If that is your only conviction you should be eligible. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. Can anything be done with those? How many changes can you expunged at one time. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. It is only once. What are my expungement options? No, under NC law there is no automatic removal of convictions or PJC's. If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. You should reach out to a local attorney to see if you have any options such as reopening the case. So when should I be able to get all expungement. To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. Would this type of case be eligible for expungement? See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. I bumped a vehicle there was no damage and took off someone reported it. Take a look at Form AOC-CR-281. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. You would be facing an uphill battle on that one especially if the victim objected. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. I'm 21. Main concern is background checks for employment. The charges were dismissed. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. How long would it take? Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. which were only 2 months apart. I filed assault charge on a friend of mine who punched me during an argument . North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. 20-158 (d)(1) on a second ticket. Had 5 years probation. Also if you don't mind could you tell me what you think the worse is that could happen? for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. 2. or should I attempt to do it before probation is completed? David immediately showed his support and listened with an empathetic ear. Coolidge delivered on all that he promised and more. Would she be a candidate for getting it expunged from her record? Is there any way to get this expunged across the states or do I have to physically appear in person for the process? My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. Im 38 yrs old, never in trouble before that or after. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. The first felony would not be eligible due to subsequent convictions. Ultimate rejection occurs when the Judge refuses to sign off on the Order. The police called him back to the scene and told him the law stated that someone had to be arrested. I would recommend running a criminal record at that time to verify the charge is removed. We would like to have all of them expunged. Each case is different. What county was the conviction from? The charge was dismissed but it still shows up on my criminal record. I always recommend having an attorney when negotiating with the DA. That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. Can a person get an expungement if they have done what was ask of them from death by car? Excellent Customer Service. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. I am now 35 with only a couple speeding tickets since. I caused no accident, I never had any arrest prior or since. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. Thank you. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. What county are these charges from? I am now 43 yrs old. I've since had a DWI charge that was dropped. Convictions involving violence are simply not eligible per statute. (ie- your misdemeanor assault). Was the assault charge dismissed or were you convicted? 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. The only felony convictions that are eligible are lower level Class H and Class I. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. Am I eligible for expunction? If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). How old were you when charged? I hired him twice for two different cases that I had They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. You would need to determine exactly what Class felony of which you were convicted . I do well in school and wanna succeed , any chance of that being expunged. So we actually have a slight chance. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. There are three different types of assault crimes listed under North Carolina General Statute 14-33. I should be off probation in 2019. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Does the DWI void any opp at expungement? The new law has a 5 year wait period assuming you have no other convictions. I was not convicted and it was dismissed without leave. Can i get the Class I PWIS conviction expunged? 1. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. It took place in Lee county, NC. The NC Court of Appeals has addressed the issue on more than one occasion. I was told to complete community service. If I had a Felony Conspiracy to common law robbery(class h) from 2009. If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. Can I get an expungement on the larceny? Older DWI's can still be considered by the court as a regular aggravating factor. My question is am I eligible for expungement in wake county after 5 years for misdemeanor per new law enacted in dec 2017. i.e. You should be eligible as the driving offense is not a disqualifier. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. Then again they may hold the later felony conviction against you. To misdemeanor. I have had no other infractions other than a speeding ticket in 1999. I already know it will be dismissed . No convictions since. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. 336-379-0539. This was in 2006in Cumberland County. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR Search North Carolina General Statutes. I have a felony conviction of posses schedule VI (principal) in 1994. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). In 2007 Me an her was charged with a misdemeanor simple assault. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. Hi. Booking Date: 3/3/2023. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? WebA person can be charged with an A1 misdemeanor, punishable by 1-60 days in jail, if he commits an assault, assault and battery, or affray and: Assaults a female if he is a male of at least 18 years of age. It will be up to the prosecution to determine if a plea deal will be offered. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. I highly recommend. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. Do you have any other convictions of any kind? I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. Since that older charge is relatively minor and likely could have been dismissed if you hired a lawyer at the time the DA may be open to dismissal. So are you saying I need to just ask for a dismissal and not pay the fines. Also, not having a job I was not able to pay my fine and still owe. (18 U.S.C. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. him after hours through phone calls, texts, and email. Convictions involving violence, such as assault, are not eligible per statute. The expunction process due to the backlog generally takes 9-12 months to finalize. Thank you for answering questions. During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. Will the DA tell me what form I need? Blacks Law Dictionary also refers to an assault as, popularly, any attack.. Any of these options will take many months and unfortunately, will cost money. It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! You will be eligible under the new law which goes into effect December 1, 2017. The attorney states he is very confident this case will be dismissed. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Can I get this expunged off my record. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. What can I do? 1. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. WebWhen simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. I'd like to get my CCW License but can't because of the Communicating Threat conviction. Thanks in advance for your response. Don't forget you will also have to pay a $175 filing fee. I was told I couldn't get it sealed or espunged bc is two convictions is that true? They sent me a letter in the mail explaining that I have had a perfect record since then, own a business, etc. Assaults an employee or officer of the State when that person is in an official capacity. That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Only lower level felony convictions are eligible. I was convicted for common law robbery (Class G felony). Talk to a local attorney to find out what judges in that county will sign or not sign. Domestic Simple Assault in North Carolina. How can I determine class? Thanks! I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. 14-318.2. Can I get these charges expunged, and what form do I use to expunge these charges? You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success. Also can I get all these removed all at once?). What was the outcome of the charges? What county is this conviction from? And is there a website that dumbs these statues down for us non-lawyer folks out here?? Can I have my record expunged early? Only lower level Class H and Class I felony convictions are eligible per statute. No attorney-client relationship is created in this forum. Unfortunately Class A1 convictions are generally not eligible for expunction in NC. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP the probation was terminated Of all misdemeanor classifications, a Class A1 is the This stems from an argument where the neighbors call because they were arguing. 2 class A misdemeanors, 1 violent from same incident. What can I do? Is there anytgany I can do to get my gun rights restored? it has been at least 7 years since the charge. There is no wait period for dismissals or findings of not-guilty. First thing is get approved for deferred prosecution and then get the case dismissed. Wake County. I would certainly recommend hiring an attorney. What if you were convicted with one misdemeanor of possession but were charged with 3 counts of misdemeanor possession 2 counts of evading 1 count of misdeanor poss of malt bev and 2 counts of poss of parafanalia, do you think I could get my record expunged? WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. See if you can get the misdemeanor convictions reopened and dismissed. Can me and my friend / wife / co-defendant hire the same lawyer? If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. Were you age 16 or 17 at the time of conviction? Multiple convictions from different incidents creates a problem. Multiple felony convictions in different years are usually a problem. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? There is a 10 year wait period to remove felony convictions. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. Convictions involving violence for offenders over age 18 are not eligible.under NC law. Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. (919) 365-6000. Verified simply means they were notarized. I believe it could, although I have never encountered that scenario. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. I have printed my petition for expungment as from what I have read I qualify to try for it. In 2015 I got a dwi that was vd by the court and looks like it could be expunged. Will I be eligible for expungement? Thanks all the help I can get would be appreciated. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. You should speak with an attorney where the charges originated to determine what options you have at this point. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. Never heard of someone being charged with two paraphernalia charges from the same incident. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. that's not fair. Did you plead guilty to disorderly conduct in 2014? What county is this from? In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). Having a proper legal representative I had 1 year of unsupervised probation. I am still happily married to the same woman. Feb. 25, 2023 Arrests. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. I hired an attorney and paid $1000 for an expunged record.. All I was told was that I didnt qualify which makes no sense considering how old I was the time and how long it has been. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. Is there a way to have the conviction expunged or dropped to a misdemeanor? Hello, my friend will have an assault charged dismissed soon, he is over 18. He plead guilty. Monday-Friday 9:00am 5:00pm In 1996 I was 24 And was found guilty of felony possession of marijuana. And new. Sorry this is so long but I look forward to hearing from you soon :-). Thank you so much! I received probation and a 250 dollar fine. If the accused hires an attorney, there is the cost for the legal fee. For criminal cases there may even be an outstanding. Had a DWI a few months later while in Drug Court. I have nothing else on my record. Can I get that charge expunged? (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. Try contacting an attorney in Guildford county to see when you are eligible to file. I am charged with a misdeameanor. You could always try and file- the worst thing that can happen is the Judge refuses to sign. So with your Witt law pa attorneys do they do help with expungements? If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. Thank you! I have no inside information when new forms will be released. they all have method of disposition descr: waiver-clerk not sure what that means. Did you have an attorney when you filed before? Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. First time dismissals were eligible even under the old law. Felony larceny dismissed. Your blog is giving a lot of people some great information. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. Therefore I the Class G conviction will likely disqualify you from any expunction. In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. Use of this website or submission of an online form does not create an attorney-client relationship. Can I get these expunged? We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G .I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G. Class G felony convictions are simply not eligible per NC statute. The wrong DA on the wrong DA could end in disaster. I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. It was in my car, I stayed in jail for 7 months. Wendell, NC 27591 921 (a) (33) (2022).) Now today (October 6, 2022) am I eligible for expungement. I was charged with breaking and entering and larceny 6 years ago. The NC Court of Appeals has addressed the issue on more than one occasion. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. Sounds like you are jumping the gun. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. I was convicted of B.E and B.E. Was the time on that petition changed any with the new bill? If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do?? Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. Not sure what no longer had jurisdiction over you because probation had expired means. The Law Office of John C. Fitzpatrick handles traffic violations, criminal defense, personal injury matters, power of attorney, and wills in the North Carolina counties of Durham, Harnett, Wake, Orange, Person, Alamance, and Johnston - including the cities of Durham, Chapel Hill, Pittsboro, and Lillington. I pled guilty to unauthorized use of a vehicle. Class H B&E North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. Thank you for your response, For dismissals there should be no wait period. Did you talk to someone about the MAR on the old bad check conviction? got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record. The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. Charges never automatically drop off a record after a certain number of years. First charge ever convicted in 2015. Several forms were updated and/or eliminated in April, 2018. Due to this, there can be confusion on what those charges actually mean. The following convictions listed below are not eligible. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! Class D felony convictions are not eligible for expunction. Thank you very much for your help! Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) My husband is military and we are currently stationed in California. Its been 22 yrs and ive paid a lot of dues. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. Any person who commits a simple assault, or a simple assault That was my only time every getting in trouble and have been trouble free since. I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? i was in my early 20's at the time. Willing to try anything.
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