FBI Definition Of A Felony?

[JTLampe]

Can someone please let me know what actually constitutes a Felony according to the FBI NCIC database? I was convicted of 5 cts misdemeanor bad check when I was 18 yrs old. Respectively, In a plea agreement, I received 12mo, 7mo, 7mo, 7mo and 7mo sentences that ran consecutively. 3yrs 4months cumulative sentence. It is my understanding that for a person to be considered a felon by the federal government they must have been found guilty of a crime that carries a sentence over 12 months. I was convicted of 5 separate misdemeanors that do not meet that criteria.

My name has been kept off of voter rolls for the last 30 yrs, and I was denied a firearm by the ATF in 2013, and I was denied entry into the armed services after background results.

Limiting an individual's constitutional rights for 30 yrs because he plead guilty to 5 misdemeanor bad checks when he was 18 seems a bit extreme. Especially since I have committed no crimes since this ea agreement.

 

[bcr229]

When you failed FBI NICS in 2013 did you go through the appeals process?

https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/nics/national-instant-criminal-background-check-system-nics-appeals-vaf

 

[JTLampe]

When you failed FBI NICS in 2013 did you go through the appeals process?

https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/nics/national-instant-criminal-background-check-system-nics-appeals-vaf

When you failed FBI NICS in 2013 did you go through the appeals process?

https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/nics/national-instant-criminal-background-check-system-nics-appeals-vaf

I did not. I was very busy with work, and just ahad a new kid.Didn't seem worth the hassle at the time.

 

[quincy]

Can someone please let me know what actually constitutes a Felony according to the FBI NCIC database? I was convicted of 5 cts misdemeanor bad check when I was 18 yrs old. Respectively, In a plea agreement, I received 12mo, 7mo, 7mo, 7mo and 7mo sentences that ran consecutively. 3yrs 4months cumulative sentence. It is my understanding that for a person to be considered a felon by the federal government they must have been found guilty of a crime that carries a sentence over 12 months. I was convicted of 5 separate misdemeanors that do not meet that criteria.

My name has been kept off of voter rolls for the last 30 yrs, and I was denied a firearm by the ATF in 2013, and I was denied entry into the armed services after background results.

Limiting an individual's constitutional rights for 30 yrs because he plead guilty to 5 misdemeanor bad checks when he was 18 seems a bit extreme. Especially since I have committed no crimes since this ea agreement.

What is the name of your state?

A felony offense is defined as any federal, state, or local offense punishable by death or a term of imprisonment exceeding one year, regardless of the actual sentence imposed.

Here is a link to the United States Sentencing Commission’s Sentencing Guidelines, with information on how criminal history is computed:
https://guidelines.ussc.gov/gl/§4A1.2

 

[JTLampe]

What is the name of your state?

It was in Maryland. The convictions dont even show in case search any longer.

What is the name of your state?

A felony offense is defined as any federal, state, or local offense punishable by death or a term of imprisonment exceeding one year, regardless of the actual sentence imposed.

Here is a link to the United States Sentencing Commission’s Sentencing Guidelines, with information on how criminal history is computed:
https://guidelines.ussc.gov/gl/§4A1.2

Thats what I've read so far. If someone commited 5 misdemeanors and received 12 months(the maximum sentence) or less for each crime over time, he would not be considered a felon. I received 5 misdemeanors with consecutive terms. So they classify me as a felon. Is their cause to fight this, or am I crazy? Kinda defeats the purpose of taking a plea agreement for misdemeanors.

 

[JTLampe]

It was in Maryland. The convictions dont even show in case search any longer.

Thats what I've read so far. If someone commited 5 misdemeanors and received 12 months(the maximum sentence) or less for each crime over time, he would not be considered a felon. I received 5 misdemeanors with consecutive terms. So they classify me as a felon. Is their cause to fight this, or am I crazy? Kinda defeats the purpose of taking a plea agreement for misdemeanors.

Thanks. These guidelines answered my question.
"If there is no intervening arrest, prior sentences are counted separately unless (A) the sentences resulted from offenses contained in the same charging instrument; or (B) the sentences were imposed on the same day. Treat any prior sentence covered by (A) or (B) as a single sentence. See also §4A1.1(e).

For purposes of applying §4A1.1(a), (b), and (c), if prior sentences are treated as a single sentence, use the longest sentence of imprisonment if concurrent sentences were imposed. If consecutive sentences were imposed, use the aggregate sentence of imprisonment."

So if you are a dumb 18 yr old kid and write 2 bad checks under $300, get charged with misdemeanors at the state level, and sentenced over 12 months for the crimes , the federal government will take away your constitutional rights and label you a felon. Doesn't seem right.

 

[quincy]

It was in Maryland. The convict

Thats what I've read so far. If someone commited 5 misdemeanors and received 12 months(the maximum sentence) or less for each crime over time, he would not be considered a felon. I received 5 misdemeanors with consecutive terms. So they classify me as a felon. Is their cause to fight this, or am I crazy? Kinda defeats the purpose of taking a plea agreement for misdemeanors.

It appears that your bad check convictions could be expungeable in Maryland. In trying to clean up your criminal records, this is where I would start.

To expunge:
https://www.courts.state.md.us/sites/default/files/court-forms/ccdccr072br.pdf

Here is a link to expungeable offenses in Maryland (scroll to page 5, see if §8-103 fits your check crimes):
https://mdcourts.gov/sites/default/files/court-forms/courtforms/joint/ccdccr072g2.pdf/ccdccr072g2.pdf

You might want to speak to a local attorney to make sure you are eligible for the expungement of your records and if this alone can get you where you want to be.

 

[JTLampe]

Thanks. They are expungeable. Maryland even changed their laws in 2021 to automatically expunge these crimes after 3 yrs. I still had to take carer of mine myself since they were prior to 2021.

I actually mailed all of my expungement paperwork in today. Once I receive the determination (DA can object), I will tackle my NCIC report. I've just had a suspicion all these years that the NCIC database was classifying me incorrectly, and wanted to get clarification. It appears they were not. This seems extremely unfair to me.

Just to make sure I am understanding these guidelines correctly; Say a state can impose a 6 month sentence for jaywalking. I receive 3 separate citations for jaywalking, decide to ignore all 3 and a warrant is issued. If I am arrested and at court I am given the maximum consecutive sentences for all 3 (18 months total), I will be flagged as a felon in NCIC. Is that correct?

 

[quincy]

Thanks. They are expungeable. Maryland even changed their laws in 2021 to automatically expunge these crimes after 3 yrs. I still had to take carer of mine myself since they were prior to 2021.

I actually mailed all of my expungement paperwork in today. Once I receive the determination (DA can object), I will tackle my NCIC report. I've just had a suspicion all these years that the NCIC database was classifying me incorrectly, and wanted to get clarification. It appears they were not. This seems extremely unfair to me.

Just to make sure I am understanding these guidelines correctly; Say a state can impose a 6 month sentence for jaywalking. I receive 3 separate citations for jaywalking, decide to ignore all 3 and a warrant is issued. If I am arrested and at court I am given the maximum consecutive sentences for all 3 (18 months total), I will be flagged as a felon in NCIC. Is that correct?

No. Jaywalking is an offense where the penalty is a fine. No jail time.

I suggest you don’t get into hypotheticals.

 

[bcr229]

If someone commited 5 misdemeanors and received 12 months(the maximum sentence) or less for each crime over time, he would not be considered a felon. I received 5 misdemeanors with consecutive terms. So they classify me as a felon. Is their cause to fight this, or am I crazy? Kinda defeats the purpose of taking a plea agreement for misdemeanors.

No, this is not correct. The fact that the total sentence was consecutive and over 12 months isn't the trigger to be considered a felony. The trigger is that at least one of the crimes for which you were convicted could potentially have resulted in a sentence over 12 months for just that one crime is the trigger. The judge could have issued a sentence with no jail time and only probation or restitution but because the violation had a max possible sentence of over 12 months it's treated as a felony.

I don't know if you are a working with an attorney on this but you can ask for a referral over at MDShooters as there are other people in your situation.

Finally, even if you get the expungement that data isn't automatically sent to NICS by the courts. The process to send derogatory info is automated, the process that would remove derogatory data (like an expungement) I believe is still manual.

 

[Taxing Matters]

Can someone please let me know what actually constitutes a Felony according to the FBI NCIC database?

It isn't just felonies that get entered into the NCIC. Justice Department Regulations state the records to be included are:

§ 20.32 Includable offenses.​

(a) Criminal history record information maintained in the III System and the FIRS shall include serious and/or significant adult and juvenile offenses. ​

​

(b) The FIRS excludes arrests and court actions concerning nonserious offenses, e.g., drunkenness, vagrancy, disturbing the peace, curfew violation, loitering, false fire alarm, non-specific charges of suspicion or investigation, and traffic violations (except data will be included on arrests for vehicular manslaughter, driving under the influence of drugs or liquor, and hit and run), when unaccompanied by a § 20.32(a) offense. These exclusions may not be applicable to criminal history records maintained in state criminal history record repositories, including those states participating in the NFF.​

28 CFR 20.32(a) & (b). The federal statute setting up the collection of criminal records by the FBI is not helpful as it provides no definition. As I read the misdemeanors that "serious and/or significant" may also be included because the regulation is broad and doesn't specify that only felonies are to be used. I don't know if your offenses fall into the category being serious and/or significant. I also don't know what the law was at the time of conviction. It may be different now, and that affects what had to be reported. You may want to ask a lawyer in the state in which you were convicted if your offenses were reportable at the time of conviction and if those records may still be kept in the NCIC system.

 

[quincy]

No, this is not correct. The fact that the total sentence was consecutive and over 12 months isn't the trigger to be considered a felony. The trigger is that at least one of the crimes for which you were convicted could potentially have resulted in a sentence over 12 months for just that one crime is the trigger. The judge could have issued a sentence with no jail time and only probation or restitution but because the violation had a max possible sentence of over 12 months it's treated as a felony.

I don't know if you are a working with an attorney on this but you can ask for a referral over at MDShooters as there are other people in your situation.

Finally, even if you get the expungement that data isn't automatically sent to NICS by the courts. The process to send derogatory info is automated, the process that would remove derogatory data (like an expungement) I believe is still manual.

It is definitely possible that an error was made in the data that was transmitted by the state. It would be important to check that any corrections are made to any errors and that, if expungement is granted, that this is entered properly into the NCIC database.

Having an attorney in Maryland review the criminal record would be smart.