If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not Surprise! I have a misdemeanor assault charge back in 1999. 14-33 Assault on Female. 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. Up until rather recently no felony convictions were eligible for expunction. Multiple convictions from different incidents usually create a problem. Thank you. I was older than 18 at the time and I know that makes it a little difficult to do so. Can I get it expunged and what AOC would I need? Were they all convictions? I am worried one stupid mistake may hurt my job chances? I believe the assault PJC would need to be changed to a dismissal to be eligible. I was charged with Simple Assault when I was 16. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. No other convictions except DWI in 2015 Prosecutors do not have to prove someone was harmed to convict you of simple assault. The answer is maybe. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. felon on board .. causes no trouble not perfect lolol. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. (2007) Will I be able to get that expunged? I received a class I felony for NC tax evasion in 2001 for three years of returns. An assault on a sports And is it possible to manage this without an attorney? You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. Only misdemeanors and felonies are eligible is my understanding. 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. First, are you seeking employment from a job that requires extensive background checks? You can either file yourself or hire an attorney. I was charged with assault with deadly weapon. Can a person get an expungement if they have done what was ask of them from death by car? ), Assault on a child under age 12 (assault is committed by an adult), Assault on a government official while the official is discharging his duties, Assault on a school employee or volunteer while the employee or volunteer is discharging her duties, Assault inflicting serious injury (but not serious bodily injury). Can those be expunged? Any likeliness for that to be expunged? For charges that originated in Union County, North Carolina the petition must be filed in Monroe. Under our states complicated sentencing system, your punishment will depend on a number of mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted. It seems so unfair that this can't be forgiven with an expungement. Did you plead guilty to disorderly conduct in 2014? one for B and E And one for possession of stolen goods be expunged? I asked for continuance because of this and was denied. I paid a fine and that was it in 2008 can I get it expunged ?? There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. And is there a website that dumbs these statues down for us non-lawyer folks out here?? What would be the charges? 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. It was in my car, I stayed in jail for 7 months. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. His passion for his work and in helping others shines. Felony- lower class 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. Barry Spencer Green was arrested by Lincoln County Sheriffs deputies on May 28, 2022 for driving while impaired, resisting arrest and assault on an officer. Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). 2. At this point she needs to contact an attorney in the county of the conviction to discuss her options. Am I able to file the petition now or shall I wait till 5/6/18. We would like to have all of them expunged. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. Verbal and written threats will contribute to the charge. Did you not have a lawyer originally on this case? 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. About. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Thank you in advance.. I received a misdemeanor paraphernalia charge in 2014. 3. Thanks! What class level was the conviction? 2. 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. Am I eligible to have these expunged? Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. 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? Help!! Private databases and internet mugshot websites may also keep otherwise destroyed data. Only non-violent Class H and Class I felony convictions are eligible. When a record is expunged the charge will be removed from your official State criminal record. Would I be eligible under the new law and is it five years from conviction date or completion of probation? To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! You would need to have the case reopened. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. The wait period refers to the wait period to file for expungement. You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. 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 was told you would probably need clear evidence of innocence to do that. made the ticket go away. How can people defend themselves against these charges. I was convicted of a class H felony in 2008. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. PJC's are treated like a guilty for expunction purposes. Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. Offense date (3/24/95) 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. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. You may want to contact the SBI in Raleigh and get their opinion on the matter as that is where the application is sent before the Judge makes a decision.Most Judges seem to totally rely on the SBI position in deciding whether or not to sign off on the petition. ; menu. There are three different types of assault crimes listed under North Carolina General Statute 14-33. Would I be eligible under the new rules for expunge? I also have a previous charge for the same thing but it was dismissed. The criminal history of the alleged offender and/or any injuries suffered by the alleged victim can result in more serious charges. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. Still 21 at the time. Talk to an attorney in the county of the convictions to see if you have any options. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in How old were you when charged? Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date. This stems from an argument where the neighbors call because they were arguing. Each State has unique expunction laws. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Multiple convictions from different incidents creates major issues. Read the statute for the required language. 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. I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. I would appreciate any information. What was the infraction charge? Check with an attorney where the charge occurred on when you are eligible. If you were recently arrested for allegedly committing assault or battery in the Raleigh area, you should obtain experienced legal representation from a criminal defense lawyer as soon as possible. Also, 16 years ago I was convicted of a Class G felony for drugs. Be aware if rejected it could certainly slow down the process. Simple assault is classified as a Class 2 misdemeanor. that's not fair. The contact form sends information by non-encrypted email, which is not secure. An active punishment involves incarceration in prison or jail, an intermediate punishment is a sentence of supervised probation that may involve a period or periods of confinement, and a community punishment is any sentence other than an active punishment. Hi, First charge ever convicted in 2015. If it was a felony conviction- what class? Can this be expunged? If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. 1. As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. What county was this from? Thank you. What do I need to do get this expunged? Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Charges i paid court cost and that was it. Why not file for expugement as you never know if that will be a deciding factor? I was 25 years old, i was sentenced to 12 months supervised probation. That being said, the DA can object and ultimately the Judge decides. , 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. 15A-146. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). And once expunged will it still show up on background checks/will it be counted against me still? Clark, Brandon James, 35 was arrested on charge of Failure to Appear at 2000-BLK Modern Estates Rd, Lincolnton. Multiple convictions from different incidents is also an issue. 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. It was in Northampton County, looking for advice on the matter. Where do I get the form?. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. I would argue the DWI should count as a driving offense which is not a disqualifier. Under the new law there are no restrictions for dismissals. The following convictions listed below are not eligible. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. The first felony would not be eligible due to subsequent convictions. I'd like to get my CCW License but can't because of the Communicating Threat conviction. 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 I have a felony conviction of posses schedule VI (principal) in 1994. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. I had to pa a fine , do community sevice and 5 yrs probation. 1997 was 17 years old . I had community service and paid restitution. Coolidge delivered on all that he promised and more. Assault and Battery Battery is the actual physical contact with another person. What kinds of punishments can an alleged offender be sentenced to? Multiple convictions from different incidents creates a problem. What constitutes simple assault is defined under common law. That being said, it is always worth a try- the worst that can happen is that your request is denied. Probation will be done in 2019. Assault charges takes many forms in North Carolina. Upon conviction, a person could be sentenced to 60 days in jail for a first offense and up to 150 days in jail for a second or subsequent conviction. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. Even if the DA objects the Judge should have the final call. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. If yes, should I begin the process now with an attorney or wait until after December 1. That should have been eligible years ago even before the new law- did someone advise your otherwise? But he had been to prison for RWDW. We are honest, aggressive and compassionate. 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. I found it myself online. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. But if a male assaults a female, he is charged with a higher level crime. Yes, pending charges do appear on North Carolina criminal records. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial. Not all violent crimes in North Carolina involve actual acts of physical violence. This was the first time I had ever been in trouble so I pleaded guilty. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? What county are these charges from? I have a misdemeanor assault (domestic) from 26 years ago. Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. Along with the 287 form, could you tell me which other forms I would need? If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. Any employer that disqualifies potential staff based on criminal convictions would, in all likelihood, move on to the next qualified candidate. thank you. I have had no other infractions other than a speeding ticket in 1999. 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. I have not been arrested since the 1995 misdemeanor conviction. I got a speeding ticket for going 17 over. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? You could always try and file- the worst thing that can happen is the Judge refuses to sign. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. 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. 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. so do i have a fighr to ge it reopen. I am a mass. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. (3) Would getting this expunged require any in-person court appearances in Orange County? I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed? Having a proper legal representative I had 1 year of unsupervised probation. Child abuse a misdemeanor. Due to this, a victim of assault will not have the ability to drop the charges. Commit assault on a family member, though, and its a whole different matter. WebSimple assault in North Carolina is a class 2 misdemeanor. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. I was 17 years old. Then again they may hold the later felony conviction against you. Thank you Mr. Witt is it possible to tell me which other form I would need? Dismissed charges are always eligible if you have never had a prior expunction. I was 21 at the time of the charge and it's been over 5 years since disposition in court. No other trouble ever. Would having an attorney be better in the process here? DWI convictions have never been eligible for expunction. 2. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. Was the assault charge dismissed or were you convicted? 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. 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.. The 10 year wait period for felonies does not begin until the probation period is completed. 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. And how do,you get the initial judges signature to start process ? There is no waiting period to expunge a dismissal. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. See the language from the AOC form below: The criminal defense attorneys at The Coolidge Law Firm will fight to achieve a resolution to your case that involves the fewest possible immediate and long-term penalties. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. I was convicted of Cyber Stalking in April of 2011. Am I eligible for an expungement? 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. I would recommend speaking with an immigration attorney on this issue. Is this elegible for expungement or motion for apropriate relief? Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. I hired him twice for two different cases that I had 06/16/2001 Simple Assault Trying to go back and undue a guilty plea to a felony is not going to be easy. 2 class A misdemeanors, 1 violent from same incident. What county is this conviction from? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. I am not sure what you are asking. Completed probation. If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. 04/07/2002 Obtain property by false pretense by writing a worthless check. 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. WebIf you are facing misdemeanor assault charges in North Carolina, or a more severe felony offense charge for assault with a deadly weapon, our Raleigh criminal defense attorney can help. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. North Carolina vs. Floyd, 369 NC 329 (2016). Already have a lawyer that states this charge can be dismissed. I would recommend David and this Law Firm to EVERYONE who is reading this review. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. I was 17 at the time and its really hindering my ability to get a decent job. I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. Must have only been possession with intent to sell and deliver. I mean 30 years and being a model citizen with not even a traffic ticket? speeding to elude arrest 4-7-09. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. I cannot say enough about Attorney Coolidge and his staff. 1st assault with a weapon and assault on a female. A Class F conviction is not eligible for expunction. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. Thanks in advance! This field is for validation purposes and should be left unchanged. Saw that sections have been repealed.. Is there any possibility he could get this expunged? then between 2000 and 2002 had some misdemeanor worthless checks. A deferral program will have costs associated with any recommended treatment or community service requirements. 336-379-0539. I'm thinking I may can file on my own, should I hire an attorney for this situation? Try contacting an attorney in Guildford county to see when you are eligible to file. Is it possible that i reopen the case and fo for a not fuilty plea. I was told that my charge would never be seen again after it go in the system?? It shows up on background checks as CLASS H felony. All charges (even dismissed charges) remain on your criminal record until expunged. Case from 6 years ago. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. For criminal cases there may even be an outstanding. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. 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. I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? 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. Assault convictions for those over age 18 on the date of offense are not eligible per statute.