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Can I go to jail? Will I have a criminal record?

Produced by Patricia Baker and Victoria Negus
Reviewed January 2018

If BSI decides that you committed SNAP fraud and that the overpayment was not just a mistake, you can be prosecuted. 106 C.M.R. § 367.850. If you get notice of a criminal complaint, you should plead “not guilty” and ask the court to appoint a lawyer for you. Legal services programs do not represent people in criminal matters but they may help you and your lawyer figure out whether BSI has correctly computed what you owe.

If you plead guilty or you are found guilty, you will probably not have to go to jail, but the criminal record may make it harder for you to get a job, get credit, or get housing. A criminal record may also cause immigration problems. You may have to pay back the money the court decides you owe. Sometimes the court will delay a final decision as long as you pay back the money according to the schedule set by the court. This is called “continued without a finding.” Be careful not to agree to a repayment schedule you will not be able to keep.

The federal SNAP rules permit you to ask the court to let you pay back the money through public service. 7 C.F.R. § 273.18(g)(7). If you pay the money back or pay the claim through public service, you may be able to get the case dismissed so you don’t have a criminal record.

If the court finds that you committed an IPV, your benefits can be stopped under the SNAP IPV sanction rules. See What if DTA says I have committed fraud or an "IPV"? 106 C.M.R. §§ 367.900, 367.925.

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