If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. There are about 20 different. Both were at the same time 11/2009. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. And once expunged will it still show up on background checks/will it be counted against me still? As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. I was in high school, under 18..what are my options ? I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. Received 5 years probabtion which was ended after one year. I have never seen it done with a serious felony, but it is technically possible. 200 North Pine Street then between 2000 and 2002 had some misdemeanor worthless checks. John-. Any person who commits a simple assault, or a simple assault and battery, or participates in a simple affray (public fighting) is guilty of a Class 2 misdemeanor. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Only lower level Class H and Class I and convictions are eligible. He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. Am I reading the law incorrectly? Charges never automatically drop off your record. 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!?! Asked him about and expungement, he stated I wasnt eligible because of my age. My husband is military and we are currently stationed in California. and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. So we actually have a slight chance. Assault With a Deadly Weapon. When can a person be charged with this type of crime? Both tickets have the same date of disposition (and occurrence). Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. Nevertheless, you should always check with a local attorney to fully explore all your options. DWI's within the prior 7 years are a grossly aggravating factor. The perpetrator claims that he had gone to siphon gas from the overturned lorry but could only manage to fill one bottle amidst the mob. (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. While it is a misdemeanor charge, even simple assault with a deadly weapon should still be treated very seriously, as it will remain on your permanent criminal record. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? I'm 21. . A Class A1 misdemeanor assault with a deadly weapon crime is punishable by up to 60 days in jail for a first offense and up to 150 days in jail if the accused has prior convictions. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. If the charge resulted in a conviction the wait period depends on the age and charge. 04/07/2002 Obtain Property by false pretense by writing a worthless check As an example, ashow of forceorattackcan 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. Is there any way to use the PTSD diagnosis to expunge this? 21 years old. 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. As I told him when we left the court room that morning David, you have changed my life forever. How many years ago was the conviction? 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? He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. Can I get this expunged or dismissal? You would likely have to get the new conviction re-opened and dismissed first. Thank you. 1 How Much is Bail For Simple Assault? I filed assault charge on a friend of mine who punched me during an argument . Class F is considered a serious felony and convictions are not eligible for expunction. Does it go from when you are charged or how long they drug it out. Also the other co defendants got it completely dismissed. Ive done nothing but improve my life since. What does Assault with a Deadly Weapon mean? While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. I assume this was a conviction- what county is this charge from? Dismissals are free to file. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? 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? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? I also had several charges dismissed. This myth may originate from laws in other states, but does not apply in North Carolina. I was not arrested for this incident . I have one misdemeanor larceny conviction from 2004 after my 18th birthday. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. That being said I would certainly recommend filing to clear your record. , 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. I plead guilty to a conspiracy to commit RWDW in. 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. Charlotte Criminal Defense and DWI Lawyer. Along with the 287 form, could you tell me which other forms I would need? will expunging my non violent felony allow me to buy/own firearms legally again? Hes handed several matters for Thank you so much! That case was dismissed due to her perjuring(lieing). Your only remedy at this point may be a pardon from the governor. Would need way more information to answer that question. The nastiness continued throughout the process, and I find this inexcusable. Class A1 misdemeanor convictions are explicitly excluded from the definition of "non-violent" charges and hence are not eligible for expunction for those over age 18 on the date of offense. 2. I only handle Union and Mecklenburg. Will I be eligible under the new law? Coolidge delivered on all that he promised and more. Talk to a local attorney to find out what judges in that county will sign or not sign. I haven't been in any trouble before nor after this charge. This crime a Class H felony. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Should I also hire an attorney? Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. I havent had any felonies since. I am charged with a misdeameanor. They represented me in Court and by midday on the Court date, Was charged with an assault in a female 9 yrs ago due to lies told by x wife. Thanks Jason. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. Could I apply for removal of the felonies. 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. Yes. i have a hit&run conviction 22yrs ago. For criminal cases there may even be an outstanding. 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. What county is this from? my husband got a felony lerceny charge in 2008 and done his time and has not got into trouble since but he cant get any good jobs because of this. Charges i paid court cost and that was it. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. 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. Is that possible with 1 count of trafficking cocaine? I do not have the answer as to whether it will allow you to obtain a gun permit. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. Monday-Friday 9:00am 5:00pm This can cause issues in terms of employment, school, and financial aid. I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. I was 17 at the time and its really hindering my ability to get a decent job. You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. What county is this charge from? Perhaps you could file under 15A-145(a) but it appears at least the DA can object. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the (a) Any person who commits a simple assault or a simple assault and battery or participates in a Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Expunction of records when charges are dismissed or there are findings of not guilty. Can this be expunged? Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? The clerks can't give you legal advice- what county is this from? are in need of Legal Services. I finished it all on 5/5/13. i was in my early 20's at the time. I was charged with assault with deadly weapon. That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) Is there any possibilities to work out something? Prosecutors and law enforcement will have access to records. In addition to misdemeanor assault charges, North Carolina recognizes many types of felony assault charges. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. What are my options to get this expunged? 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. 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! Do I have a chance to appeal those convictions? The policy of law enforcement in Wake County is that if the police are called, someone must be charged, even if there was no laying of the hands or any physical contact. That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Excellent Customer Service. Read the statute for the required language. For straight dismissals or after successful completion of the. I was convicted in 1997 of felony death by motor vehicle.I was 17. Do these charges affect my ability to get any of my charges expunged? Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. If it has been at least 5 years you should be eligible to proceed now. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. 4. In 1996 I was 24 And was found guilty of felony possession of marijuana. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. Simple assault is classified as a Class 2 misdemeanor. David Coolidge is a wonderful attorney! As a Board Certified Specialist in State and Federal Criminal Law, Damon Chetson is one of the top trial lawyers in Raleigh with dozens of successful outcomes in jury trials and hundreds of positive results for clients. I was charged with breaking and entering and larceny 6 years ago. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G .I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G. Class G felony convictions are simply not eligible per NC statute. Is it worth getting my recorded cleared? There is no wait period for dismissals or findings of not-guilty. This stopping me from getting employment. I am 44 years of age. Therefore, you could be arrested and charged with assault for inciting a bar fight. Call Danny now to schedule your appointment. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Is there anytgany I can do to get my gun rights restored? What are the steps if I am eligible for an expungement. That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. Raleigh, NC 27612 Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. If you have been charged with simple assault, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options. I am reading up on the expungement process, as these are keeping me from finding employment in my field. It will be up to the prosecution to determine if a plea deal will be offered. Am i able to reopen that case and get it dismissed in Wayne County NC? I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. But if a male assaults a female, he is charged with a higher level crime. Even a simple assault can carry a maximum jail sentence of 30 days. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. If that is your only conviction you should be eligible now. This includes both convictions and dismissals prior ro DEcember 2020. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? Is this elegible for expungement or motion for apropriate relief? You would need to get that PJC turned into a dismissal. What is a Criminal Summons in North Carolina? or should I attempt to do it before probation is completed? I wanted to see how can i get these expunged. Class H convictions are eligible under the right conditions. The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. This was my charges Thank you. Is that a correct assumption? And would there be a waiting period and fee to apply for an expungement? she never showed up for court and they charged me even thought she assaulted me. The charges were not filed by him but the officer who I called at that time. Class D felony convictions are not eligible for expunction. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. The State concedes such at the appellate level in North Carolina vs. Jeremy Wade Dew, No. points on my Driver License. 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 was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket. 2017 I got a misdemeanor Larceny. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. The evidence presented by the State must prove or show. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. I would talk to a new attorney in the county. No longer in NC and have no plans to ever return. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. Take a look at the newly created AOC-CR-287 for dismissed charges. Simple assault is the least serious assault charge in North Carolina. What can I do? Due to having a criminal background I have not been able to find a job in almost 7 years. Would the new law allow me to successfully have the arrest cleared? I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Only H and I felony convictions are eligible per statute. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. The result is automatically regarded as a sexual assault. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. Its been 22 yrs and ive paid a lot of dues. I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? After i completed that, i was eligible for an expungement. Multiple convictions from different incidents creates major issues. To expunge the larceny by an employee dismissal you can't have any felony convictions. Under 15a-145.2 (a) (1) an affidavit by the petitioner? Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. It took five years for them to finish my case. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. Procedure varies by county. Nothing ever just falls off your record in NC due to age. I was told that my charge would never be seen again after it go in the system?? Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Will this clear me to get my permit? WebNew Jersey: According to N.J.S.T 2C 12-1, most simple assaults are classified as disorderly person offenses, which are punishable by up to 6 months in jail and $1,000 in I have a hit and run misdemeanor on my record. Am I able to file the petition now or shall I wait till 5/6/18. Would I still be eligible for expungement despite that worthless check? Paying a fine= pleading guilty. Reach out to an attorney or the Courthouse in that county to find out local procedure. 20-146 (d)(1) on one ticket and g.s. There is no specific crime of domestic violence in our state. I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? Would I be elegible for expungement of this dismissed charge? 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. Commit assault on a family member, though, and its a whole different matter. In 2015 I got a dwi that was vd by the court and looks like it could be expunged. I sent comment previously please ignore that. If it is a Class H or Class I felony then it should be eligible. And how do,you get the initial judges signature to start process ? I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. eelony charges, just like misdemeanor charges stay on your record in NC. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. Crazy because the assault on a female was dismissed. The rationale seems odd and incongruent with a 7 year look back period. Under the new law, is the 15 year expungement no longer possible? Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Does this mean to get it expunged? can i get these expunged? It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. Although this crime can be committed in a domestic situation, this is not always the case. A defendant is immediately eligible for both dismissals and not-guilty dispositions. That charge was dismissed as well. Can I get these charges expunged, and what form do I use to expunge these charges? I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. But all reduced. Would I be eligible to expunge all charges. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. Possession and maintaining a dwelling. No other convictions since. 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. The wrong DA on the wrong DA could end in disaster. What county was this charge from? Can assault be expunged in NC? Official court records say dismissed without leave but there is still a notation of conviction. Convictions involving violence are simply not eligible per NC statute. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? First, are you seeking employment from a job that requires extensive background checks? I was charged with dui in 2004 and possession of marijuana in 2012. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that I'd like to get my CCW License but can't because of the Communicating Threat conviction. You might want to take a look at AOC-CR-264. Would his record be eligible for expungement? Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. How can I get it off my record . If you can't afford one you can ask for a public defender. Reading and researching it states that I am. If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. You could always try and file- the worst thing that can happen is the Judge refuses to sign. why do they make it difficult. Would that be considered a violent crime? Can I get an expungement on the larceny? Hopefully the Judge will not make you travel. Does a federal charge effect trying to get a state charge expunged? I believe it could, although I have never encountered that scenario. Still 21 at the time. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. The charges were in Rutherford county 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. I completed Community Service. You should be eligible as long as you have no felony convictions. Class H should qualify after a 10 year wait period under the new law. At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record. Thanks. By wiped clean they probably meant the charges would be dismissed. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: Would that be a correct assessment? What are you looking to remove from your record? 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. I am trying to pull together information and put together a letter for the governor about this issue. I do not have the answer to that question. Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? The fact that you were charged is never wiped clean absent an expunction. I would recommend speaking with an immigration attorney on this issue. Contact an attorney where the charge occurred to confirm all your options. 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.
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