That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. ), Any object that can be used as a weapon to kill. That's exactly what I was thinking. My husband desperately want to join the military. eelony charges, just like misdemeanor charges stay on your record in NC. I am now disabled, and can't travel to appear there in court. I've been looking forward to 2025 to get this fully behind me. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. 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? 2) Not Guilty? Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. That's the only misdemeanor I recall. Yes, pending charges do appear on North Carolina criminal records. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. Or with they always be up there? Assaults a child under 12 years old. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. 2. 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Learn about North Carolina's criminal statutes of limitations in the table below. My court appearance will take place on December. This can cause issues in terms of employment, school, and financial aid. 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. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. Every one of the charges ended in a voluntary dismissal. Am I eligible for expunction? Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. Once the charge is dismissed you can immediately file for an expunction. 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? 10/02/1999 Communication Threats Hi Jason, That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. 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. I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. Nothing automatically comes off a record in NC- not even dismissals. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. Thank you in advance for your help. Monday-Friday 9:00am 5:00pm Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. It can take up to 12 months to remove a charge from a criminal record in NC. I was 20 when charged with Felony Possession of marijuana with intent to sell. 06/13/2001 Simple Assault In the case of assault, the charges are brought forth by the State prosecution. Unlike many states, North Carolina merges Is trafficking by transport able to be expunged? Sounds like you are using the wrong AOC form. Thank you in advance! This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. Having a proper legal representative I had 1 year of unsupervised probation. There are about 20 different. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. Is there any possibilities to work out something? 20-158 (d)(1) on a second ticket. Thank you very much for your help! Will either of them cause me to fail a background check for teaching licensure. Can I seal a class D drug trafficking charge that I was convicted of in 1999? Hi. Charlotte Criminal Defense and DWI Lawyer. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. How many years ago was the conviction? 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! It appears that charge may be possible to expunge, although I have never attempted to do so. Not sure why the Court can't tell you- perhaps since eh charge was so old. Thanks in advance for your response. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. I have 5 misdemeanor charges ranging from 2005 - 2016. Did you plead guilty to disorderly conduct in 2014? This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. 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. I received a PJC for embezzlement 22 years ago. Only lower level Class H and I felony convictions are eligible. For criminal cases there may even be an outstanding. Thank you in advance for your help. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. Were these convictions from the same incident? 4. Did you not have a lawyer- that type of charge can often be dismissed via community service. Hello Sir, To expunge the larceny by an employee dismissal you can't have any felony convictions. Recent Booking / Mugshot for Robert Gee Stalcup in Cherokee Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I aint get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor. Is there absolutely no way to get this expunged? What constitutes simple assault is defined under common law. Were you originally charged with a felony and it was reduced to a misdemeanor? What form do I use to start the process? Verbal and No touch crime is not considered battery just assault. It happened 17 years ago. I should be off probation in 2019. Assault by Strangulation NC Trying to go back and undue a guilty plea to a felony is not going to be easy. Paid what i owed for that. Class F is considered a serious felony and convictions are not eligible for expunction. Assault Charges 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. 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. What can I do? If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. 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. The statute does not seem to allow expunction of infractions to which you plea responsible. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. It may be possible if you were under 18. 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? A petition must be filed in the County and State where the charge originated. These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one partys version of events. 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. I had to pa a fine , do community sevice and 5 yrs probation. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Would I be eligible under the new rules for expunge? If the worthless check resulted in a conviction that likely is a problem. That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. A PJC was used for both the. It was like .2 grams. Kirk Kirk Law. RESTORATION OF FIREARM RIGHTS. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. Reach out to an attorney where the charge occurred. That is why she had the protective order. I received a PJC for misdemeanor domestic violence in NC in 1996. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. I was 24 then; I hadn't begun to consume alcohol until I was 26! The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. How are they "Verified"? You would need to speak with a local attorney to find out if that is even a viable option. Can I get the resisting arrest expunged now? I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. Mr. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? the DA at 1st wanted to meet but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checksthats what my attorney told me the end.. Can I get it expunged and what AOC would I need? From the inception of a DWI I had the arresting officer lie on my report. You would need to reach out to someone in Wayne county to determine if that is a realistic option. Can I get that charge expunged? As an example, ashow of forceorattackcan refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. Many You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. You would likely be filing statute 145.5 which uses Form AOC-CR-281. Asking for a gal trying to get in nursing school 17 years later. Thank you. After an expungement are u eligible to get firearm rights restored? North Carolina This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Her court date is next week. Although the violence may not result in serious injury, it must be intentional and done without legal justification. 1) Guilty? Would I be elegible for expungement of this dismissed charge? Multiple felony convictions from different incidents usually make you ineligible for any expunction. Even if he was charged with 2 counts it seems strange the DA did not agree to dismiss 1 count unless extra charges were also involved. Assault Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. All were dismissed. To take the 90-96 I had to plea guilty. To be up after probation or does it start when the offense happened. Possession and maintaining a dwelling. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. Thank you! I was convicted of B.E and B.E. What was the infraction charge? My husband is military and we are currently stationed in California. Is there any way to use the PTSD diagnosis to expunge this? Child abuse a misdemeanor. She's never had any other offense (other than a traffic ticket) but understandably it's made getting a better job very hard as most employers will take one look at the felony and what it was for and won't give her a chance to explain the circumstances and why she's not dangerous. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. Completed probation. This was a trafficking charge (MDMA). You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. Both charges were dismissed. Thanks! 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. 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)!! There is no fee to expunge straight dismissals, that did not involve deferred prosecution. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. him after hours through phone calls, texts, and email. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). They even I have an assault charge from 2007 and I think it has a firearms ineligibility attached to it. In 1996 I was 24 And was found guilty of felony possession of marijuana. Felony convictions wait period reduced from 15 years to 10 years. Of all misdemeanor classifications, a Class A1 is the That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. So when should I be able to get all expungement. Excellent Customer Service. Seems like it would be counter productive to keep a college grad from employment for such a thing? I also had several charges dismissed. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. When I was 16, which was 2012, I committed a numerous amount of charges. I previoulsy plead guilty. It's been so long ago and I have done many things to prove I am a different person now and have character references. I know that the dv charges are not eligible for expungment. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. I was anxious and nervous about my case from the beginning. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. That charge was dismissed as well. A dismissed charge should be eligible. Deal was plead guilty and no prison time or probation. Any dismissed case is eligible for expunction assuming you have no felony convictions. DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). Is Character Evidence Admissible to Prove Wrongdoing? I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. The process includes multiple steps 1. The fact that you were charged is never wiped clean absent an expunction. I was convicted in 2011 of involuntary manslaughter. It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. You might want to take a look at AOC-CR-264. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. 2. You would be eligible now assuming you have no felony convictions. There is generally a 5 year wait period if you were over 18 when the offense occurred. I was 19 at the time. Its been 22 yrs and ive paid a lot of dues. I had a Speeding ticket and they resolved it positively with no The charge was in Alexander county if that makes a difference. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. I also have a misdemeanor assault charge before the felony charge. Multiple convictions from different incidents create a problem. 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. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. I was at a house party and went into a room and took a laptop. Also, not having a job I was not able to pay my fine and still owe. Thank you very much for the information! I do well in school and wanna succeed , any chance of that being expunged. A good criminal lawyer can help you get your charges reduced or possibly even dropped altogether if the attorney has been given enough time and information to put together a compelling defense. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. You should reach out to a local attorney to see if you have any other options. SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 Do I qualify? It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. I would talk to a new attorney in the county. 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. I was 21 at the time of the charge and it's been over 5 years since disposition in court. I was charged with misdemeanor larceny in 2017. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. Im trying to complete my own forms for expungement. North Carolina Hello. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. So even if the victim wants the charges dropped, she does not get to make that decision. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. If both of these elements were present, it would be a Class C felony. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. I had no lawyer because I was unaware of the affect that the charge would have on my record! This is a Class E felony if there was a serious injury or the intent to kill. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. You will need to reach out to an attorney in that county for more guidance. What can I do? Assault charges takes many forms in North Carolina. For dismissals there should be no wait period. F Maint/Dwell/plce/vhec Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. I recieved a petiton/order of expungement in the mail. See the language from the AOC form below: What county were these convictions from? Does the defendant have any other convictions? a distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. I was charged with larency by employee which is a class h felony in 2009. What kinds of punishments can an alleged offender be sentenced to? And is it possible to manage this without an attorney? If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. to have his record cleared ?? I plead guilty to a conspiracy to commit RWDW in. Was the time on that petition changed any with the new bill? Hi. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. This method of sentencing takes into account the nature of the crime an alleged offender has been charged with as well as his criminal history. 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.. He has NO charges before or after these charges. He wasn't even on the scene, when the police arrived. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. My understanding is that as long as a Judge will sign it then it will go through. How old were you when charged? Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. Juvenile Simple Assault I guess you need to speak with a local attorney to pull the file and/or examine the courthouse computer entry to answer that question. You are however eligible to remove the dismissals. I had a couple of review dates and my final review date was last week. I am not sure I follow. I got a speeding ticket for going 17 over. 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. I really hate I created all this drama . Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Completed my sentence in 2002. To expunge a felony conviction you can't have any other convictions. He should followup with an attorney in the county where the charge orientated. 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. Multiple convictions can be problematic.

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