Ask Experts Questions for FREE Help !
Ask
    calmgren2's Avatar
    calmgren2 Posts: 1, Reputation: 1
    New Member
     
    #1

    May 26, 2007, 09:29 PM
    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
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
    Uber Member
     
    #2

    May 26, 2007, 09:37 PM
    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.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
    Uber Member
     
    #3

    May 26, 2007, 09:40 PM
    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
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
    Uber Member
     
    #4

    May 26, 2007, 11:44 PM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    May 27, 2007, 07:08 AM
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    May 27, 2007, 08:43 AM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is a Court Martial a Felony or Misdemeanor or Felony [ 6 Answers ]

Is a Court Martial a Felony or Misdemeanor or Felony. I see many questions on this topic... please post my input. A summary Court Martial is not a felony conviction period! There is nothing in the military to equate a Court Martial to a felony or misdemeanor conviction. The federal courts look...

Daughters welfare [ 2 Answers ]

Hi, I have a 17month old daughter and up until January 2007 the mother and I were very close. She is an alcoholic. I have reason to believe that she drinks to cope with some abuse that happened to her, this is a little sketchy though. I would have married her but I found it difficult to cope with...

Bd on welfare [ 1 Answers ]

The father of my children beat me to file custody papers, now even though he does not have full custody. I have my kids every weekend and in the minute order the judge said who ever had the kids at the time supports them. Well he has been on welfare for quite a while now and I just learned that...


View more questions Search