster lives.
  • May 27, 2007, 07:08 AM
    excon
    Hello c:

    It doesn't make any difference. Just apply and they'll give it to you or not. You'll need a lawyer, though. THAT will make a difference.

    excon
  • May 27, 2007, 08:43 AM
    Fr_Chuck
    I agree with excon, what difference as to what type is is or was, your own state may have changed the laws as to the rating of a law. And some states don't even use classes of felonies.

    All you want to do is get it explunged, so you hire an attorney, in the area where the court is that gave the sentence. They file a motion with the court to have ti explunged, they will produce evidence that you have not been in any more trouble, that you have worked steady, maybe increased your education and have been a good citizen.

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