Bottom line is make sure you understand what you are filing before you file anything with the Court. What county are these charges from? It may be possible to go back and re-open the case to get a better outcome. For a North Carolina criminal record check any misdemeanor or felony charge will appear. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. Can this be removed off my record? Can I have that removed? I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? 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. Fees vary based on the outcome of the case. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. My father is now deceased. i dont have the money to hire an attorney, so im hoping i can do it myself. 08/31/1999 Simple Assault Three charges were consolidated to one for sentencing. Class D felony convictions are not eligible for expunction. But if a male assaults a female, he is charged with a higher level crime. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. Is it possible that I can get this expunged. Also is careless and reckless (dismissed) expungable? You should be eligible if that is your only conviction and you meet the time requirement. How can I get it off my record . You would need to speak with someone in Wake county as that is where the petition would have to be filed. No more limit on number of dismissals than can be expunged. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. What are you looking to remove from your record? I was in high school, under 18..what are my options ? I have a misdemeanor assault charge back in 1999. In 1996 I was 24 And was found guilty of felony possession of marijuana. Had 5 years probation. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. What constitutes a Distinct Interruption? I already know it will be dismissed . would i use form 15.A -14.5? Ive done nothing but improve my life since. 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. 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? If both of these elements were present, it would be a Class C felony. In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. You should be eligible on the damage to real property if no other convictions other than traffic violations. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. Protecting your Privacy ~ Your privacy is our primary concern. Raleigh, NC 27612 2. I was 19 years old. Felony in 2012. 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. I was 18. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. You would probably be using N.C.G.S. I also have a previous charge for the same thing but it was dismissed. 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. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. 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. Welcome; About; Practice Areas. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). You would need to speak with a local attorney about having the case reopened and dismissed. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. No jobs are wanting to give me a chance at all. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. Both were at the same time 11/2009. In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. She is an indigent and now does not qualify for housing assistance. I got a certificate of relief. Did you talk to someone about the MAR on the old bad check conviction? Yes. If I had a Felony Conspiracy to common law robbery(class h) from 2009. Only 1 Faulty Equipment ticket since then. Of all misdemeanor classifications, a Class A1 is the From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. Ty for answering questions . I would suggest speaking with an attorney in that county for assistance. Is this a case of ID fraud or did you actually receive this ticket? Excellent Customer Service. Those jurisdictions consider arguments, slapping, or pushing as simple assault cases. Ive gone from Manager to welfare because of this. Assault is a threat or use of force on another that causes that person to have a reasonable apprehension of immediate harmful or offensive contact. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Will the DA tell me what form I need? You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. My cousin got 2 class A misdemeanor drug paraphernalia convictions (the same incident) about 15 years ago in Salisbury, NC 3 years a drunk in public in Virginia, can he get the drug record expunge? 2 felonies dismissed in 2013. Feb. 25, 2023 Arrests. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. Can assault be expunged in NC? 2003 and received 3 yrs probation. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that I was 25 years old. Sorry this is so long but I look forward to hearing from you soon :-). The charges were in wake county court. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. By wiped clean they probably meant the charges would be dismissed. Asked him about and expungement, he stated I wasnt eligible because of my age. You should be eligible to move forward on the dismissals now. 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. Please advice. Both charges will certainly appear on your record. One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. There is no specific crime of domestic violence in our state. In 2007 Me an her was charged with a misdemeanor simple assault. I never knew it had been dropped to Assault on a female until recently. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Thank you in advance for any information you can assist with me with! The NCSC writes in North Carolina v. Dew (2021): The question of how to delineate between assaults to know where one assaultendsand another begins in order to determine whether the State may charge a defendant with multiple assaults is an issue of first impression in our court. I would talk to a new attorney in the county. Here is more detail. That charge was dismissed as well. 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. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. I was charged with simple assault on then boyfriend only out of self defense. 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. I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. You would need to get that PJC turned into a dismissal. Plus other felonies. I have no other prior offenses. Only lower level felony convictions are eligible. The answer is it depends. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Where do I get the form?. Wake County. 21 years old. Only lower level Class H and Class I felony convictions are eligible per statute. You would likely be filing statute 145.5 which uses Form AOC-CR-281. (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. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. Can I get these expunged? Multiple convictions from different years is a problem. Is this eligible for an expungement? I received a pjc on misdemeanor assault on a female in february 2001. Can I get an expungement on the larceny? 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. 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. What would you say about this one? What county was this charge from? Multiple convictions from different incidents is also an issue. Also, I have several speeding tickets that were dismssed for improper equipment. I am not aware of B&E being automatically considered violent in NC. No other charges before or since. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. are in need of Legal Services. 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? It sounds like the lawyer you spoke with gave you good advice. Thank you. gave me the fees straight out on the letter including court costs. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. I had a misdemeanor-injury to personal property dismissed about a year ago. 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. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. Is there any way to use the PTSD diagnosis to expunge this? Every question I asked the arresting officers response was "I do not recall". Were they all convictions? I was in my mid-twenties. In North Carolina, assault is broad category that encompasses many, many different criminal charges. can he hire a lawyer to take it before a judge or DA. Can I also get this expunged under the new law? First thing is get approved for deferred prosecution and then get the case dismissed. The new law has a 5 year wait period assuming you have no other convictions. I was charged with Statutory rape when I was 19 and it got dismissed. 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. Is the second arrest eligible for expungement? 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. Convictions involving violence, such as assault, are not eligible per statute. Im sorry Ill try to be more detailed. At this point she needs to contact an attorney in the county of the conviction to discuss her options. 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. If you have been convicted First charge ever convicted in 2015. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Of all misdemeanor classifications, a Class A1 is the At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Am I reading the law incorrectly? I was even able to reach You really need to reach out to an attorney in the county of the charge to discuss your options as the local DA will likely determine those options. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. Can I get this expunged off my record. Did you plead guilty to disorderly conduct in 2014? 2 class A misdemeanors, 1 violent from same incident. Multiple convictions from different incidents is usually a problem in expunction. That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. It is a Class H felony if an alleged offender commits a simple assault, simple assault and battery, participates in a simple affray, causes physical injury, and has two or more prior convictions for either a misdemeanor or felony assault in the prior 15 years. I was arrested but not yet convicted . They were all misdemeanors. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Can this be expunged? Do you have any other convictions of any kind? Prosecutors do not have to prove someone was harmed to convict you of simple assault. This crime a Class H felony. 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. I wanted to see how can i get these expunged. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. 2. It is a Class 2 misdemeanor. Having this on my background has cost me my job. Do I have to wait until 2022 or anything else be done? Charges never automatically drop off your record. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Can she get this expunged? I was 21 whenever I was charged with felony larceny by employee. Every few years they expand the eligibility so keep an eye out for future amendments to the law. He's trying to find out if he is eligible to petition to have the charges expunged before he hires a lawyer. So are you saying I need to just ask for a dismissal and not pay the fines. Selected 4th Circuit cases also are included. Our attorneys represent clients in the following areas: Our criminal defense attorneys are able to represent you for a variety of charges, including: If you have been charged in an assault related crime, then our Raleigh criminal attorneys are ready to serve you. There is no AOC form for the affidavit- you will have to create your own or use an attorney. Alibi the alibi defense is used to show the defendant could not commit the crime in question because they were not present or there are witnesses to testify the event did not occur. Felony- lower class In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. And the woman mentioned was the mother of my child and we were married. She has never been in any trouble before. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." Charlotte Criminal Defense and DWI Lawyer. The charges were not filed by him but the officer who I called at that time. What county is this charge from? That's exactly what I was thinking. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? If your civil rights are restored can a person legally apply for a concealed weapon permit? No other convictions except DWI in 2015 1. Only misdemeanors and felonies are eligible is my understanding. 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? Is that your only non-driving related conviction of any kind? I have nothing else on my record. WebSimple assault is a misdemeanor offense in North Carolina. 14-318.2. The process from start to finish generally takes 9-12 months. I was charged with Simple Assault when I was 16. 2. Multiple convictions from different incidents is a problem. Were your separate felony convictions from different incidents and resolved on different court dates? When a record is expunged the charge will be removed from your official State criminal record. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). 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. Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. What does Assault with a Deadly Weapon mean? The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it . 21 when I was convicted. 06/16/2001 Simple Assault Is it difficult to have a case reopened and then dismissed by the DA? 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!?! Will I be eligible for a expungement after Dec. 1st. I got a few charges back in January of 2015. Also if you don't mind could you tell me what you think the worse is that could happen? 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. What can I do? I am now 43 yrs old. The only felony convictions that are eligible are lower level Class H and Class I. I dont want to spend another $1000 to be told no again. 14-54(a), 14-54(a1), or 14-56. You would need to speak with a local attorney to find out if that is even a viable option. In 2001 I made a stupid mistake at 16. Commit assault on a family member, though, and its a whole different matter. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? I was charged with simple affrary one year ago. Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. No convictions since. To. Any likeliness for that to be expunged? The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. My case will be dismissed on Monday after completing community service. Although the violence may not result in serious injury, it must be intentional and done without legal justification. no other convictions 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. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. But I took a plea for Crime Against Nature. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. Can you tell me if she gets the deferred prosecution is there a waiting period? Private databases and internet mugshot websites may also keep otherwise destroyed data. Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! What website do I go to that will have the correct expunction petition/forms?? Possession and maintaining a dwelling. Then when I was released, Immigration had me sign a letter stating 20 years must pass before entering the country again My questions are, What are my chances of having my felony expunged now since over ten years have passed? Haven't had any charges since. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). Were you originally charged with a felony and it was reduced to a misdemeanor? The result is automatically regarded as a sexual assault. Both tickets have the same date of disposition (and occurrence). I had a misdemeanor larceny charge in 1998 then another in 2014. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. I had so many job offers but each time they run the background they cant accept me if theres any info you can provide that may help please share. Dismissals are always eligible under the new law. My charge was in 2005. That being said I only handle cases in Union and Mecklenburg County. What are my expungement options? 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?
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