Reach out to an attorney or the Courthouse in that county to find out local procedure. Wake County. I asked for continuance because of this and was denied. Given the 2 convictions occurred within 2 months of each other..what is process other? This was 19 years ago. I really dont want to pursue this anymore . Thanks a lot. I do well in school and wanna succeed , any chance of that being expunged. It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. I caught a cocaine charge in 1993, it wasnt even a gram. (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. Be aware if rejected it could certainly slow down the process. We would like to have all of them expunged. i was in my early 20's at the time. thank you. again but if I am in a similar predicament I would most definitely hire David again. What county is this conviction from? He has first court appearance next week for arraignment . they all have method of disposition descr: waiver-clerk not sure what that means. Placed on 30 months probation. 2. You will be under the new law, which just happens to go into effect tomorrow. That being said, you could always list the extra charge and see if a Judge will sign off on it. Does it go from when you are charged or how long they drug it out. There is no specific crime of domestic violence in our state. Your only remedy at this point may be a pardon from the governor. Does the DWI void any opp at expungement? 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? 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. Clean record since. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. 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. This crime a Class H felony. Raleigh, NC 27612 I was charged with felony assault by strangulation in 2010. You should be eligible if no other convictions of any kind other than traffic offenses. which were only 2 months apart. It appears that charge may be possible to expunge, although I have never attempted to do so. As soon as a charge is pressed, a pending charge will appear on a background check. My husband was convicted of disorderly conduct in 2007, charge was in 2006. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. Every few years they expand the eligibility so keep an eye out for future amendments to the law. VD = Voluntary dismissed. See the language from the AOC form below: Private databases and internet mugshot websites may also keep otherwise destroyed data. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. Has the law changed on when you are able to not list felonies on job applications/housing applications? Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. 1. Obtaining property under false pretense. Can I seal a class D drug trafficking charge that I was convicted of in 1999? Can me and my friend / wife / co-defendant hire the same lawyer? You might want to take a look at AOC-CR-264. I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. 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. My wife didn't press charges and stood with me in court. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. 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. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. Recent Booking / Mugshot for TAMARA KENYATTA JAMES in at 919-683-9500 or send a message online with your legal questions. Hopefully the Judge will not make you travel. (3) Would getting this expunged require any in-person court appearances in Orange County? Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. Will I be eligible at any point to have the FELONY expunged? All three did. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. You would probably be using N.C.G.S. If you have been convicted I recieved a domestic violence charge against my father at the age of 17. It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. I finished it all on 5/5/13. I was charged with simple affrary one year ago. Offense date (3/24/95) I was convicted for common law robbery (Class G felony). You could always try and file- the worst thing that can happen is the Judge refuses to sign. 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 would say you are looking at a 10 year wait period from when probation ends. 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. Booking Number: SCD38MW03012023 Booking Date: 3/1/2023 Age: 38 Gender: M Race: WHITE Height: 6' 00" Weight: 170 Views: 1 Charges: Charge Code: 14-33 (A)|1368|2 Charge Description: SIMPLE ASSAULT Bond Amount: $1,000.00 Commit assault on a family member, though, and its a whole different matter. North Carolina vs. Floyd, 369 NC 329 (2016). Simple Assault I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. All of this took place in Mecklenburg county. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! Case is pending. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. can he hire a lawyer to take it before a judge or DA. Under the new law multiple dismissals are certainly eligible. Lawyer specializing in record expungement said my ex would have to go back on the charges she filed against me in order for anything to happen. I have an assault charge from 2007 and I think it has a firearms ineligibility attached to it. It can be difficult to determine whether there is a distinct interruption between alleged assaults. I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. PJC's are treated like a guilty for expunction purposes. What county is this charge from? I haven't been in any trouble before nor after this charge. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? How long would it take? What county are these charges from? (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and Any likeliness for that to be expunged? This is exactly what I thought to not pay anything. You would need to speak to an attorney where these charges originated to see if you have any options. Not all violent crimes in North Carolina involve actual acts of physical violence. Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. Do I qualify? Due to having a criminal background I have not been able to find a job in almost 7 years. What county was the conviction from? I was only convicted of the hit/run when there was absolutely NO evidence against me. Does the defendant have any other convictions? I was 40, and got a a misdemeanor larceny in catawba. You should be eligible as long as you have no felony convictions. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Is this true I can have both of cases expunged now. DWI convictions have never been eligible for expunction. Or is there any other options where it could be dismissed? This individual has had no other interactions with the law and completed all probational conditions with no infractions. I was convicted in 2009 served 2 yrs for an awdwisi and I havent been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. Convictions involving violence are not eligible. 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. Simple assault is a Class 2 misdemeanor. Can that charge be expunged ? I completed Community Service. Surprise! WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. Am I eligible for expunction? That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. Would I be eligible under the new rules for expunge? Can I have my record expunged early? Can those be expunged? Is that possible with 1 count of trafficking cocaine? DUI convictions are not eligible per NC statute. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. Is embezzling expungable? I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. 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)!! Even misdemeanor convictions involving violence are not eligible per NC statute. You probably want to wait until all cases are dismissed so you only have to file one time. Therefore, it is critical that you understand the different types of assault, and how engaging in a fight or injuring someone on purpose could affect you the rest of your life. An assault on a sports It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. Penalties for simple assault and battery can include jail time, probation, community service, and fines. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. First charge ever convicted in 2015. At least, before, I was eligible for expungement 15 years of probation. This was my first offense and last. What county is this charge from? Charlotte Criminal Defense and DWI Lawyer. I was charged and convicted of sell and deliver cocaine. How old were you when the offense was committed? Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). Am I eligible to have these expunged? See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. are in need of Legal Services. i did have a attorney, buncombe county. South Lenoir High teacher facing assault charges against two However, if your case results in a conviction, the wait period depends on the charge and your age. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. Welcome; About; Practice Areas. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Call us today at 980-272-8438. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. I have had a perfect record since then, own a business, etc. Had a DWI a few months later while in Drug Court. 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. You should reach out to a local attorney to see if you have any options such as reopening the case. You would need to speak with someone in Wake county as that is where the petition would have to be filed. Have not yet went to court.. but attorney is very confident he can get charge dismissed. To. Is it difficult to have a case reopened and then dismissed by the DA? Im trying to complete my own forms for expungement. I've got my GED, I have 2 years of Community College, but I did in 2016 get a Posses Schedule 1 charge and am on probation for it currently. Can I get it expunged and what AOC would I need? To take the 90-96 I had to plea guilty. 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. WebSimple assault is a misdemeanor offense in North Carolina. 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. Were your separate felony convictions from different incidents and resolved on different court dates? Convictions involving violence, such as assault, are not eligible per statute. Absolutely! Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. 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. Let Dewey P. Brinkley Defend You For Simple Affray. Am I reading the law incorrectly? Felony- lower class That got expunged. Of all misdemeanor classifications, a Class A1 is the most serious. Assault They represented me in Court and by midday on the Court date, Dismissed charges are always eligible if you have never had a prior expunction. Do you think these charges would be eligible for expungement? What is Simple Assault? (Definition, Examples, & Penalties) 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. I was not convicted and it was dismissed without leave. I simply do not handle appeals. My husband desperately want to join the military. I wanted to see how can i get these expunged. 200 North Pine Street I can not say enough good about David Coolidge and the Law Firm! 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. I'm just venting - realize nothing you can do about it. I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. I was told by a judge that I need to pay fines and I will get a class E felony on my record. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. I was 17 at the time and its really hindering my ability to get a decent job. What constitutes a Distinct Interruption? You can't expunge a charge until it has been handled. or should I attempt to do it before probation is completed? I thought it was a done deal, but during a background check they showed up as misd. At the time of incident, my husband completed all if his probation successfully and completed an anger management program that was suggested by his court appointed attorney at the time, but was not mandated. Under the new law, is the 15 year expungement no longer possible? So with your Witt law pa attorneys do they do help with expungements? 4 months later in 2013 pled no contest to misdemeanor larceny. Could i file for expungement and what forms would i use? Multiple felony convictions in different years are usually a problem. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Arrested on Domestic Violence Charges? The Process 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. I have a misdemeanor assault (domestic) from 26 years ago. An avalanche occured earlier this evening at ABCI Quarry, Maudarh, Hnahthial District burying atleast 15 people and 3 machinery. 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. 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. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Convictions fees vary from $0 to $175 depending on the statute that applies. Thanks. 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. Thank you Mr. Witt is it possible to tell me which other form I would need? Also, 16 years ago I was convicted of a Class G felony for drugs. If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." 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. These are H & I felonies. After conviction, this point is moot. Are you applying for a job prior to conviction? 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. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. Assault Lawyer Raleigh | Simple Assault Charges Attorneys I called in desperation not really expecting an answer. If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. This can cause issues in terms of employment, school, and financial aid. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. To expunge a dismissal you can't have any felony convictions. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. Thank you for any information you can give me. 4. Contact an attorney in that county to confirm your options and local procedure. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? Case not dismissed, pled "no contest". I highly recommend. Assuming you were charged, the charge will appear on your criminal record. The long-running James Johnson case in Wilson concluded last week with a PJC (story 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. I would appreciate any information. 2003 and received 3 yrs probation. Can I still get the felony expunged? It shows up on background checks as CLASS H felony. I'm trying to find any information in being able to remove misdemeanors from my record. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. Ultimate rejection occurs when the Judge refuses to sign off on the Order. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. I was charged with Class H Felony Identity theft in 2001. You would likely be filing statute 145.5 which uses Form AOC-CR-281. Due to this, a victim of assault will not have the ability to drop the charges. I was at a house party and went into a room and took a laptop. 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. 20-146 (d)(1) on one ticket and g.s. I was charged with larency by employee which is a class h felony in 2009. 1st assault with a weapon and assault on a female. That being said, my understanding after speaking with the powers in Raleigh is that if you can convince a Judge to sign off on an expunction they will process it regardless of whether it meets the statutory requirements. What was the infraction charge? The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. But all reduced. Can this be removed off my record? I have never had any felonies. Paying a fine= pleading guilty. Or offense. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. 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. I was charged with fictitious information to an officer 5 years ago. No other convictions since. Under the new law there are no restrictions for dismissals. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. What are the steps if I am eligible for an expungement. I was even able to reach Convictions for assault are not eligible if they occurred after age 18. Removing multiple convictions will not be so easy. I also had several charges dismissed. I was 17 years old. 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. Talk to a local attorney to find out what judges in that county will sign or not sign. I was charged with simple assault on then boyfriend only out of self defense. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. "This petition is being filed at least ten (10) years after the date(s) of conviction listed above for any nonviolent felony or five (5) years for any nonviolent misdemeanor, or when any active sentence, period of probation, and post-release supervision has been served, whichever occurred later.". I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. Not sure what to do. Thank you in advance for any information you can assist with me with! Assaults a child under 12 years old. 14-54(a), 14-54(a1), or 14-56. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). 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. Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. This stopping me from getting employment. That should have been eligible years ago even before the new law- did someone advise your otherwise? I filed assault charge on a friend of mine who punched me during an argument . Some jurisdictions include physical attacks as part of the assault. 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. Hi Jason, These charges range from felonies to misdemeanors. 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. Charges never automatically drop off your record. 1. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. I got a speeding ticket for going 17 over. This is a Class E felony if there was a serious injury or the intent to kill. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. It sounds like the lawyer you spoke with gave you good advice. RESTORATION OF FIREARM RIGHTS. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. A PJC is treated just like a conviction for expunction purposes. You should be eligible as the driving offense is not a disqualifier. The charges were dismissed. Can I get this expunged or dismissal? Due to this, there can be confusion on what those charges actually mean. Would his record be eligible for expungement? I completed the probation period of 1 year + community service per the court order. Her court date is next week. Attorney fess vary greatly by county for most things. Will immigration still find out about them? 04/07/2002 Obtain property by false pretense by writing a worthless check. Threats of violence may count as domestic violence if you and the victim have a personal relationship. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. Were the convictions from the same incident? The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. There is no waiting period to expunge a dismissal. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. From the inception of a DWI I had the arresting officer lie on my report. Yes, even dropped charges will appear on a North Carolina criminal record check. Possess schedule II (principal) I was also 19 at the time. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. Do I have ANY chance for expungement? Also assault (husband and I) the assault was dismissed. An intervening event may qualify as a Distinct Interruption, such as the opportunity to calm down, thus resulting in a lapse of time.

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