Each State has unique expunction laws. I was convicted in 1997 of felony death by motor vehicle.I was 17. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. I was able to get the arrest expunged in 2012. Domestic Violence Charges and What You Need to Know. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. This includes pending charges, dismissals, PJCs, and convictions. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. Restoration of firearms rights is not in my area of expertise, but take a look at NCGS 14-415.4. Having a proper legal representative I had 1 year of unsupervised probation. You should be eligible if no other convictions besides driving offenses. Wendell, NC 27591 Call Danny now to schedule your appointment. Hi Jason. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. Use of this website or submission of an online form does not create an attorney-client relationship. Also flee to elude was reduced to disorderly conduct? If rejected, where in the process would this most likely occur? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. Sounds like you really need an expunction to get this off your record. But what exactly is an Assault on a Female? 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. In the case of assault, the charges are brought forth by the State prosecution. How to get a simple assault charge dismissed /dropped. I have two different charges misdemeanor larceny and employment benefit fraud. 1997 was 17 years old . My attorney at the time was then able to get me a PJC for the misdemeanor. In 2004 I was found guilty of obtaining property by false pretense. Assault in North Carolina is governed by North Carolina General Statute. It was in Cherokee County, Murphy. The answer is it depends. Is there anyway I can get my record expunged? Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. How are they "Verified"? If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief. Am I eligible for expungment? Paying a fine= pleading guilty. Both charges were dismissed. Both convictions in 2003. Was put on 12 months probation. Hopefully a lawyer could appear on your behalf, but local procedures vary by county. 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. a distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. You should also speak to the clerks at the courthouse about local procedure. 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? The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. 3. Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. 20-146 (d)(1) on one ticket and g.s. Is it possible to have those records sealed because it's keeping me from getting jobs???? It was dismissed but still on my record. Take a look at Form AOC-CR-281. Convictions involving violence are generally not eligible. Is it possible to get this expunged? Do these charges affect my ability to get any of my charges expunged? Not sure why the Court can't tell you- perhaps since eh charge was so old. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. What website do I go to that will have the correct expunction petition/forms?? In 2007 Me an her was charged with a misdemeanor simple assault. It has been around 25 years since then. That's exactly what I was thinking. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. What county are these charges from? Is that your only non-driving related conviction of any kind? What county is this from? thank you. WebSimple assault is usually a misdemeanor. 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? Convictions fees vary from $0 to $175 depending on the statute that applies. I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. Copyright 2017 - 2023 by Coolidge Law Firm | Can I still get the felony expunged? As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. (ie- your misdemeanor assault). I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. 2017 I got a misdemeanor Larceny. Thank you for your response, I was then offered a plea bargain if I accepted a misdemeanor common law uttering. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! Your blog is giving a lot of people some great information. 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. Under the new law can have these expunged? 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I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. I had a misdemeanor-injury to personal property dismissed about a year ago. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. Can I get my conviction expunged and legally own a firearm. 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. I pled guilty on1/03/2008 to the following: Only lower level Class H and Class I and convictions are eligible. 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. I had to pa a fine , do community sevice and 5 yrs probation. gave me the fees straight out on the letter including court costs. 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. There are three different types of assault crimes listed under North Carolina General Statute 14-33. I completed Community Service. It's my understanding I have to wait 10 years after probation ended. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. Contact an attorney in that county to confirm your options and local procedure. Felony larceny dismissed. 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. Those are all felonies, I committed at 16. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. I am so very concerned about this reflecting on my background check and having issues in the future. Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. This happen in Harnett County. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. Thank you. Also, if the deferred prosecution goes through and she completes what the judge requires, will it be considered dismissed under the that? 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. Thank you, RJ. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." This was in 2006in Cumberland County. How many changes can you expunged at one time. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. You really need to reach out to an attorney in the county of the charge to discuss your options as the local DA will likely determine those options. you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA. I would very much like to discuss having my record expunged. Depending on the state, consequences for a juvenile charged with simple assault could include: jail time (to be served in a juvenile facility or, in rare cases, an adult institution) community service probation restitution (repayment) to the victim for medical bills, lost wages, or other expenses) Assault and Battery Charges. I was convicted for common law robbery (Class G felony). What are my options to get this expunged? He has NO charges before or after these charges. . Did you have an attorney when you filed before? An assault on a sports It may be possible if you were under 18. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. 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? (1) Am I correct that this is eligible for expunction under G.S. Can assault be expunged in NC? Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? Saw that sections have been repealed.. Is there any possibility he could get this expunged? 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. For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. 2. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. Talk to a local attorney to find out what judges in that county will sign or not sign. Appointments outside regular office hours are available upon request. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. After conviction, this point is moot. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. I was told that all my charges would be dismissed after completing probation and paying my fines. The State concedes such at the appellate level in North Carolina vs. Jeremy Wade Dew, No. 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. Can my felony and misdemeanor be expunged? You can either file yourself or hire an attorney. All of the legal charges/troubles I managed to acrew was within a three year period. Thanks all the help I can get would be appreciated. If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. I would recommend contacting an attorney in Iredell now to line things up. So even if the victim wants the charges dropped, she does not get to make that decision. For dismissals there should be no wait period. I would recommend speaking with an immigration attorney on this issue. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. 2. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. I was given a court appointed lawyer on the first court date. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. Form 266 may be the only form you need if you meet the requirements. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: This hard rule no longer applies, although there are limitations when prior convictions were expunged. the probation was terminated Thanks. I previoulsy plead guilty. Firearm rights are not in my field of expertise. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. A lawyer handled it and I had no clue it would show on my record until a recent background check. 15A-145(a). It did not affect any employment. Up until rather recently no felony convictions were eligible for expunction. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. I was convicted in 2011 of involuntary manslaughter. I was charged with Class H Felony Identity theft in 2001. The process from start to finish generally takes 9-12 months. Charges i paid court cost and that was it. I received a PJC for embezzlement 22 years ago. It should be eligible if no other convictions other than traffic offenses. Are you applying for a job prior to conviction? Five years of probation sounds much more like a felony than misdemeanor. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. See if you can get the misdemeanor convictions reopened and dismissed. 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. Can I have that removed? I assume this was a conviction- what county is this charge from? Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. If it is a Class H or Class I felony then it should be eligible. How old were you when charged? Commit assault on a family member, though, and its a whole different matter. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Would I be elegible for expungement of this dismissed charge? After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. Completed probation. 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? Nevertheless, you should always check with a local attorney to fully explore all your options. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. Are You Eligible for an Expungement in Charlotte? I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. I was charged with Statutory rape when I was 19 and it got dismissed. If that is your only conviction you should be eligible now. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. (2007) Will I be able to get that expunged? These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one partys version of events. You will need to reach out to an attorney in that county for more guidance. Even if the DA objects the Judge should have the final call. It took place in Lee county, NC. State Bureau of Investigation. 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. I was anxious and nervous about my case from the beginning. The NC SBI is based in Raleigh. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! My son has a Class I felony crimes against nature conviction. 2017. 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. Is it possible to get a expungement? That got expunged. I had a couple of review dates and my final review date was last week. The information you obtain at this website is not, nor is it intended to be, legal advice. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. Felony- lower class I bumped a vehicle there was no damage and took off someone reported it. I want to go to nursing school and I be read many things that say some will take you and some will not. You will be eligible under the new law which goes into effect December 1, 2017. 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 was arrested but not yet convicted . A defendant is immediately eligible for both dismissals and not-guilty dispositions. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. You would need to get that PJC turned into a dismissal. I was in high school, under 18..what are my options ? What county were they from? WebIf you are facing misdemeanor assault charges in North Carolina, or a more severe felony offense charge for assault with a deadly weapon, our Raleigh criminal defense attorney can help. As I told him when we left the court room that morning David, you have changed my life forever. This crime a Class H felony. I wanted to see how can i get these expunged. Thank you in advance.. You should speak with an attorney where the charges originated to determine what options you have at this point. Thank you in advance for your response. Assault is a threat or use of force on another that causes that person to have a reasonable apprehension of immediate harmful or offensive contact.