Welcome; About; Practice Areas. I hired an attorney and paid $1000 for an expunged record.. All I was told was that I didnt qualify which makes no sense considering how old I was the time and how long it has been. Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. The statute simply excludes traffic convictions as an automatic disqualification. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, His passion for his work and in helping others shines. If you were over 18 when charged you prior attorney is likely correct. the probation was terminated Officially, even if the charge is dismissed as part of a deferral program, the charge cannot be expunged. DWI's within the prior 7 years are a grossly aggravating factor. I thought it was a done deal, but during a background check they showed up as misd. If you can't afford one you can ask for a public defender. If the charge resulted in a conviction the wait period depends on the age and charge. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. 1. Under the new law, is the 15 year expungement no longer possible? Removing multiple convictions will not be so easy. 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 only handle Union and Mecklenburg. I was convicted of class H felony larceny in 2006, with a prior misdemeanor larceny as well as a few prior simple possession charges, would I still be eligible for expunction? What was the infraction charge? Will I be able to ever get these expunged? Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. Not sure I follow. 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. There is no specific crime of domestic violence in our state. And is it possible to manage this without an attorney? I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. Simple Assault in Raleigh NC - Dewey Brinkley Law 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. I was convicted in 1997 of felony death by motor vehicle.I was 17. 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. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Also, I have several speeding tickets that were dismssed for improper equipment. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). Can the infraction charge be expunged along with the dwi? Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Thank you in advance for any information you can assist with me with! He has NO charges before or after these charges. Had a DWI a few months later while in Drug Court. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. Deal was plead guilty and no prison time or probation. That is why she had the protective order. Child abuse a misdemeanor. Even if he was charged with 2 counts it seems strange the DA did not agree to dismiss 1 count unless extra charges were also involved. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. 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. Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. What county was this from? During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. If that is your only conviction you should be eligible now. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. 2. Are You Eligible for an Expungement in Charlotte? Will I be eligible at any point to have the FELONY expunged? 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? Thanks in advance for your response. 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. 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. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. NORTH CAROLINA SIMPLE ASSAULT CHARGES - Goolsby Law I have 2 misdemeanor marijuana convictions. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. , 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. You are likely looking at a 10 year wait period after probation ends. Can I get these expunged? Must have only been possession with intent to sell and deliver. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. I would suggest speaking with an attorney in that county for assistance. They represented me and What does having an infraction have to do with removing a felony conviction? I would definitely use a local attorney rather than attempt anything on your own. I would argue the DWI should count as a driving offense which is not a disqualifier. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. You should be eligible as long as you have no felony convictions. They are reflected as pending charges.. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. 14-415.4, which is a petition to restore firearms rights after 20 years. I am worried one stupid mistake may hurt my job chances? 10/02/1999 Communication Threats Have not yet went to court.. but attorney is very confident he can get charge dismissed. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. 2) Not Guilty? 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. Also assault (husband and I) the assault was dismissed. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). You would need to speak with someone in that county to gauge your chances of reopening an old case. Hopefully I never need his services I would not be able to comment on paperwork without seeing it. I have a misdemeanor assault (domestic) from 26 years ago. 03/08/2001 Simple Worthless Checks I have never seen it done with a serious felony, but it is technically possible. 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. 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. Assault is a violent offense under NC law. can i get these expunged? Thanks in advance! You probably want to wait until all cases are dismissed so you only have to file one time. Dare County including Avon, Buxton, Duck, Frisco, Hatteras, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Rodanthe, Southern Shores, and Wanchese; Hertford County including Ahoskie; Hyde County including Ocracoke; and Tyrrell County including Columbia. Given the 2 convictions occurred within 2 months of each other..what is process other? I was 21 at the time of the offense. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. The fact that you were charged is never wiped clean absent an expunction. Contact an attorney where the charges originated to see if you have any immediate options. Selected 4th Circuit cases also are included. 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 17 years old. Felony convictions wait period reduced from 15 years to 10 years. What website do I go to that will have the correct expunction petition/forms?? they had updated me on the outcome. Are these you only convictions of any kind? Once the charge is dismissed you can immediately file for an expunction. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. I really felt, and still do, that he really cared about helping me. Only lower level Class H and Class I convictions are eligible. She has never been in any trouble before. 2. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. I would talk to a new attorney in the county. Having a proper legal representative I had 1 year of unsupervised probation. How long ago were you convicted of disorderly conduct? 2. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. I had a misdemeanor-injury to personal property dismissed about a year ago. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. That should have been eligible years ago even before the new law- did someone advise your otherwise? Assault Charges You should be eligible if it was a misdemeanor or low level felony. The charges were in Rutherford county North Carolina. no other convictions Take a look at Form AOC-CR-281. I have a felony conviction of posses schedule VI (principal) in 1994. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. 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? Hi. I was only convicted of the hit/run when there was absolutely NO evidence against me. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. Prosecutors do not have to prove someone was harmed to convict you of simple assault. Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? 1. it has been at least 7 years since the charge. I think it's wonderful that you're reaching out to the community. The following convictions listed below are not eligible. which were only 2 months apart. Were you 21 or under when charged- that may trigger a shorter wait period. WebSimple assault in North Carolina is a class 2 misdemeanor. The clerks can't give you legal advice- what county is this from? I had to pa a fine , do community sevice and 5 yrs probation. can he hire a lawyer to take it before a judge or DA. 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. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. 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. I was just pointing out that issue for other readers. 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 WebWhen simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. North Carolina A defendant is immediately eligible for both dismissals and not-guilty dispositions. (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. Or with they always be up there? I have not been arrested since the 1995 misdemeanor conviction. If both of these elements were present, it would be a Class C felony. Convictions involving violence are simply not eligible per statute. Offence dates were 8/23/2006 and 8/30/2006. I lived in Georgia at the time. I am now 31 and trying to see how I can get this expunged. With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. We explore these types of assault charges in our Felony Assault in North Carolina Blog. Contact an attorney in that county to see if those convictions can be reopened and dismissed. I am not sure what you are asking. Please contact me when you are available. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. What would you say about this one? That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. If you were over 18 and it was not a drug related offense then you are stuck with the 10 year wait period for a felony per statute. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. Did you have an attorney when you filed before? If you were under 18 when charged it may be possible. You should be eligible if no other convictions of any kind other than traffic offenses. 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. 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. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. I was charged with fictitious information to an officer 5 years ago. Hi Jason. 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. You should be eligible on the damage to real property if no other convictions other than traffic violations. We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? Would I be elegible for expungement of this dismissed charge? North Carolina Assault Also, not having a job I was not able to pay my fine and still owe. If I had a Felony Conspiracy to common law robbery(class h) from 2009. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. Possession and maintaining a dwelling. Other than a traffic ticket 45 years ago I have nothing on my record. I got convicted of Communicating Threat back in 1999. Sounds like you really need an expunction to get this off your record. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guiltywhen the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now.
