Also, I have several speeding tickets that were dismssed for improper equipment. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. Hi Jason. You should be eligible assuming you have no other convictions besides traffic offenses. What if it were the exact same charges, onlly you were 16? The statute does not seem to allow expunction of infractions to which you plea responsible. I would very much like to discuss having my record expunged. Do I have a chance to appeal those convictions? Her court date is next week. The 2 convictions were was DV Protective Order Violation. What do I need to do get this expunged? Depends on the Class level felony and if you have any other convictions of any kind. North Carolina Criminal Statute of Limitations Laws My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. I was charged with assault with deadly weapon. Dismissals are always eligible under the new law. To misdemeanor. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. Does this mean it is expunged completely? Dewey P. Brinkley is a former Wake County Assistant District Attorney. Assaults a child under 12 years old. Well its been 12 years and if I can't get a expungement. If the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. The process includes multiple steps Deal was plead guilty and no prison time or probation. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! Thank you. Three charges were consolidated to one for sentencing. The contact form sends information by non-encrypted email, which is not secure. Was the assault charge dismissed or were you convicted? I was 19 years old. 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. First, are you seeking employment from a job that requires extensive background checks? Was originally charged with causing an affray and misdemeanor simple assault. 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. Are there any fees when filing as I would like to do all the paperwork myself. points on my Driver License. Hi. These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. If so, then I can get multiple expungements after Dec, right? I cannot offer any insight as gun rights are outside my area of expertise. NC Expungement Law in Welcome; About; Practice Areas. there was a poss of cocaine charged that was dropped. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: I am 44 years of age. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. Crazy because the assault on a female was dismissed. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. so do i have a fighr to ge it reopen. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. I was in my mid-twenties. If convicted, a person could be sentenced to between 4 months and 25 months in prison. I was told i didnt have to show up for that. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. A video shot by someone in a classroom showed I have been told that it can not be expunged but i found G.S. Is there a way to have the conviction expunged or dropped to a misdemeanor? That being said, the DA can object and ultimately the Judge decides. 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. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Can that charge be expunged ? Any likeliness for that to be expunged? Paying a fine= pleading guilty. (18 U.S.C. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. The process typically takes 9-12 months, but varies by county. Sorry, but I just don't have an answer for you. Could I apply for removal of the felonies. Does a federal charge effect trying to get a state charge expunged? That being said, the wait period is likely to grow now that more people will be eligible. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Both charges will certainly appear on your record. Your only remedy at this point may be a pardon from the governor. What can I do? What was the actual charge? The statute simply excludes traffic convictions as an automatic disqualification. 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. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? The NC SBI is based in Raleigh. Copyright 2017 - 2023 by Coolidge Law Firm | 200 North Pine Street Your blog is giving a lot of people some great information. If the worthless check resulted in a conviction that likely is a problem. The perpetrator claims that he had gone to siphon gas from the overturned lorry but could only manage to fill one bottle amidst the mob. It now has suspended my mass. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and What county is this from? David Coolidge is a wonderful attorney! They occurred from 07-2010. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Talk to an attorney in the county of the convictions to see if you have any options. The term assault applies to a variety of charges, classes, and degrees. Although this crime can be committed in a domestic situation, this is not always the case. WebSimple Assault in Raleigh NC. Am I understanding correctly that I qualify? This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. If the charge resulted in a conviction the wait period depends on the age and charge. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. Can I get these charges expunged, and what form do I use to expunge these charges? Charged with Assault in North Carolina? What You Need to Know 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. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. If the accused hires an attorney, there is the cost for the legal fee. not sure what it means and my name does not show up when I search on offender search. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. This is exactly what I thought to not pay anything. The courts clerk's make it very hard to,find yourself. Could i file for expungement and what forms would i use? I was arrested but not yet convicted . 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 last thing you want to do is pay the fine for the worthless check charge. But is this reduced charge considered as a dismissal? If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. I havent had any felonies since. Of all misdemeanor classifications, a Class A1 is the Can me and my friend / wife / co-defendant hire the same lawyer? 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 was in Northampton County, looking for advice on the matter. Am I eligible for expunction? Assault by Strangulation NC Hello Sir, Assault is a violent offense under NC law. Can assault be expunged in NC? The punishment for a simple assault, if convicted, depends on your I called in desperation not really expecting an answer. State Bureau of Investigation. 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. A defendant is immediately eligible for both dismissals and not-guilty dispositions. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! You were eligible to file the moment the charges were dismissed. I mean 30 years and being a model citizen with not even a traffic ticket? The process from start to finish generally takes 9-12 months. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? Also, what traffic offences will invalidate the expunction? One. they had updated me on the outcome. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? 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. Assault on a Female Charge in North Carolina We fight for the best possible outcome in every case. (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. 2 were dismissed, 2 resulted in conviction. Thanks for your advice, it's appreciated. Asked him about and expungement, he stated I wasnt eligible because of my age. If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not Is the second arrest eligible for expungement? What county is this conviction from? I am not sure I follow. Now today (October 6, 2022) am I eligible for expungement. Any other steps to make to help with my future and career? So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. i dont have the money to hire an attorney, so im hoping i can do it myself. This crime can be charged as a felony if someone assaults a victim with a deadly weapon with the intent to kill or seriously injure the victim. 06/16/2001 Simple Assault First charge. Thank you! I don't see that as legal advice . This is a Class E felony if there was a serious injury or the intent to kill. I also have a misdemeanor assault charge before the felony charge. I only handle Union and Mecklenburg. My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. You should be eligible to move forward on the dismissals now. I am now 31 and trying to see how I can get this expunged. The Law Office of John C. Fitzpatrick handles traffic violations, criminal defense, personal injury matters, power of attorney, and wills in the North Carolina counties of Durham, Harnett, Wake, Orange, Person, Alamance, and Johnston - including the cities of Durham, Chapel Hill, Pittsboro, and Lillington. About 15 years ago I was charged with a class I felony b&e in Cabarrus county. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. After i completed that, i was eligible for an expungement. Let Dewey P. Brinkley Defend You For Simple Affray. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. 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 had a larceny case that was dismissed due to a misunderstanding. Was the time on that petition changed any with the new bill? A deferral program will have costs associated with any recommended treatment or community service requirements. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. the probation was terminated To expunge the larceny by an employee dismissal you can't have any felony convictions. Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. For felony intent to sell and deliver cocaine.. can it be expunged? He's trying to find out if he is eligible to petition to have the charges expunged before he hires a lawyer. That requires a show of force or menace of violence (overt threat of violence) sufficient to put a victim of reasonable mental firmness in fear of a bodily harm that is imminent or immediately forthcoming. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. It will be up to the prosecution to determine if a plea deal will be offered. I'm thinking I may can file on my own, should I hire an attorney for this situation? Im sorry Ill try to be more detailed. Due to having a criminal background I have not been able to find a job in almost 7 years. Assault Only non-violent Class H and Class I felony convictions are eligible. I am not aware of any recent changes to NC laws regarding restoration of gun rights. Am i able to reopen that case and get it dismissed in Wayne County NC? Not-guilty outcomes also have no charge. It has been around 25 years since then. Am I able to file the petition now or shall I wait till 5/6/18. I made a mistake in 2007 driving with 3 beers in me - I was .08. Thanks! They represented me in Court and by midday on the Court date, Convictions involving violence, such as assault, are not eligible per statute. or should I attempt to do it before probation is completed? This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. Mizoram faces the second wave of covid-19 with the bravery of local heroes, ZMC Medical Students Drowned In Tuirivang, Nursing Student Volunteers Herself to Work at ZMC, Council of Ministers approves establishment of Border Management Cell under Home Department, Perpetrator responsible for tank lorry fire arrested, Mizoram Olympic Association delegates set off for NorthEast Olympic Games 2022. 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 finished it all on 5/5/13. A lawyer handled it and I had no clue it would show on my record until a recent background check. Can I get it expunged and what AOC would I need? I was charged with simple assault on then boyfriend only out of self defense. 1981 conviction of misdemeanor.2007 conviction of dui. Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? That being said I would certainly recommend filing to clear your record. You would likely be filing statute 145.5 which uses Form AOC-CR-281. (ie- your misdemeanor assault). I completed probation an estimated 2 years ago. I asked for Deferred prosecution but I have no idea if I will still get a fine . Thank you. Is this true I can have both of cases expunged now. This hard rule no longer applies, although there are limitations when prior convictions were expunged. He wasn't even on the scene, when the police arrived. 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. 3) Dismissed? Consent the victim approved of the action prior to the act. 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. I was told I couldn't get it sealed or espunged bc is two convictions is that true? The punishments of alleged offenders of assault are decided by judges using North Carolinas structured sentencing system. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. Reach out to an attorney where the charge occurred. 02/27/1997 Simply Assault This myth may originate from laws in other states, but does not apply in North Carolina. South Lenoir High teacher facing assault charges against two The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. An informal deferred prosecution involving maybe community service would probably be the best outcome. I do not have the answer to that question. I was at a house party and went into a room and took a laptop. WebSimple assault is a misdemeanor offense in North Carolina. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. Can I seal a class D drug trafficking charge that I was convicted of in 1999? 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. If so, you would have to have get some reopened and dismissed. It should still not be on your public record, but may be visible to law enforcement. Verbal and written threats will contribute to the charge. What county are these charges from? What can I do? Raleigh Law Office (919) 615-2473. Now he is applying for jobs and has a clean record since but the charge is hindering his search . I was convicted in 2009 served 2 yrs for an awdwisi and I havent been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. The evidence presented by the State must prove or show. Soi have more than a couple misdemeanor domestic violence charges. 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. Evidence of distinct, multiple injuries and nothing more does not serve as sufficient evidence of an interruption, to the level of a distinct interruption allowing for the accused to be charged with more than one count of assault. NCSBI - Expungements This means that someone will have to participate in the court process to resolve the case; The process will cost money for programs, fines, and an attorney; The accused will have a pending criminal charge on their background check until the case is resolved; If the case is resolved by plea or diversion program, or a guilty verdict is rendered in a trial, the criminal record is completely non-expungeable. I have never had any felonies. Now I am applying to medical school and think this may prevent me from becoming a doctor. I got convicted of Communicating Threat back in 1999. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. Can I still get the felony expunged? First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. 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. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Any of these options will take many months and unfortunately, will cost money. 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. Nothing since then. Assault on a Female Charge in North Carolina I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. This is also my very first offense. Do you have any other convictions besides driving offenses? It may be possible depending on the facts of the case after a 10 year wait period. The citation was technically for violating a town ordinance against open containers of alcohol in public. How many changes can you expunged at one time. WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. Simple assault is classified as a Class 2 misdemeanor. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. This includes both convictions and dismissals prior ro DEcember 2020. at 919-683-9500 or send a message online with your legal questions. to have his record cleared ??
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