Tampering With A Government Record Charge In Texas? A Former Prosecutor Breaks Down The Law (2022)

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Have you been arrested, charged or are currently under investigation for the criminal offense of Tampering with a Government Record? If you are facing the criminal charge of Tampering with a Government Record, it is critical that you call an experienced Fort Worth criminal attorney that will thoroughly investigate your case and ensure the best possible outcome for your case is achieved.

As a former prosecutor with the Tarrant County District Attorney’s Office, I have the experience and expertise to aggressively defend you from criminal prosecution for the crime of Tampering with a Government Record.

What must be proven to sustain a conviction for Tampering with a Government Record?

Under Texas Penal Code, Section 37.10, the following elements of Tampering with a Government Record must be proven beyond a reasonable doubt by the State of Texas:

A person commits an offense if he knowingly makes a false entry in, or false alteration of, a governmental record; makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record; intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record; possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully; makes, presents, or uses a governmental record with knowledge of its falsity; or possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

Criminal Consequences of Tampering with a Government Record
Normally, Tampering with a Government Record is classified as a Class A misdemeanor punishable by a term in the Tarrant County jail of up to 1 year and up to $4,000. However, if the Tarrant County District Attorney’s alleges that you acted with intent to defraud or harm another, you may be charged with State Jail Felony, punishable by a term in a state jail facility of not more than 2 years but not less than 180 days and up to a $10,000 fine.

Tampering with a Government Record may be punished as a third degree felony if it is proven that the government record was a public school record, report, or assessment instrument required under Chapter 39, Education Code, or was a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor’s intent is to defraud or harm another, in which event the offense is a felony of the second degree (punishable by a term in prison of not more than 20 years but not less than 2 years).

Defenses To Tampering With A Government Record

Lack of Criminal Intent

Analyzing the Tampering With A Government Record statute under the Texas Penal Code reveals that the government is required to prove intent under every variation of the crime. Let us look at it again:

A person commits an offense if he knowingly makes a false entry in, or false alteration of, a governmental record; makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record; intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record; possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully; makes, presents, or uses a governmental record with knowledge of its falsity; or possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

As you can see by the bolded and italicized section above, the tampering of the government record must be done with “knowledge” or with “intent” that it be used unlawfully. You must either know of its falsity or you must have knowledge that it was obtained unlawfully.
00:00 How To Beat A Tampering With The Government Record Case In Texas
01:23 Tampering With The Government Record
02:35 Punishments Of Tampering With The Government Record
05:53 Defenses To A Tampering With The Government Record Case

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