Excellent Customer Service. Hello Threatening behavior that places Were you age 16 or 17 at the time of conviction? Can two separate Felonise they are over 35 years old and I have no convictions since then. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. Can someone get both expunged, if it was over 20 years ago? I also have a previous charge for the same thing but it was dismissed. What were the convictions? I don't see that as legal advice . It can take up to 12 months to remove a charge from a criminal record in NC. The citation was technically for violating a town ordinance against open containers of alcohol in public. There was actually no breaking and entering. I paid all of restitution 4,000 before probation. License. The expunction process due to the backlog generally takes 9-12 months to finalize. 2. I have a simple possession of marijuana charge from 2012. I am reading up on the expungement process, as these are keeping me from finding employment in my field. Will I be eligible at any point to have the FELONY expunged? WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. I have printed my petition for expungment as from what I have read I qualify to try for it. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. Would I be eligible to expunge all charges. I plead guilty to two class F felonies and two class I felonies 18yrs ago. Related Article: Felonious Assault Both were at the same time 11/2009. Any person who commits a simple assault, or a simple assault This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. What does Assault with a Deadly Weapon mean? North Carolina I have been told that it can not be expunged but i found G.S. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). What can I do? Thanks Jason. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. I got a Misdemeanor Larceny when I was 28 back 2015 Can it be expunged now and how if so how much will it cost? 03/12/2001 Carrying Concealed Weapon Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. The 5 year misdemeanor wait time starts to run after probation is completed. North Carolinas New Expungement Law: What You Need Simple assault is a Class 2 misdemeanor. Whether a pardon, sealing, or expungement of my record? 4 months later in 2013 pled no contest to misdemeanor larceny. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. I was convicted in 2011 of involuntary manslaughter. Multiple felony convictions in different years are usually a problem. What county were these convictions from? Attorney fess vary greatly by county for most things. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. Only lower level Class H and Class I felony convictions are eligible. The petition must be filed in the county where the charge originated. This includes pending charges, dismissals, PJCs, and convictions. WebSimple Assault/Assault and Battery Charge If the victim does not need medical attention for their injuries, and no aggravating factors are present, you will face simple assault Thank you, RJ. Would she be a candidate for getting it expunged from her record? WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! The answer is maybe. Multiple convictions from different incidents is usually a disqualifying factor. Help!! Reach out to an attorney where the charges originated. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. I was only convicted of the hit/run when there was absolutely NO evidence against me. Would I be eligible under the new law and is it five years from conviction date or completion of probation? An assault on a sports These were questions I thought of after I spoke with the lawyer on the phone and I didn't want to call back to ask since he seemed so busy. There is no wait period for dismissed charges. Got a misdemeanor Larceny when I was 16. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. at 919-683-9500 or send a message online with your legal questions. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. In North Carolina, simple assault is a misdemeanor. Every question I asked the arresting officers response was "I do not recall". If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). RESTORATION OF FIREARM RIGHTS. I completed Community Service. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP This was 19 years ago. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Court date is coming up in April. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. Multiple convictions from different years is a problem. So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. Thank you very much for your help! Thanks! Can I get this expunged or dismissal? Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. 1997 was 17 years old . I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. No trouble since then. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. No convictions since. The charges were not filed by him but the officer who I called at that time. Thanks, When a record is expunged the charge will be removed from your official State criminal record. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. This is exactly what I thought to not pay anything. Communicating Threats of Violence Is I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. And once expunged will it still show up on background checks/will it be counted against me still? (So can you answer my question up above. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it . Hi, I was convicted of a dui/death by vehicle and served 37 mos. I want to go to nursing school and I be read many things that say some will take you and some will not. I had deferred prosecution, and successfully completed my community service. For criminal cases there may even be an outstanding. It sounds like the lawyer you spoke with gave you good advice. The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. The first and only offense I had and will only ever have. I dont want to spend another $1000 to be told no again. Will I be eligible for expungement and when? Surprise! Of all misdemeanor classifications, a Class A1 is the most serious. Convictions involving violence are simply not eligible per statute. Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. Nothing since then. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. CLASS F FELONY. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. We are honest, aggressive and compassionate. Any dismissed case is eligible for expunction assuming you have no felony convictions. Home Criminal Charges Violent Crimes Assault. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. . Obtaining property under false pretense. I was convicted of a class H felony in 2008. Penalties for simple assault and battery can include jail time, probation, community service, and fines. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. You would need to speak with someone in that county to gauge your chances of reopening an old case. Does the defendant have any other convictions? If your civil rights are restored can a person legally apply for a concealed weapon permit? 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all. This stopping me from getting employment. I sent comment previously please ignore that. Were these convictions from the same incident? Does it go from when you are charged or how long they drug it out. 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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!?! That being said I would certainly recommend filing to clear your record. To misdemeanor. Not sure what to do. Thank you! A dismissed charge should be eligible. Were they all convictions? I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Iredell county- NC If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. NC AGGRAVATED ASSAULT My felony conviction date will reach its 10 year mark on 4/20/19. If no felony convictions you should be at least eligible to expunge your dismissals. Misdemeanor Assault Charges in North Carolina - Gilles Law, PLLC It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. Did you not have a lawyer originally on this case? The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. I was 17 at the time and its really hindering my ability to get a decent job. Thank you in advance.. Yes, pending charges do appear on North Carolina criminal records. I'm trying to find any information in being able to remove misdemeanors from my record. Feb. 25, 2023 Arrests. Hello Mr. Witt, I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. If you have FTA's then you should hire an attorney to have those FTA's removed- doing so on your own from another state will be difficult to impossible. WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. Dismissed with leave in NC means the prosecutor the later revive the charge. 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. 21 when I was convicted. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. Simple Assault in Raleigh NC - Dewey Brinkley Law I do not have the answer to that question. Assault by Strangulation NC Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. That being said, it may be possible to change the PJC into a dismissal or not guilty. He should followup with an attorney in the county where the charge orientated. It would depend on exactly what traffic offenses. In 2004 I was found guilty of obtaining property by false pretense. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. How long would it take? In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. My husband is military and we are currently stationed in California. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. are in need of Legal Services. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. Convictions involving violence such as assault are not eligible. WebN.C.G.S. And how do,you get the initial judges signature to start process ? This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. they all have method of disposition descr: waiver-clerk not sure what that means. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. 1981 conviction of misdemeanor.2007 conviction of dui. I made a mistake in 2007 driving with 3 beers in me - I was .08. What would be your fee to expunge ? Any error can lead to a major delay, in an already lengthy process. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. You would need to speak with a local attorney to find out if that is even a viable option. Case from 6 years ago. Assault Charges People may be charged with assault simply for threats or shows of force that make alleged victims feel as though they are at risk of physical harm. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. Assault Main concern is background checks for employment. He has NO charges before or after these charges. Verbal and written threats will contribute to the charge. Every one of the charges ended in a voluntary dismissal. 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?? I believe the assault PJC would need to be changed to a dismissal to be eligible. Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I aint get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor. Would that be considered a violent crime? Reach out to an attorney or the Courthouse in that county to find out local procedure. I was 21 at the time of the charge and it's been over 5 years since disposition in court. Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? I was even able to reach Only lower level Class H and Class I felony convictions are eligible per NC statute. Simply verbalizing or acting in a threatening manner will be deemed assault. I have had a perfect record since then, own a business, etc. I'm thinking I may can file on my own, should I hire an attorney for this situation? I have 5 misdemeanor charges ranging from 2005 - 2016. When I was 16, which was 2012, I committed a numerous amount of charges. Only lower level Class H and Class I felony convictions are currently eligible under NC law. This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Will I be eligible for expungement? They represented me in Court and by midday on the Court date, I had a couple of review dates and my final review date was last week. There is no wait period for dismissals or findings of not-guilty. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. I was 21 whenever I was charged with felony larceny by employee. felon on board .. causes no trouble not perfect lolol. You might want to take a look at AOC-CR-264. I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? Do I have a chance to appeal those convictions? That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. Is there a chance to expunge just the misdemeanor? I had to pa a fine , do community sevice and 5 yrs probation. State Bureau of Investigation. Site Map. I think it's wonderful that you're reaching out to the community. Is it possible that I can get this expunged. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. I was told you would probably need clear evidence of innocence to do that. can i get these expunged? Don't forget you will also have to pay a $175 filing fee. That's exactly what I was thinking. What kinds of punishments can an alleged offender be sentenced to? Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? North Carolina Criminal Statute of Limitations Laws Assault With a Deadly Weapon. I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record. This information does not infer or imply guilt of any actions or activity other than their arrest. North Carolina Misdemeanor Assault and Battery Charges Thank you in advance for any information you can assist with me with! I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. Wesley Keith Hudson, 43 was arrested on charge of Failure to This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. They were both misdemeanors. This individual has had no other interactions with the law and completed all probational conditions with no infractions. 2. One. Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. Is it possible to get this expunged? You should be eligible to move forward on the dismissals now. I received a pjc on misdemeanor assault on a female in february 2001. I have a house in my name but she lives there. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. During the same year I recieved assault charge and simple affray from fights in high school. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. Depending on the charge, the new expungement law stipulates wait periods ranging from 12 months to 10 years for those under age 22 at the time of the conviction. South Lenoir High teacher facing assault charges against two Each case is different. What are my options to get this expunged? Hello. But I took a plea for Crime Against Nature. Although an expunction should remove the charge from your official State record there are private databases that may still retain data even for expunged records. Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. North Carolina has a number of different classifications for assault cases. Under the new law multiple dismissals are certainly eligible. when i was 16 in 2001 i was charged with assualt on a minor and in 2003 i was charged with possession of and intent to sell and deliever cocain.
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