I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. The long-running James Johnson case in Wilson concluded last week with a PJC (story If the charge resulted in a conviction the wait period depends on the age and charge. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Simple assault is a misdemeanor offense in North Carolina. I would very much like to discuss having my record expunged. Did you plead guilty to disorderly conduct in 2014? Can I have this charge expunged? 24 years ago . It was in Northampton County, looking for advice on the matter. I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, My court appearance will take place on December. It was a class H felony at the time. That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. If both of these elements were present, it would be a Class C felony. Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal allegations. Was the assault charge dismissed or were you convicted? Would I be eligible under the new law and is it five years from conviction date or completion of probation? I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. The police called him back to the scene and told him the law stated that someone had to be arrested. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. 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. she never showed up for court and they charged me even thought she assaulted me. But all reduced. Is it possible to get this expunged? I would talk to a new attorney in the county. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. 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Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. The punishments of alleged offenders of assault are decided by judges using North Carolinas structured sentencing system. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. 2. Wake County. This information does not infer or imply guilt of any actions or activity other than their arrest. I am still happily married to the same woman. During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. Up until rather recently no felony convictions were eligible for expunction. There is the dwi (bac .06) and and g.s. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? Dismissed with leave in NC means the prosecutor the later revive the charge. Is this true? There is also no fee to erase a not-guilty verdict. I pled guilty in 2011 and received one year of probation. Lincoln County Sheriffs Arrest Reports for March 1, 2023 Dare County including Avon, Buxton, Duck, Frisco, Hatteras, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Rodanthe, Southern Shores, and Wanchese; Hertford County including Ahoskie; Hyde County including Ocracoke; and Tyrrell County including Columbia. 06/16/2001 Simple Assault DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. 2. (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. Hello Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). (7a) An offense under G.S. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. Traffic offenses should not be a problem, but the other two convictions are an issue. 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. You will be under the new law, which just happens to go into effect tomorrow. You would need to speak with someone in Wake county as that is where the petition would have to be filed. Do you have any other convictions of any kind? At least, before, I was eligible for expungement 15 years of probation. You might want to take a look at AOC-CR-264. I always recommend having an attorney when negotiating with the DA. I havent had any felonies since. It should still not be on your public record, but may be visible to law enforcement. Is my case consided dismissed and eligible for an immediate expungement? I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. A dismissed charge should be eligible. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. I received a class I felony for NC tax evasion in 2001 for three years of returns. Offense date (3/24/95) They occurred from 07-2010. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. Due to having a criminal background I have not been able to find a job in almost 7 years. Also flee to elude was reduced to disorderly conduct? What makes this charge unique is that if a female assaults a male, she is usually charged with misdemeanor simple assault unless there are serious injuries. It may be possible depending on the facts of the case after a 10 year wait period. Mecklenburg County. What was the outcome of the charges? In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. I have three posses marijuana charges and two drug paraphernalia charges. 2 felonies dismissed in 2013. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. Talk to a local attorney to find out what judges in that county will sign or not sign. I sent comment previously please ignore that. I was charged with Class H Felony Identity theft in 2001. Site Map. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. The statute (see below) speaks to misdemeanors and felonies only. Expunction of records when charges are dismissed or there are findings of not guilty. I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? 1. Did you talk to someone about the MAR on the old bad check conviction? What county is this charge from? This can cause issues in terms of employment, school, and financial aid. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? That being said I would certainly recommend filing to clear your record. In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. I finished it all on 5/5/13. No convictions since. What was the actual charge? That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. You should be eligible as long as you have no felony convictions. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. Unlike many states, North Carolina merges I checked my record and believe the pjc had conditions that Im sure have been met by now. I have a hit and run misdemeanor on my record. Convictions involving violence for offenders over age 18 are not eligible.under NC law. 10/02/1999 Communication Threats I was in high school, under 18..what are my options ? I believe it took a year to process. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! They are reflected as pending charges.. I was 24 then; I hadn't begun to consume alcohol until I was 26! 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. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. What county are these charges from? 14-54(a), 14-54(a1), or 14-56. 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. 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. Reach out to an attorney where the charges originated. What county was this from? WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. I was 21 at the time of the offense. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. DWI convictions have never been eligible for expunction. Each case is different. Older DWI's can still be considered by the court as a regular aggravating factor. Would the new law allow me to successfully have the arrest cleared? I was charged with larency by employee which is a class h felony in 2009. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. 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. It was back in 1995 in Harnett County. Wendell Law Office (919) 365-6000. Are You Eligible for an Expungement in Charlotte? I got a speeding ticket for going 17 over. Multiple convictions from different incidents usually create a problem. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. The State concedes such at the appellate level in North Carolina vs. Jeremy Wade Dew, No. Some jurisdictions include physical attacks as part of the assault. Thank you in advance for your help. Charges never automatically drop off a record after a certain number of years. (18 U.S.C. Booking Number: 44296. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. He has first court appearance next week for arraignment . I was 19 at the time. 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.. Very efficient service. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. 1. Was found guilty but given a true PJC. Private databases and internet mugshot websites may also keep otherwise destroyed data. 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. First thing is get approved for deferred prosecution and then get the case dismissed. To expunge a dismissal you can't have any felony convictions. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. 21 years old. Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense. What county was the conviction from? Do these charges affect my ability to get any of my charges expunged? Read the statute for the required language. Class F is considered a serious felony and convictions are not eligible for expunction. Given the 2 convictions occurred within 2 months of each other..what is process other? I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? Yes this just happened on Feb. 25th. WebA person can be charged with an A1 misdemeanor, punishable by 1-60 days in jail, if he commits an assault, assault and battery, or affray and: Assaults a female if he is a male of at least 18 years of age. I want to know will this stay on my record ? He is intelligent, kind and completely nonjudgmental. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. Crime against nature under N.C.G.S. 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! Was originally charged with causing an affray and misdemeanor simple assault. can anything be expunged? This is a Class E felony if there was a serious injury or the intent to kill. Assuming you were charged, the charge will appear on your criminal record. Charges i paid court cost and that was it. Felon class H When did probation end? You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. I hired him twice for two different cases that I had what if you had 2 sets of misdemeanor convictions 5 years apart. I received probation and a 250 dollar fine. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. Felony in 2012. My attorney at the time was then able to get me a PJC for the misdemeanor. Her court date is next week. Were the convictions from the same incident? An informal deferred prosecution involving maybe community service would probably be the best outcome. 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 in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. Haven't had any charges since. 14-33 Assault on Female. Thanks for taking time out of your day to help citizens like us. Can I get that charge 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? Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. Removing multiple convictions will not be so easy. 03/08/2001 Simple Worthless Checks 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. Assault on a Female Charge in North Carolina And is it possible to manage this without an attorney? Consent the victim approved of the action prior to the act. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Case is pending. If found guilty, the defendant will be responsible for court costs and fines. Sounds like you are using the wrong AOC form. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. So a dismissed domestic violence charge is not eligible?
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