I was convicted of Cyber Stalking in April of 2011. Do I qualify? Depending on the charge, the new expungement law stipulates wait periods ranging from 12 months to 10 years for those under age 22 at the time of the conviction. No other charges before or since. Can I get these expunged? If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. That misconception likely has spread based on the laws from another state, but not North Carolina. What class level was the conviction? Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. A petition must be filed in the County and State where the charge originated. I lived in Georgia at the time. Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? I have an assault charge from 2007 and I think it has a firearms ineligibility attached to it. Thank you. I would definitely use a local attorney rather than attempt anything on your own. What would be your fee to expunge ? I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. I have a misdeamnor larceny from 2008. Convictions involving violence are simply not eligible per statute. The charges were dismissed. These were questions I thought of after I spoke with the lawyer on the phone and I didn't want to call back to ask since he seemed so busy. It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. Let Dewey P. Brinkley Defend You For Simple Affray. Im trying to complete my own forms for expungement. I also seen their are affidavits along with the 266 form but I don't know where to find those. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. Is there a way to have the conviction expunged or dropped to a misdemeanor? 15A-146. If your civil rights are restored can a person legally apply for a concealed weapon permit? Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. As soon as a charge is pressed, a pending charge will appear on a background check. You should be eligible if no other convictions of any kind other than traffic offenses. Will he be eligible to have the charge expunged in North Carolina? I mean 30 years and being a model citizen with not even a traffic ticket? 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. Thanks! Can a person get an expungement if they have done what was ask of them from death by car? Had 5 years probation. Only H and I felony convictions are eligible per statute. That being said, it is always worth a try- the worst that can happen is that your request is denied. Under the new law multiple dismissals are certainly eligible. 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. Were they two separate convictions from different incidents? 2. I believe the assault PJC would need to be changed to a dismissal to be eligible. What county was this from? What constitutes a Distinct Interruption? You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. There is no AOC form for the affidavit- you will have to create your own or use an attorney. You would need to speak with someone in that county to gauge your chances of reopening an old case. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. The convictions were in 2003. They even The charge was dismissed but it still shows up on my criminal record. Because the person they said I conspired with got off with my plea. they had updated me on the outcome. You should be able to proceed immediately with your dismissed charges in Durham County. In When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. Excellent Customer Service. It is a Class 2 misdemeanor. Assault with a deadly weapon is another assault charge in North Carolina. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. I was been told by attorney that if I complete the ALE training program which was 2 hours then the charges will be dismissed and I see on my paperwork it shows VD. 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. Of all misdemeanor classifications, a Class A1 is the 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. I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. I was anxious and nervous about my case from the beginning. Just asking for a dismissal may not work. Infractions generally do not qualify per NC statute. He's very thorough and efficient. Convictions fees vary from $0 to $175 depending on the statute that applies. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. 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 law reads like nothing can be done for a class F felony (A through G are considered "violent"). He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. I was wondering if I would be able to receive and expungement i never been in trouble before. I got a certificate of relief. 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. Thank you very much for your help! Although this crime can be committed in a domestic situation, this is not always the case. Contact an attorney in that county to see if those convictions can be reopened and dismissed. No police were involved and I wasnt arrested because they said I cooperated. At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record. Would I be eligible under the new rules for expunge? How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. 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. If so, then I can get multiple expungements after Dec, right? My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. Saw that sections have been repealed.. Is there any possibility he could get this expunged? Due to having a criminal background I have not been able to find a job in almost 7 years. Why not file for expugement as you never know if that will be a deciding factor? I had a Speeding ticket and they resolved it positively with no 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? These may include: It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.. I would like to have this cleaned up any way possible. I completed Community Service. I have been told that it can not be expunged but i found G.S. 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. gave me the fees straight out on the letter including court costs. The citation was technically for violating a town ordinance against open containers of alcohol in public. That being said, the wait period is likely to grow now that more people will be eligible. I have 2 misdemeanor marijuana convictions. You would need to speak with a local attorney to see if anything can be done. Sounds like you really need an expunction to get this off your record. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. There is generally a 5 year wait period if you were over 18 when the offense occurred. I was only convicted of the hit/run when there was absolutely NO evidence against me. Is there any case or situation where the ten year time period may be excused? I would say you are looking at a 10 year wait period from when probation ends. Asked him about and expungement, he stated I wasnt eligible because of my age. If it has been at least 5 years you should be eligible to proceed now. If both charges originated from Wake County you should be able to list them both on the same petition under the new law. I'm trying to find any information in being able to remove misdemeanors from my record. He is intelligent, kind and completely nonjudgmental. I've briefly spoken with an attorney on the phone (I'm guessing he didn't have time available to meet with us), but he said he would appear on her behalf and go for a deferred prosecution or have it continued depending on the judge that was residing. Assault With a Deadly Weapon. Nothing automatically comes off a record in NC- not even dismissals. Multiple convictions from different incidents is usually a disqualifying factor. Dismissed with leave in NC means the prosecutor the later revive the charge. Elements of the Criminal Offense. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . He served Honorably in the Army for 20 + years. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. It was in Northampton County, looking for advice on the matter. There is no wait period for dismissed charges. Will I be eligible under the new law? The charges were not filed by him but the officer who I called at that time. (919) 365-6000. Expunging a Misdemeanor Conviction in NC All of this took place in Mecklenburg county. How long ago were you convicted of disorderly conduct? What do you think? The contact form sends information by non-encrypted email, which is not secure. For a first time offender charged with a minor offense deferred prosecution is usually always an option. Multiple convictions from different incidents usually creates a problem. Contact an attorney where the charges originated to see if you have any immediate options. I have a misdemeanor assault charge back in 1999. North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors. See the language from the AOC form below: Is there any way to use the PTSD diagnosis to expunge this? They are reflected as pending charges.. Can anything be done with those? It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. 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. The process includes multiple steps I am not aware of B&E being automatically considered violent in NC. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. A PJC was used for both the. The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. Any error can lead to a major delay, in an already lengthy process. 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? https://www.nccourts.gov/assets/documents/forms/cv654-en.pdf?4tqxbrLvOPWIB2i6xD3RzkMbHwwiM9Dl. Can the infraction charge be expunged along with the dwi? I was 25 years old, i was sentenced to 12 months supervised probation. Raleigh Law Office (919) 615-2473. I was charged with assault with deadly weapon. The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. Multiple felony convictions from different incidents usually make you ineligible for any expunction. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. And once expunged will it still show up on background checks/will it be counted against me still? The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. To take the 90-96 I had to plea guilty. The police called him back to the scene and told him the law stated that someone had to be arrested. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. I had a misdemeanor larceny charge in 1998 then another in 2014. If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017. As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " Thats how I got the pjc I guess. I was not convicted and it was dismissed without leave. Thank you. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. I paid a fine and that was it in 2008 can I get it expunged ?? 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 have a PJC for assault on a female from 1998 which was dropped from a rape charge. Possess schedule II (principal) In 2007 Me an her was charged with a misdemeanor simple assault. Thanks. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. The charges were in wake county court. He has NO charges before or after these charges. In the case of assault, the charges are brought forth by the State prosecution. It was back in 1995 in Harnett County. Removing multiple convictions will not be so easy. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. You should consult an attorney for advice regarding your own individual situation. Also, 16 years ago I was convicted of a Class G felony for drugs. It's my understanding I have to wait 10 years after probation ended. What and how is the best and fastest way to get this removed? Hello, my friend will have an assault charged dismissed soon, he is over 18. Am I understanding correctly that I qualify? Only 9 months had passed when I tried to re-enter the US illegally and was caught at El Paso TX, a court appointed lawyer then told me that I had violated the probationary period and because of that a federal judge sentenced me to 8 months in prison. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Further, the North Carolina General Assembly does not appear to enable a victim to charge someone with multiple counts of simple assault for every punch thrown during a fight. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. I was 16 at time of offenses and 17 at time of conviction. I highly recommend. If the charge resulted in a conviction the wait period depends on the age and charge. It took place in Lee county, NC. Reading and researching it states that I am. I really hate I created all this drama . 10/02/1999 Communication Threats I have a simple assault and damage to personal property charge. 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. I would argue the DWI should count as a driving offense which is not a disqualifier. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that No other trouble ever. Does this mean it is expunged completely? My husband was convicted of disorderly conduct in 2007, charge was in 2006. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. Multiple convictions from different incidents create a problem. Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. 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. It was later reduced to misdemeanor assault on female in 2012. Thanks, I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. You should speak with an attorney where the charges originated to determine what options you have at this point. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. It was a class H felony at the time. They represented me in Court and by midday on the Court date, I have never had any felonies. 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. If it was a felony conviction- what class? I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. 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. and that MAR thing? I had no lawyer because I was unaware of the affect that the charge would have on my record! Only lower level Class H and Class I felony convictions are eligible per NC statute. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. 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. The first felony would not be eligible due to subsequent convictions. Willing to try anything. My sentence was community service/probation I was told several years back I wasnt eligible for expungement is this true? First thing is get approved for deferred prosecution and then get the case dismissed. See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. 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. 2017 I got a misdemeanor Larceny. What was the 1981 conviction? Often that type of charge can be dismissed with community service or taking a class. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? i did have a attorney, buncombe county. again but if I am in a similar predicament I would most definitely hire David again. 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. I havent had any felonies since. With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. I cannot offer any insight as gun rights are outside my area of expertise. 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.
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