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. Had 5 years probation. You would be eligible now assuming you have no felony convictions. Paid what i owed for that. Since that older charge is relatively minor and likely could have been dismissed if you hired a lawyer at the time the DA may be open to dismissal. If you have been convicted The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. A large number of our clients have gotten into a heated argument with their spouse and have called the police to help mediate the discussion. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. But all reduced. Am I reading the law incorrectly? She (the victim) told me she was coming to court to tell them what happened but didnt show up. Would this type of case be eligible for expungement? Case not dismissed, pled "no contest". Court date is coming up in April. I was charged with assault with deadly weapon. 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. PJC's are treated like a guilty for expunction purposes. Multiple convictions from different incidents creates major issues. 1. will expunging my non violent felony allow me to buy/own firearms legally again? https://www.nccourts.gov/assets/documents/forms/cv654-en.pdf?4tqxbrLvOPWIB2i6xD3RzkMbHwwiM9Dl. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. In Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. What county was this from? I was 25 years old. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. Under the new law there are no restrictions for dismissals. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. are in need of Legal Services. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. 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. To expunge a felony conviction you can't have any other convictions. If that is your only conviction you should be eligible. Just wanted another opinion from another lawyer. 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. 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. Can I have that removed? several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? I have never had any felonies. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. I know that the dv charges are not eligible for expungment. Depending on the charge, the new expungement law stipulates wait periods ranging from 12 months to 10 years for those under age 22 at the time of the conviction. An avalanche occured earlier this evening at ABCI Quarry, Maudarh, Hnahthial District burying atleast 15 people and 3 machinery. The police called him back to the scene and told him the law stated that someone had to be arrested. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. I do not have the answer as to whether it will allow you to obtain a gun permit. Thank you in advance.. You would likely be filing statute 145.5 which uses Form AOC-CR-281. So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. I forgot to ask.. for the current misdemeanor charges.. I am 30 now and have not been convicted of anything else since. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. 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. 4. Does a federal charge effect trying to get a state charge expunged? This field is for validation purposes and should be left unchanged. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. Will immigration still find out about them? Thank you in advance for your help. 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?? For straight dismissals or after successful completion of the. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. I was charged and convicted of sell and deliver cocaine. I had that expunged about 3 years ago. Were these convictions from the same incident? A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. I was wondering how bad my situation is. 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? It was my first time ever in trouble and havent been in trouble since. I had to pa a fine , do community sevice and 5 yrs probation. I was 24 then; I hadn't begun to consume alcohol until I was 26! 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. Basically, the type of job you are seeking, in addition to your overall qualifications, the employer hiring requirements, and your competition for the job are contributing factors to your employment success. 725 East Trade Street, Suite 215 Charlotte, NC 28202, 2022 Gilles Law, PLLC | ATierOne Website Services, Automated page speed optimizations for fast site performance, There is only so much your criminal defense attorney can do, Assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event (or immediately after the sports event at which the sports official discharged official duties. You would need to speak to an attorney where these charges originated to see if you have any options. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. Thanks for answering questions! The first felony would not be eligible due to subsequent convictions. It would be prudent to do a internet search of yourself after any expunction is finalized to verify no old arrest pages exist online that were overlooked by the State or that are still cached by Google. I am still happily married to the same woman. I was 21 whenever I was charged with felony larceny by employee. Still 21 at the time. You should be eligible under the new law if the case was dismissed. This offense has both misdemeanor and felony versions. We've been told before that it wasn't but I thought maybe with the new law it will be. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Class H should qualify after a 10 year wait period under the new law. Crime against nature under N.C.G.S. Contacting our law firm does not imply any form of attorney-client relationship. Mecklenburg County. 3) Dismissed? I have a misdemeanor assault (domestic) from 26 years ago. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. How can I get it off my record . This includes pending charges, convictions. If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. What county is this charge from? 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. 2 class A misdemeanors, 1 violent from same incident. Is this true I can have both of cases expunged now. You are however eligible to remove the dismissals. VD = Voluntary dismissed. If yes, should I begin the process now with an attorney or wait until after December 1. Is trafficking by transport able to be expunged? We fight for the best possible outcome in every case. Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it . Only lower level felony convictions are eligible. If you have FTA's then you should hire an attorney to have those FTA's removed- doing so on your own from another state will be difficult to impossible. Only non-violent Class H and Class I felony convictions are eligible. 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) How many years ago was the conviction? It was in my car, I stayed in jail for 7 months. 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. Of all misdemeanor classifications, a Class A1 is the 2. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Charges were back in 2018, disposition was 2019. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV Hi Jason, I was charged with Simple Assault when I was 16. they need job to take care of family. What exactly was this person convicted of? I wound up taking a plea bargain for possession. I would very much like to discuss having my record expunged. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. Expunging a Misdemeanor Conviction in NC Evidence of distinct, multiple injuries and nothing more does not serve as sufficient evidence of an interruption, to the level of a distinct interruption allowing for the accused to be charged with more than one count of assault. I got a speeding ticket for going 17 over. I was convicted of Cyber Stalking in April of 2011. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. 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. Please advice. That being said, it may be possible to change the PJC into a dismissal or not guilty. You should be eligible if no other convictions besides driving offenses. Did the DA object? Has the law changed on when you are able to not list felonies on job applications/housing applications? Regardless if you are facing misdemeanor or felony charges, you are looking at serious penalties. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. Were you 21 or under when charged- that may trigger a shorter wait period. The conviction was from 1990 when I was 17 years old. 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. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. Reach out to an attorney where the charge occurred. How long do i have to wait to have it expunged? He is intelligent, kind and completely nonjudgmental. I found it myself online. It may depend on the facts of the case as convictions involving violence are not eligible. My daughter had a fight at school in 2010 when she was 16. I would talk to a new attorney in the county. 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? Sorry, but I just don't have an answer for you. I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. 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. 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 Did you not have a lawyer- that type of charge can often be dismissed via community service. 04/07/2002 Obtain Property by false pretense by writing a worthless check If your civil rights are restored can a person legally apply for a concealed weapon permit? I have 2 misdemeanor marijuana convictions. Her court date is next week. Reach out to a local attorney to confirm your options as application of the law varies by county. If no felony convictions you should be at least eligible to expunge your dismissals. 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. Also is careless and reckless (dismissed) expungable? F. poss if marijuana (56 g) I was told by the judge that they no longer had jurisdiction over my case because my probation had expired.is this grounds for expungement? Hi. You should reach out to a local attorney to see if you have any options such as reopening the case. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. At least, before, I was eligible for expungement 15 years of probation. Along with the 287 form, could you tell me which other forms I would need? I was convicted in 2001 or 2002. 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. . It has been around 25 years since then. Read the statute for the required language. 08/31/1999 Simple Assault Depends on the Class level felony and if you have any other convictions of any kind. 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. Protecting your Privacy ~ Your privacy is our primary concern. The fact that you were charged is never wiped clean absent an expunction. Already have a lawyer that states this charge can be dismissed. Charlotte Criminal Defense and DWI Lawyer. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. Also if you don't mind could you tell me what you think the worse is that could happen? Dismissed with leave in NC means the prosecutor the later revive the charge. (ie- your misdemeanor assault). Does this mean that I simply have to file a separate form for each rather than putting them all on the same form or do I just have to pick one until the new forms are out and the new law goes into effect? The NCSC writes in North Carolina v. Dew (2021): The question of how to delineate between assaults to know where one assaultendsand another begins in order to determine whether the State may charge a defendant with multiple assaults is an issue of first impression in our court. Felony convictions wait period reduced from 15 years to 10 years. 336-379-0539. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. Will I be eligible for expungement and when? Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. The last thing you want to do is pay the fine for the worthless check charge. What are my options to get this expunged? 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. Convictions involving violence are not eligible. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Offense date (3/24/95) I'm trying to find any information in being able to remove misdemeanors from my record. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. Thank you. Is there a way to have the conviction expunged or dropped to a misdemeanor? I asked for continuance because of this and was denied. I am now 31 and trying to see how I can get this expunged. Assault convictions for those over age 18 on the date of offense are not eligible per statute. That's what my lawyer told me. This individual has had no other interactions with the law and completed all probational conditions with no infractions. I really dont want to pursue this anymore . Simple assault is the least serious assault charge in North Carolina. Under 15a-145.2 (a) (1) an affidavit by the petitioner? Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. I'm guessing this would be easily expunged? I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Assault is a violent offense under NC law. Not sure why the Court can't tell you- perhaps since eh charge was so old. Can I get these expunged? These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. I was in high school, under 18..what are my options ? To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). I am now disabled, and can't travel to appear there in court. Even if the DA objects the Judge should have the final call. A lawyer handled it and I had no clue it would show on my record until a recent background check. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. It is a Class H felony if an alleged offender commits a simple assault, simple assault and battery, participates in a simple affray, causes physical injury, and has two or more prior convictions for either a misdemeanor or felony assault in the prior 15 years. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. 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. Raleigh Law Office (919) 615-2473. -Bridgette. Is disorderly conduct expungable after Dec. 1? WebUnder North Carolina law, these crimes are defined as: Assault. Simple assault is classified as a Class 2 misdemeanor. It is only once. 2. My court appearance will take place on December. I would definitely use a local attorney rather than attempt anything on your own. 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. I was charged with resisting an officer , put on probation for 18 months in 2010. What does Assault with a Deadly Weapon mean? I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. I had a breaking and entering and grand larceny charge in 2012. The assault charge was dismissed, I am looking to get that expunged, because it even being on my record is holding me up with that and the, believed, firearms inedibility that's attached. 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. 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. Only lower level Class H and Class I felony convictions are currently eligible under NC law. Charges never automatically drop off a record after a certain number of years. I have had a perfect record since then, own a business, etc. What county is this conviction from? 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. What was the actual charge? If so, the answer is yes. Convictions involving violence, such as assault, are not eligible per statute. Thank you very much for the information! Would I be eligible under the new rules for expunge? Does the DWI void any opp at expungement? No other convictions except DWI in 2015 Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? What would be your fee to expunge ? If you can't afford one you can ask for a public defender. Is it possible to get a expungement? Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? Can I get these charges expunged, and what form do I use to expunge these charges? No jobs are wanting to give me a chance at all. 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. Blacks Law Dictionary also refers to an assault as, popularly, any attack.. Did his offense involve violence? I highly recommend. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? 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. There is no AOC form for the affidavit- you will have to create your own or use an attorney. Would having an attorney be better in the process here? Assault charges takes many forms in North Carolina. If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. Guilford If it is a Class H or Class I felony then it should be eligible. People may be charged with assault simply for threats or shows of force that make alleged victims feel as though they are at risk of physical harm. When can a person be charged with this type of crime? I am now 35 with only a couple speeding tickets since. If both of these elements were present, it would be a Class C felony. Convicted in the same session of court. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. I paid a fine and that was it in 2008 can I get it expunged ?? Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. I hired him twice for two different cases that I had at 919-683-9500 or send a message online with your legal questions. 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. 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. Am I eligible for expungment? Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. 15A-145(a). If it has been at least 5 years you should be eligible to proceed now. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. The 5 year misdemeanor wait time starts to run after probation is completed. I was told by a judge that I need to pay fines and I will get a class E felony on my record. My father is now deceased. A defendant is immediately eligible for both dismissals and not-guilty dispositions. Multiple convictions from different incidents is usually a problem in expunction. 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 I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me?
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