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The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. Had charges misdemeanors non violent over 10 years ago. As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. I was convicted in 2009 served 2 yrs for an awdwisi and I havent been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. This can cause issues in terms of employment, school, and financial aid. Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. Thank you in advance for your response. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. You would need to speak with someone in that county to gauge your chances of reopening an old case. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. Were they two separate convictions from different incidents? 921 (a) (33) (2022).) Case from 6 years ago. But he had been to prison for RWDW. Not sure what to do. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. You should speak with an attorney where the charges originated to determine what options you have at this point. Haven't had any charges since. (1) Am I correct that this is eligible for expunction under G.S. I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. I mean 30 years and being a model citizen with not even a traffic ticket? 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. I was charged with breaking and entering and larceny 6 years ago. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Convictions involving violence are generally not eligible. ). It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. The first and only offense I had and will only ever have. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. You would need to speak with a local attorney about having the case reopened and dismissed. The statute does not seem to allow expunction of infractions to which you plea responsible. Search North Carolina General Statutes. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. I know that the dv charges are not eligible for expungment. I am a two-time felony from 91 + 93 can this record be sealed. And with my felony am i eligible to get firearm right back? It is only once. Can I get the resisting arrest expunged now? In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. I was convicted of felony b&e of a motor vehicle. Simple assault is a Class 2 misdemeanor. My husband is military and we are currently stationed in California. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. There is the dwi (bac .06) and and g.s. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. 1. I was told that all my charges would be dismissed after completing probation and paying my fines. will this new law work to get this done now. (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. The Council also declared that the Government of Mizoram would continue to offer shelter to refugees from Bangladesh. I was wondering how bad my situation is. Yes, pending charges do appear on North Carolina criminal records. I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. For felony intent to sell and deliver cocaine.. can it be expunged? You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. I got a few charges back in January of 2015. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. I've got my GED, I have 2 years of Community College, but I did in 2016 get a Posses Schedule 1 charge and am on probation for it currently. I havent had any felonies since. 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. can he hire a lawyer to take it before a judge or DA. I would say you are looking at a 10 year wait period from when probation ends. Did you have an attorney when you filed before? If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. For dismissals there should be no wait period. Therefore, you could be arrested and charged with assault for inciting a bar fight. As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. He's trying to find out if he is eligible to petition to have the charges expunged before he hires a lawyer. Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. Thank you in advance.. And the woman mentioned was the mother of my child and we were married. Both tickets have the same date of disposition (and occurrence). I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? 2. A PJC was used for both the. I would definitely use a local attorney rather than attempt anything on your own. What can I do? Are you saying you were recently charged and the case is still pending? Is my case consided dismissed and eligible for an immediate expungement? Thank you. Thank you. Would that be considered a violent crime? No, under NC law there is no automatic removal of convictions or PJC's. He is intelligent, kind and completely nonjudgmental. WebMisdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. However, there are circumstances in which a Raleigh assault lawyer will be able to negotiate with the DA in advance to allow for an expungement at the conclusion of a deferral agreement. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? What and how is the best and fastest way to get this removed? Of all misdemeanor classifications, a Class A1 is the 2017. This was in 2006in Cumberland County. Was found guilty but given a true PJC. Were they both convictions? The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. (a) Any person who commits a simple assault or a simple assault and battery or participates in a Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. I had so many job offers but each time they run the background they cant accept me if theres any info you can provide that may help please share. How long ago were you convicted of disorderly conduct? In the case of assault, the charges are brought forth by the State prosecution. That being said, it may be possible to change the PJC into a dismissal or not guilty. I completed the probation period of 1 year + community service per the court order. Misdemeanors are punishable by a fine and/or up to 120 days in jail. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. They were all misdemeanors. What county is this from? You would likely have to get the new conviction re-opened and dismissed first. I do well in school and wanna succeed , any chance of that being expunged. Now I am applying to medical school and think this may prevent me from becoming a doctor. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Got a misdemeanor Larceny when I was 16. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. Thank you! Established in 2009, The Chetson Firm strives to get justice for clients. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. Case not dismissed, pled "no contest". I was told that my charge would never be seen again after it go in the system?? Thank you for answering questions. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. Ive gone from Manager to welfare because of this. Site Map. It should be eligible if no other convictions other than traffic offenses. Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! Assault is a violent offense under NC law. 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. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. Thanks all the help I can get would be appreciated. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. 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. 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. I assume this was a conviction- what county is this charge from? Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! What county is this conviction from? I was been told by attorney that if I complete the ALE training program which was 2 hours then the charges will be dismissed and I see on my paperwork it shows VD. Paid what i owed for that. I am not aware of B&E being automatically considered violent in NC. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. All were dismissed. I have a felony conviction of posses schedule VI (principal) in 1994. (So can you answer my question up above. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. 1981 conviction of misdemeanor.2007 conviction of dui. It shows up on background checks as CLASS H felony. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. can refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. It can be difficult to determine whether there is a distinct interruption between alleged assaults. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. Asking for a gal trying to get in nursing school 17 years later. Thank you very much for the information! You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. The nastiness continued throughout the process, and I find this inexcusable. What county were the charges from? Is there any way to get this expunged across the states or do I have to physically appear in person for the process? 15A-145(a). Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. Can I also get this expunged under the new law? I got convicted of Communicating Threat back in 1999. Verbal and No touch crime is not considered battery just assault. Once signed your local county may immediately destroy the file held at the Courthouse. 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. Thanks in advance! There are about 20 different. Do I have to wait until 2022 or anything else be done? Sealing a criminal record is not something I have seen in NC. 20-146 (d)(1) on one ticket and g.s. This field is for validation purposes and should be left unchanged. Appointments outside regular office hours are available upon request. Thank you for the Q/A opportunity, How true is this to a non violent felony? In North Carolina, simple assault is a misdemeanor. I had a breaking and entering and grand larceny charge in 2012. Misdemeanor or Felony? 19 W. Hargett St., Suite 400, Raleigh, NC 27601. It was a class H felony at the time. Not sure why the Court can't tell you- perhaps since eh charge was so old. Does a second degree kidnapping conviction qualify for expungement? I received a PJC for embezzlement 22 years ago. They sent me a letter in the mail explaining that In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. What was the infraction charge? I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. To expunge a dismissal you can't have any felony convictions. Sounds like you are jumping the gun. Could i file for expungement and what forms would i use? 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 Under 15a-145.2 (a) (1) an affidavit by the petitioner? Alibi the alibi defense is used to show the defendant could not commit the crime in question because they were not present or there are witnesses to testify the event did not occur. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. I was giving probation and completed and have not been in any trouble prior or since. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? All charges (even dismissed charges) remain on your criminal record until expunged. Should I also hire an attorney? F. poss if marijuana (56 g) Am i able to reopen that case and get it dismissed in Wayne County NC? That being said, the wait period is likely to grow now that more people will be eligible. It happened 17 years ago. And would there be a waiting period and fee to apply for an expungement? The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Are you applying for a job prior to conviction? at 919-683-9500 or send a message online with your legal questions. Thanks. I believe it could, although I have never encountered that scenario. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. Only lower level Class H and Class I felony convictions are eligible per statute. Excellent Customer Service. Thanks for answering questions! It now has suspended my mass. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. gave me the fees straight out on the letter including court costs. How old were you when the offense was committed? Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? Thank you in advance for any information you can assist with me with! Officially, even if the charge is dismissed as part of a deferral program, the charge cannot be expunged. Multiple convictions from different incidents usually creates a problem. Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? What exactly was this person convicted of? What county is this conviction from? To expunge the larceny by an employee dismissal you can't have any felony convictions. 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. For a first time offender charged with a minor offense deferred prosecution is usually always an option. My understanding is that as long as a Judge will sign it then it will go through. 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. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. 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. If it has been at least 5 years you should be eligible to proceed now. I am worried one stupid mistake may hurt my job chances? Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. If you have been charged with Simple Assault in Raleigh, North Carolina or the Wake County area make sure that you If yes is there a waiting period? Does the defendant have any other convictions? I was 19 at the time. That case was dismissed due to her perjuring(lieing). You should be eligible to move forward on the dismissals now. 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. He is now 25 and has no other brushes with the law.. Not all violent crimes in North Carolina involve actual acts of physical violence. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Both charges will certainly appear on your record. Do you have any other convictions besides driving offenses? Hopefully I never need his services Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. She is an indigent and now does not qualify for housing assistance. Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. i dont have the money to hire an attorney, so im hoping i can do it myself. Is this a case of ID fraud or did you actually receive this ticket? There is generally a 5 year wait period if you were over 18 when the offense occurred. Age: I think it's wonderful that you're reaching out to the community. Hi. Convictions involving violence, such as assault, are not eligible per statute. I was not convicted and it was dismissed without leave. My charge was for simple assault. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. I would suggest speaking with an attorney in that county for assistance. Unfortunately Class A1 convictions are generally not eligible for expunction in NC. If I had a Felony Conspiracy to common law robbery(class h) from 2009. Simply verbalizing or acting in a threatening manner will be deemed assault. 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. 21 years old. The NC Court of Appeals has addressed the issue on more than one occasion. My attorney at the time was then able to get me a PJC for the misdemeanor. What would be your fee to expunge ? I also have a previous charge for the same thing but it was dismissed. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? She (the victim) told me she was coming to court to tell them what happened but didnt show up. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. I have never seen it done with a serious felony, but it is technically possible. I am a resident of Tennessee, i was serving in the Marine Corps at the time. I have a misdemeanor assault (domestic) from 26 years ago. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. They represented me in Court and by midday on the Court date, Regarding this attorney who says you can't expunge a dismissal due to your age- he is dead wrong- and I would recommend hiring a new attorney. A primary goal of, On June 25, 2020 Governor Cooper signed State Bill 562, or the , A petition must be filed in the County Courthouse where the charge originated. I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. This includes pending charges, convictions. Can i get this expunged because it was dismissed but it still shows up. Obtaining property under false pretense. I had a Speeding ticket and they resolved it positively with no If you were able to do that then you could probably get everything expunged. I received a misdemeanor paraphernalia charge in 2014. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. Were you 21 or under when charged- that may trigger a shorter wait period. Common law robbery is a Class G felony. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Also, if you have a record of past criminal convictions, the judge is more likely to impose maximum sentence, especially if prior convictions were for assault as well. This is a Class E felony if there was a serious injury or the intent to kill. You could always try and file- the worst thing that can happen is the Judge refuses to sign. 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. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. Will I be eligible for a expungement after Dec. 1st. What county is this charge from? I called a lawyers office and they told me assault charges cannot be expunged. Can I have that removed? These types of attacks include Simple Affray. That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options. I was at a house party and went into a room and took a laptop. Only 1 Faulty Equipment ticket since then. Wake County. You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions. You should consult an attorney for advice regarding your own individual situation. Any shot with the misdemeanors because I was 21? eelony charges, just like misdemeanor charges stay on your record in NC. I had a misdemeanor larceny charge in 1998 then another in 2014. I would recommend running a criminal record at that time to verify the charge is removed. Thanks. 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.