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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? Ive gone from Manager to welfare because of this. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. Is Character Evidence Admissible to Prove Wrongdoing? I was convicted in 1997 of felony death by motor vehicle.I was 17. Sealing a criminal record is not something I have seen in NC. Hello Mr. Witt, It was reduced to a misdemeanor larceny and a PJC was granted. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. This was my charges Can I have my record expunged early? Willing to try anything. I would talk to a new attorney in the county. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. Are You Eligible for an Expungement in Charlotte? 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. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. Can anything be done with those? Your Assault Charges in North Carolina Depend Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. I don't see that as legal advice . Will I be eligible for a expungement after Dec. 1st. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Am i eligible for an expungement? 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. That being said, you could always list the extra charge and see if a Judge will sign off on it. I was 17 years old. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Or is there any other options where it could be dismissed? With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. The only felony convictions that are eligible are lower level Class H and Class I. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Both were at the same time 11/2009. The 10 year wait period for felonies does not begin until the probation period is completed. Thanks! What are the steps if I am eligible for an expungement. I was not convicted and it was dismissed without leave. What county is this charge from? she never showed up for court and they charged me even thought she assaulted me. Its been 22 yrs and ive paid a lot of dues. Any person who commits a simple assault, or a simple assault and battery, or participates in a simple affray (public fighting) is guilty of a Class 2 misdemeanor. Firearm rights are not in my field of expertise. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Every few years they expand the eligibility so keep an eye out for future amendments to the law. I cannot say enough about Attorney Coolidge and his staff. Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. But he had been to prison for RWDW. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. This was my first offense and last. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. Am I eligible for expungment? The fact that you were charged is never wiped clean absent an expunction. You probably want to wait until all cases are dismissed so you only have to file one time. Will I be eligible for expungement and when? The rationale seems odd and incongruent with a 7 year look back period. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. Are these you only convictions of any kind? This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. You should be eligible if it was a misdemeanor or low level felony. 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. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. There would be a shorter wait period if you were under 18 on the date of offense. Thanks a lot. We would like to have all of them expunged. If i prove that I had a good conduct till today (October 8, 2022) from the date of conviction will the judge be able to grant me permission to get my charges expunged? I lived in Georgia at the time. 3) Dismissed? I would certainly recommend hiring an attorney. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? i actually tried last year for expunction was told there was just to many, and the DA wouldnt do it. Older DWI's can still be considered by the court as a regular aggravating factor. Booking Number: 44296. Fees vary based on the outcome of the case. Wendell, NC 27591 And how do,you get the initial judges signature to start process ? Will I be able to ever get these expunged? I dont want to spend another $1000 to be told no again. The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. Hi, I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. Threatening behavior that places I am trying to pull together information and put together a letter for the governor about this issue. I have never seen it done with a serious felony, but it is technically possible. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). To be up after probation or does it start when the offense happened. I hired him twice for two different cases that I had Assault convictions for those over age 18 on the date of offense are not eligible per statute. I have had no other infractions other than a speeding ticket in 1999. Established in 2009, The Chetson Firm strives to get justice for clients. Smith's Criminal Case Compendium You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. 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? That being said, the wait period is likely to grow now that more people will be eligible. Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Five years of probation sounds much more like a felony than misdemeanor. The 5 year misdemeanor wait time starts to run after probation is completed. I received probation and a 250 dollar fine. Have not yet went to court.. but attorney is very confident he can get charge dismissed. 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) i was in my early 20's at the time. Did all three charges result in convictions? I completed the probation period of 1 year + community service per the court order. There is no specific crime of domestic violence in our state. I've since had a DWI charge that was dropped. You should also speak to the clerks at the courthouse about local procedure. I was able to get the arrest expunged in 2012. It may depend on the facts of the case as convictions involving violence are not eligible. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. 4509 Creedmoor Rd., Suite 201 What was the infraction charge? Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. (So can you answer my question up above. I was 25 years old, i was sentenced to 12 months supervised probation. Search North Carolina General Statutes. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. Im 38 yrs old, never in trouble before that or after. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . Probation will be done in 2019. Can I seal a class D drug trafficking charge that I was convicted of in 1999? Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. F. poss if marijuana (56 g) Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. The courts clerk's make it very hard to,find yourself. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. I was told I did not have to register as a sex offender but would like to clear my record if possible. 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. 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. Related Article: Felonious Assault I pled guilty on1/03/2008 to the following: I have printed my petition for expungment as from what I have read I qualify to try for it. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. 336-379-0539. from me on a Saturday night. Under the new law multiple dismissals are certainly eligible. 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. There is no wait period for dismissed charges. The answer may vary by state. The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. I don't have any advice for a Class G conviction other than to talk to an attorney in the county where the charge originated to see if anything can be done such as a Motion for Appropriate Relief to reopen the case and get a better outcome. Can two separate Felonise they are over 35 years old and I have no convictions since then. Main concern is background checks for employment. NC AGGRAVATED ASSAULT No idea what they were. Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. The following convictions listed below are not eligible. and that MAR thing? Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. AOC form 287 is for dismissed charges only. If convicted, a person could be sentenced to between 4 months and 25 months in prison. Can I get this expunged off my record. I was convicted of B.E and B.E. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. I completed probation an estimated 2 years ago. The last thing you want to do is pay the fine for the worthless check charge. I was 18. Were they two separate convictions from different incidents? Multiple convictions from different incidents usually create a problem. I was told to go to the magistrates office early Monday morning. How long ago were you convicted of disorderly conduct? Wesley Keith Hudson, 43 was arrested on charge of Failure to Thanks in advance for your response. The nastiness continued throughout the process, and I find this inexcusable. 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. KAELIE CATHY KENNEDY Arrest Record - Jail Records Well its been 12 years and if I can't get a expungement. 15A-145.5? Is this something that is eligible for expungment? I am charged with a misdeameanor. By January 10, he was dead. Thank you in advance.. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. I believe it could, although I have never encountered that scenario. To expunge a felony conviction you can't have any other convictions. You would need to determine exactly what Class felony of which you were convicted . I finished it all on 5/5/13. Lincoln County Sheriffs Arrest Reports for March 1, 2023 Lincoln County Sheriffs Arrest Reports for March 1, 2023 There is generally a 5 year wait period if you were over 18 when the offense occurred. My husband is military and we are currently stationed in California. Hopefully a lawyer could appear on your behalf, but local procedures vary by county. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. The policy of law enforcement in Wake County is that if the police are called, someone must be charged, even if there was no laying of the hands or any physical contact. 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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. Also can I get all these removed all at once?). ), Any object that can be used as a weapon to kill. To expunge a dismissal you can't have any felony convictions. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. He has NO charges before or after these charges. I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. How Serious Are My Assault Charges in North Carolina? What county were the charges from? Court date is coming up in April. They even The attorney states he is very confident this case will be dismissed. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? I have never heard of someone trying to expunge an infraction. It was later reduced to misdemeanor assault on female in 2012. Am I eligible for an expungement? Multiple convictions from different incidents is also an issue. 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. Convictions involving violence such as assault are not eligible. got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record. Is it possible that I can get this expunged. To expunge the larceny by an employee dismissal you can't have any felony convictions. No more limit on number of dismissals than can be expunged. I was even able to reach 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. Should I also hire an attorney? I was charged with assault with deadly weapon. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. 2. In North Carolina, simple assault is a misdemeanor. Class I for felony I assume this was a conviction- what county is this charge from? Only lower level Class H and Class I felony convictions are currently eligible under NC law. Were you age 16 or 17 at the time of conviction? I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? Yes. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: Commit assault on a family member, though, and its a whole different matter. That being said I would certainly recommend filing to clear your record. I had a Speeding ticket and they resolved it positively with no 15A-145- forms are about to be updated for the law change effective December 1. I pled guilty to unauthorized use of a vehicle. Am I able to file the petition now or shall I wait till 5/6/18. David Coolidge is a wonderful attorney! Help!! It is a Class 2 misdemeanor. For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. A large number of our clients have gotten into a heated argument with their spouse and have called the police to help mediate the discussion. Talk to a local attorney to find out what judges in that county will sign or not sign. DWI's within the prior 7 years are a grossly aggravating factor. All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didnt get dismissed like the other two will I still be able to use the 287 form? Assault by Strangulation NC My wife didn't press charges and stood with me in court. You were eligible to file the moment the charges were dismissed. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. It did not affect any employment. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. It shows up on background checks as CLASS H felony. For repeat offenders, jail time can reach 60 days. 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. On television, we often hear police and lawyers use words like assault and battery interchangeably. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. Hopefully I never need his services I was charged with breaking and entering and larceny 6 years ago. The expunction process due to the backlog generally takes 9-12 months to finalize. , 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. In the time since now, a law has changed making my b&e unable to be expunged. 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. 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. You can't expunge a charge until it has been handled. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. Even if the victim tells the DA she does not want to pursue charges, the DA is unlikely to drop them. Both charges were dismissed. Is there a chance to expunge just the misdemeanor? Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. Can I get it expunged and what AOC would I need? Unlike many states, North Carolina merges You would need to speak with someone in Wake county as that is where the petition would have to be filed. That being said, it may be possible to change the PJC into a dismissal or not guilty. I believe the assault PJC would need to be changed to a dismissal to be eligible. Charges were back in 2018, disposition was 2019. no other convictions We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. 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. Thank you in advance! Hes handed several matters for Pleaded guilty to Breaking and Entering when I was 19 in 2000. I also have a previous charge for the same thing but it was dismissed. I have a misdeamnor larceny from 2008. What can I do? So a dismissed domestic violence charge is not eligible? What was the outcome of the charges? WebNew Jersey: According to N.J.S.T 2C 12-1, most simple assaults are classified as disorderly person offenses, which are punishable by up to 6 months in jail and $1,000 in A lawyer handled it and I had no clue it would show on my record until a recent background check. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. You should be able to proceed immediately with your dismissed charges in Durham County. If the offense of assault was before the person turned 18 they have an opening under G.S. I was wondering how bad my situation is.