I had a Speeding ticket and they resolved it positively with no Do you have multiple convictions in different years- 2012 and 2017? I was charged with assault with deadly weapon. 24 years ago . Serious Injury an injury that potentially requires medical attention. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. Class E felony convictions are simply not eligible. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. I was told that my charge would never be seen again after it go in the system?? Yes, pending charges do appear on North Carolina criminal records. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. (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. I am a two-time felony from 91 + 93 can this record be sealed. State Bureau of Investigation. Will this automatically come off my record or will I have to get this expunged? That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility. I received a pjc on misdemeanor assault on a female in february 2001. Possession and maintaining a dwelling. An active punishment involves incarceration in prison or jail, an intermediate punishment is a sentence of supervised probation that may involve a period or periods of confinement, and a community punishment is any sentence other than an active punishment. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. That's the only misdemeanor I recall. A dismissed reckless should be eligible if no felony convictions. Of all misdemeanor classifications, a Class A1 is the They are all misdemeanors.The 3 misdemeanors were in all 1 occurrence and they were in Mecklenburg County and the 1 was an assault charge that occurred in Stanly County in 2011 that was dismissed. Can someone get both expunged, if it was over 20 years ago? Thanks. 3 were dismissed, one reduced to misdemeanor disorderly conduct. Any advice? Talk to an attorney in the county where the convictions originated to sew how best to proceed.. felon on board .. causes no trouble not perfect lolol. It's been so long ago and I have done many things to prove I am a different person now and have character references. Charges dismissed prior to December 2020 appear on North Carolina criminal records. If the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. Mecklenburg County. I don't see that as legal advice . If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. For felony intent to sell and deliver cocaine.. can it be expunged? 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. Will I be able to ever get it expunged? That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. Im 38 yrs old, never in trouble before that or after. My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . Thank you very much for the information! Only lower level Class H and Class I felony convictions are eligible per NC statute. I received a flee to elude felony class H conviction at 18. Any of these options will take many months and unfortunately, will cost money. What do I need to do get this expunged? Possess schedule II (principal) Firearm rights are not in my field of expertise. I pled guilty in 2011 and received one year of probation. The expunction process due to the backlog generally takes 9-12 months to finalize. 1981 conviction of misdemeanor.2007 conviction of dui. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. I am 44 years of age. Upon conviction, a person could be sentenced to 60 days in jail for a first offense and up to 150 days in jail for a second or subsequent conviction. Unfortunately Class A1 convictions are generally not eligible for expunction in NC. It was dismissed but still on my record. Blacks Law Dictionary also refers to an assault as, popularly, any attack.. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. You will be eligible under the new law which goes into effect December 1, 2017. He will listen to you and is so very supportive. InNorth Carolina v. Littlejohn, 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. (So can you answer my question up above. You should be eligible to move forward on the dismissals now. See if you can get the misdemeanor convictions reopened and dismissed. How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses I caught a cocaine charge in 1993, it wasnt even a gram. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. How many years ago was the conviction? Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense. It sounds like the lawyer you spoke with gave you good advice. Every one of the charges ended in a voluntary dismissal. You should be eligible as the driving offense is not a disqualifier. I plead guilty to two class F felonies and two class I felonies 18yrs ago. There was actually no breaking and entering. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. Can I have that removed? I was searching to find out more about the expungement process when I found your blog. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. What county is this charge from? This field is for validation purposes and should be left unchanged. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. I was told to complete community service. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. All charges were dismissed. I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! In the time since now, a law has changed making my b&e unable to be expunged. I was 21 at the time of the charge and it's been over 5 years since disposition in court. What can I do? Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. What was the actual conviction? WebMisdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. I have 5 misdemeanor charges ranging from 2005 - 2016. I got a certificate of relief. We are trying to get 4 charges expunged. WebExpunging a Drug Charge in NC. I got a few charges back in January of 2015. I was charged with Statutory rape when I was 19 and it got dismissed. I live in Charlotte. Did you have an attorney when you filed before? Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. Hello, my friend will have an assault charged dismissed soon, he is over 18. Raleigh Law Office (919) 615-2473. Are there specific forms you might recommend that I can use to eliminate this from my record? North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. Class I for felony I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. It took five years for them to finish my case. If rejected, where in the process would this most likely occur? I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Had 5 years probation. Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still dont have a clue about. Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. Due to having a criminal background I have not been able to find a job in almost 7 years. Thank you so much! Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. Are you saying you were recently charged and the case is still pending? 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 know before it was at east 5 years of waiting. WebSimple assault is a misdemeanor offense in North Carolina. Paying a fine= pleading guilty. What makes this charge unique is that if a female assaults a male, she is usually charged with misdemeanor simple assault unless there are serious injuries. Thanks for answering questions! As part of the same initiative, House Bill 280. , which goes into effect on December 1, 2019, raises the minimum age to be charged as an adult to age 18 for most non-violent offenses. Yes this just happened on Feb. 25th. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. The evidence presented by the State must prove or show. I was convicted of concealment of goods (roughly $8.00) im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. For a first time offender charged with a minor offense deferred prosecution is usually always an option. What to Do If Youre Charged With Fighting or Public Affray in North Carolina. I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. If it is a Class H or Class I felony then it should be eligible. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. I was over 21 y/o when the incident occurred. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. First time dismissals were eligible even under the old law. I was charged with Simple Assault when I was 16. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. It happened 17 years ago. They are reflected as pending charges.. So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. It was in Northampton County, looking for advice on the matter. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. I was 21 whenever I was charged with felony larceny by employee. The police called him back to the scene and told him the law stated that someone had to be arrested. Reach out to an attorney where the charge occurred. All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. Monday-Friday 9:00am 5:00pm You would need to speak with a local attorney to find out if that is even a viable option. For repeat offenders, jail time can reach 60 days. I would very much like to discuss having my record expunged. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. The statute does not seem to allow expunction of infractions to which you plea responsible. WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. Then when I was released, Immigration had me sign a letter stating 20 years must pass before entering the country again My questions are, What are my chances of having my felony expunged now since over ten years have passed? 2 felonies dismissed in 2013. About 15 years ago I was charged with a class I felony b&e in Cabarrus county. Thank you very much for your help! That being said, my understanding after speaking with the powers in Raleigh is that if you can convince a Judge to sign off on an expunction they will process it regardless of whether it meets the statutory requirements. Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. No, under NC law there is no automatic removal of convictions or PJC's. The conviction was from 1990 when I was 17 years old. If it was a felony conviction- what class? The convictions were in 2003. Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? Can I also get this expunged under the new law? And the woman mentioned was the mother of my child and we were married. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. I had deferred prosecution, and successfully completed my community service. They offer to take down the page for a modest fee, but most of these sites do have disclaimers the fee is waived if you provide a certified expungement order. Simply verbalizing or acting in a threatening manner will be deemed assault. You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. During the same year I recieved assault charge and simple affray from fights in high school. Are all these convictions? First charge ever convicted in 2015. Under the new law, is the 15 year expungement no longer possible? I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. So when should I be able to get all expungement. Felony larceny dismissed. What county is this conviction from? When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. Can this be expunged? If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. 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. WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. 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? You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. Case from 6 years ago. If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. First, are you seeking employment from a job that requires extensive background checks? I have never heard of someone trying to expunge an infraction. Is there absolutely no way to get this expunged? The criminal defense lawyers at Gilles Law can provide you with insight into your charges. You could try now, but technically you might have to wait until May. What are my options to get this expunged? No longer in NC and have no plans to ever return. Can i get the Class I PWIS conviction expunged? You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. My felony conviction date will reach its 10 year mark on 4/20/19. My husband is military and we are currently stationed in California. Is Character Evidence Admissible to Prove Wrongdoing? It was later reduced to misdemeanor assault on female in 2012. There is generally a 5 year wait period if you were over 18 when the offense occurred. I was only convicted of the hit/run when there was absolutely NO evidence against me. Under the new law there are no restrictions for dismissals. F Maint/Dwell/plce/vhec 2. It should be eligible if no other convictions other than traffic offenses. This happen in Harnett County. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. I forgot to ask.. for the current misdemeanor charges.. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. An assault on a sports If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. I have printed my petition for expungment as from what I have read I qualify to try for it. I read and hear that expunge cannot happen twice. 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. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. What website do I go to that will have the correct expunction petition/forms?? Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. There is also no fee to erase a not-guilty verdict. I have a hit and run misdemeanor on my record. They even I was convicted of B.E and B.E. If you have been falsely charged with assault, assault with a deadly weapon or sexual assault, then our Raleigh criminal lawyers are only a call away. I have had a perfect record since then, own a business, etc. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. Due to this, there can be confusion on what those charges actually mean. Therefore, you could be arrested and charged with assault for inciting a bar fight. 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. The charges were not filed by him but the officer who I called at that time. 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. Hes handed several matters for You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Patrick Megaro billed himself and his firm as the Appeal Law Group and took his huckstering ways on the road, from state to state, locale, Below is the statement the Memphis Police Department released about the beating of Tyre Nichols. Dismissed with leave in NC means the prosecutor the later revive the charge. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. Further, the North Carolina General Assembly does not appear to enable a victim to charge someone with multiple counts of simple assault for every punch thrown during a fight. 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. No jobs are wanting to give me a chance at all. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). That being said, the wait period is likely to grow now that more people will be eligible. Do I have a chance to appeal those convictions? Although this crime can be committed in a domestic situation, this is not always the case. My husband desperately want to join the military. I'd like to get my CCW License but can't because of the Communicating Threat conviction. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. He plead guilty. That was my only time every getting in trouble and have been trouble free since. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. Your blog is giving a lot of people some great information. 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? I would recommend speaking with an immigration attorney on this issue. Am I able to file the petition now or shall I wait till 5/6/18. I was 17 years old. Assaults an employee or officer of the State when that person is in an official capacity. The answer is maybe. I have 2 charges. You would likely have to get the new conviction re-opened and dismissed first. With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. Both charges will certainly appear on your record. But is this reduced charge considered as a dismissal? Is that your only non-driving related conviction of any kind? As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. And would there be a waiting period and fee to apply for an expungement? I finished it all on 5/5/13. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. He should followup with an attorney in the county where the charge orientated. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. Even misdemeanor convictions involving violence are not eligible per NC statute. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Wake County. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? This includes both convictions and dismissals prior ro DEcember 2020. Did you plead guilty to disorderly conduct in 2014? All charges (even dismissed charges) remain on your criminal record until expunged. This field is for validation purposes and should be left unchanged. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. The following convictions listed below are not eligible. That is why she had the protective order. Is there a chance to expunge just the misdemeanor? Is it possible to get this expunged? Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. I am trying to pull together information and put together a letter for the governor about this issue. I was 17 at the time and its really hindering my ability to get a decent job. Hi, I was convicted of a dui/death by vehicle and served 37 mos. I've briefly spoken with an attorney on the phone (I'm guessing he didn't have time available to meet with us), but he said he would appear on her behalf and go for a deferred prosecution or have it continued depending on the judge that was residing.

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