Is it possible to get a expungement? Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. I have 5 misdemeanor charges ranging from 2005 - 2016. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense. I completed Community Service. I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? 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. 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. 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. 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. Do you have any other convictions of any kind? I have two different charges misdemeanor larceny and employment benefit fraud. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. I was only convicted of the hit/run when there was absolutely NO evidence against me. Are there any options whatsoever? Only misdemeanors and felonies are eligible is my understanding. He is now 25 and has no other brushes with the law.. 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. 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. 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? 14-318.2. Can my felony and misdemeanor be expunged? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. Charges never automatically drop off a record after a certain number of years. In 2001, I was convicted of felony embezzlement. I was 19 years old. Class I Larceny And the woman mentioned was the mother of my child and we were married. Thanks for your advice, it's appreciated. 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? 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. I was giving probation and completed and have not been in any trouble prior or since. I've since had a DWI charge that was dropped. Along with the 287 form, could you tell me which other forms I would need? Trying to go back and undue a guilty plea to a felony is not going to be easy. Before sentencing I left and joined the military and have been serving for 18 years now. Some jurisdictions include physical attacks as part of the assault. I thought it was a done deal, but during a background check they showed up as misd. Consent the victim approved of the action prior to the act. No jobs are wanting to give me a chance at all. 06/16/2001 Simple Assault Convictions involving violence are simply not eligible per statute. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Every one of the charges ended in a voluntary dismissal. Felony- lower class Each case is different. Is there absolutely no way to get this expunged? David immediately showed his support and listened with an empathetic ear. Do you think these charges would be eligible for expungement? Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. Is it possible to have those records sealed because it's keeping me from getting jobs???? This was in 2006in Cumberland County. she never showed up for court and they charged me even thought she assaulted me. The law used to be that you could only apply for expunction one time. Crazy because the assault on a female was dismissed. 06/13/2001 Simple Assault The criminal defense lawyers at Gilles Law can provide you with insight into your charges. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. Ive gone from Manager to welfare because of this. They were all misdemeanors. When a record is expunged the charge will be removed from your official State criminal record. 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. I plead guilty to two class F felonies and two class I felonies 18yrs ago. The charge was dismissed but it still shows up on my criminal record. 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 finished it all on 5/5/13. To take the 90-96 I had to plea guilty. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? I am charged with a misdeameanor. 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. 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) What constitutes a Distinct Interruption? The fact that you were charged is never wiped clean absent an expunction. Assaults a child under 12 years old. 1st assault with a weapon and assault on a female. There is also no fee to erase a not-guilty verdict. Multiple convictions from different incidents usually creates a problem. As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " Were you 21 or under when charged- that may trigger a shorter wait period. Felony larceny dismissed. It is a Class 2 misdemeanor. I asked for Deferred prosecution but I have no idea if I will still get a fine . Dismissed with leave in NC means the prosecutor the later revive the charge. To be up after probation or does it start when the offense happened. Under the new law multiple dismissals are certainly eligible. Charged with Assault in North Carolina? What You Need to Know As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. How many changes can you expunged at one time. 14-33 Assault on Female. I have nothing else on my record. Help!! That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. 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. Can me and my friend / wife / co-defendant hire the same lawyer? Both tickets have the same date of disposition (and occurrence). My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. CLASS F FELONY. they all have method of disposition descr: waiver-clerk not sure what that means. It was a class H felony at the time. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. Charges i paid court cost and that was it. I received a misdemeanor paraphernalia charge in 2014. I believe it was pjc or 90 96 or a similar program. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. I was 21 at the time of the offense. The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. F. poss if marijuana (56 g) I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. Thanks. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Also, I think I should note that these charges stem from two arrest, not four separate arrest. 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. Also, not having a job I was not able to pay my fine and still owe. DWI convictions are explicitly not eligible for expunction per NC statute 15A-145.5 under subsection.8(a). You should be eligible if it was a misdemeanor or low level felony. 3. If you were under 18 when charged it may be possible. Can two separate Felonise they are over 35 years old and I have no convictions since then. It took place in Lee county, NC. Can that charge be expunged ? This stems from an argument where the neighbors call because they were arguing. Can I get my conviction expunged and legally own a firearm. See if you can get the misdemeanor convictions reopened and dismissed. Were you age 16 or 17 at the time of conviction? then between 2000 and 2002 had some misdemeanor worthless checks. note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. This was my first offense and last. In one particularly great scene in the greatest series Deadwood of the prestige television era, Al Swearengen, the saloon, 2022 saw Raleighs worst year in homicides. 1. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. Lincoln County Sheriffs Arrest Reports for March 1, 2023 How many years ago was the conviction? Nevertheless, you should always check with a local attorney to fully explore all your options. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. That being said, it may be possible to change the PJC into a dismissal or not guilty. 2003 and received 3 yrs probation. No other convictions since. 4509 Creedmoor Rd., Suite 201 I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. The wrong DA on the wrong DA could end in disaster. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and assault charges You would need to speak to an attorney where these charges originated to see if you have any options. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. Surprise! Do either of these charges bar me from petioning for expungement? I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. WebContact a Simple Assault Criminal Defense Attorney Today. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. Yes. I was 40, and got a a misdemeanor larceny in catawba. 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? 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. Good evening, Did all three charges result in convictions? I have three posses marijuana charges and two drug paraphernalia charges. That is why she had the protective order. Because the person they said I conspired with got off with my plea. I am not aware of any law change in NC outside of local government jobs. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? You might want to take a look at AOC-CR-264. I was told to complete community service. Assault with a deadly weapon is another assault charge in North Carolina. The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. will expunging my non violent felony allow me to buy/own firearms legally again? Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. There is a link to the AOC forms in the article above. I was given a court appointed lawyer on the first court date. If that is your only conviction you should be eligible. No police were involved and I wasnt arrested because they said I cooperated. Thank you for answering questions. For criminal cases there may even be an outstanding. No lawyer is required to petition the Court for a record expunction in NC. Wendell, NC 27591 Thank you very much! Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark Thank you. I was in my mid-twenties. Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? Raleigh Law Office (919) 615-2473. What county was this charge from? Contacting our law firm does not imply any form of attorney-client relationship. The problem with this being on anyone's records is that it affects employment opportunities among other issues. The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. I was not convicted and it was dismissed without leave. There is no wait period for dismissed charges. I was charged with Simple Assault when I was 16. Due to this, there can be confusion on what those charges actually mean. I received a pjc on misdemeanor assault on a female in february 2001. They even I had to pa a fine , do community sevice and 5 yrs probation. Assault convictions for those over age 18 on the date of offense are not eligible per statute. Probation will be done in 2019. Thanks, Jerry. Saw that sections have been repealed.. Is there any possibility he could get this expunged? If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. I was wondering how bad my situation is. You probably want to wait until all cases are dismissed so you only have to file one time. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. Had a DWI a few months later while in Drug Court. There is no waiting period to expunge a dismissal. Thanks. 2 were dismissed, 2 resulted in conviction. I have not been arrested since the 1995 misdemeanor conviction. Were they all convictions? NC Expungement Law in I was charged with simple assault on then boyfriend only out of self defense. The first and only offense I had and will only ever have. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. Can those be expunged? Can i get the Class I PWIS conviction expunged? Once signed your local county may immediately destroy the file held at the Courthouse. Dismissals are free to file. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. Will the DA tell me what form I need? I asked for continuance because of this and was denied. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. There is no AOC form for the affidavit- you will have to create your own or use an attorney. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. 14-54(a), 14-54(a1), or 14-56. 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. No trouble since then. We would like to have all of them expunged. Now he is applying for jobs and has a clean record since but the charge is hindering his search . On television, we often hear police and lawyers use words like assault and battery interchangeably. Crime against nature under N.C.G.S. Multiple convictions from different incidents is usually a problem in expunction. Wake County. That's what my lawyer told me. What do you think? You should speak with an attorney where the charges originated to determine what options you have at this point. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. What would be the charges? Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. Are these eligible for expunction? As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. Also, 16 years ago I was convicted of a Class G felony for drugs. Raleigh Criminal Defense Assault Lawyer - Kirk Kirk Law . I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Would need way more information to answer that question. Verbal and No touch crime is not considered battery just assault. Nothing automatically comes off a record in NC- not even dismissals. Assault on a Female This is also my very first offense. I am now disabled, and can't travel to appear there in court. 2. Or is there any other options where it could be dismissed? Assault and Battery Charges. Class H B&E 1. The charges were not filed by him but the officer who I called at that time. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. 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!?! If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017. I only handle Union and Mecklenburg. It may be possible to go back and re-open the case to get a better outcome.