This happen in Harnett County. You would be eligible now assuming you have no felony convictions. 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. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. 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. What does Assault with a Deadly Weapon mean? Just asking for a dismissal may not work. Will this clear me to get my permit? So we actually have a slight chance. Thank you very much for the information! Do these charges affect my ability to get any of my charges expunged? This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. Will he be eligible to have the charge expunged in North Carolina? I have a misdemeanor larceny in 2014 and a couple months later a trespassing. I am a two-time felony from 91 + 93 can this record be sealed. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP Misdemeanor convictions wait period reduced from 15 years to 5 years. 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. My mother got a felony for arson when I was nine years old (29 years ago). I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. The expunction process due to the backlog generally takes 9-12 months to finalize. Simple assault is a misdemeanor offense in North Carolina. Thanks for your advice, it's appreciated. 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. My felony conviction date will reach its 10 year mark on 4/20/19. I was charged with fictitious information to an officer 5 years ago. Already have a lawyer that states this charge can be dismissed. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Does the defendant have any other convictions? Placed on 30 months probation. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . Therefore, you could be arrested and charged with assault for inciting a bar fight. Reach out to an attorney or the Courthouse in that county to find out local procedure. In 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. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. You would likely be filing statute 145.5 which uses Form AOC-CR-281. It took five years for them to finish my case. Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. Is there a way to have the conviction expunged or dropped to a misdemeanor? I have never had any felonies. He even answered a frantic call I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. 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You should be eligible as the driving offense is not a disqualifier. No lawyer is required to petition the Court for a record expunction in NC. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. Thanks in advance! I was 17 at the time and its really hindering my ability to get a decent job. That's what my lawyer told me. You would need to speak with someone in Wake county as that is where the petition would have to be filed. 1 How Much is Bail For Simple Assault? That being said, the wait period is likely to grow now that more people will be eligible. 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? 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 would very much like to discuss having my record expunged. What are my options to get this expunged? I was given a court appointed lawyer on the first court date. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. The wrong DA on the wrong DA could end in disaster. Does a federal charge effect trying to get a state charge expunged? (7a) An offense under G.S. We are honest, aggressive and compassionate. I assume this was a conviction- what county is this charge from? Convictions involving violence for offenders over age 18 are not eligible.under NC law. 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. I made an Alford plea to indecent liberties with a minor in 1994. 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. A petition must be filed in the County and State where the charge originated. Please contact me when you are available. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Thank you. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. (a) Any person who commits a simple assault or a simple assault and battery or participates in a For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. 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 made a mistake in 2007 driving with 3 beers in me - I was .08. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. Can I get an expungement on the larceny? North Carolina Assault when i was 16 in 2001 i was charged with assualt on a minor and in 2003 i was charged with possession of and intent to sell and deliever cocain. Will this automatically come off my record or will I have to get this expunged? A PJC was used for both the. I was 16 at the time and was denied for a pistol permit last year. The statute simply excludes traffic convictions as an automatic disqualification. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. Does it go from when you are charged or how long they drug it out. Raleigh, NC 27612 If that is your only conviction you should be eligible. 03/08/2001 Simple Worthless Checks Do I qualify? can anything be expunged? North Carolina has a number of different classifications for assault cases. Not-guilty outcomes also have no charge. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. Felony in 2012. Would I still be eligible for expungement despite that worthless check? That being said, the DA can object and ultimately the Judge decides. I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. That is a rather risky venture to undertake without an attorney. What to Do If Youre Charged With Fighting or Public Affray in North Carolina. i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged? Also does this charge show up on background checks now? Here is more detail. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. So are you saying I need to just ask for a dismissal and not pay the fines. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. I was told I did not have to register as a sex offender but would like to clear my record if possible. There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. I previoulsy plead guilty. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. Will I be eligible for expungement? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Thank you. Raleigh Law Office (919) 615-2473. I was thinking it would be the 266 form since I was 20 at the time back in 2011. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? My husband was convicted of disorderly conduct in 2007, charge was in 2006. As I told him when we left the court room that morning David, you have changed my life forever. If you were under 18 when charged it may be possible. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). David immediately showed his support and listened with an empathetic ear. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. What county is this conviction from? All were dismissed. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge.
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