Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. Misdemeanor convictions wait period reduced from 15 years to 5 years. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. 2 were dismissed, 2 resulted in conviction. i dont have the money to hire an attorney, so im hoping i can do it myself. 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. Multiple felony convictions from different incidents usually make you ineligible for any expunction. 3) Dismissed? 4 months later in 2013 pled no contest to misdemeanor larceny. 06/13/2001 Simple Assault I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G .I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G. Class G felony convictions are simply not eligible per NC statute. Dismissals are free to file. Is this a case of ID fraud or did you actually receive this ticket? can i get a assault on female expunged? How many changes can you expunged at one time. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. First time dismissals were eligible even under the old law. 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. It sounds like the lawyer you spoke with gave you good advice. Had charges misdemeanors non violent over 10 years ago. The punishment for a simple assault, if convicted, depends on your Thats how I got the pjc I guess. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. Hello Sir, (2007) Will I be able to get that expunged? I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). If you want dismissed charges removed from your record you would have to petition for an expunction. Case not dismissed, pled "no contest". Were the convictions from the same incident? North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. Established in 2009, The Chetson Firm strives to get justice for clients. So are you saying I need to just ask for a dismissal and not pay the fines. I truly did not understand the severity of what I did at the time or how the consequences would impact my life when I was trying to make it in the adult world. Of all misdemeanor classifications, a Class A1 is the Thanks. Getting convictions reopened is not easy and sometimes impossible. in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD. Class H should qualify after a 10 year wait period under the new law. The 2 convictions were was DV Protective Order Violation. What county is this charge from? Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. Blacks Law Dictionary also refers to an assault as, popularly, any attack.. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. speeding to elude arrest 4-7-09. I am worried one stupid mistake may hurt my job chances? The charges were in Rutherford county North Carolina. I never knew it had been dropped to Assault on a female until recently. It was a misdemeanor charge close to 10 years ago. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. 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. I thought it was a done deal, but during a background check they showed up as misd. 3. I was charged with breaking and entering and larceny 6 years ago. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. I highly recommend. Am I understanding correctly that I qualify? It may be possible if you were under 18. 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. It was a class H felony at the time. Will this clear me to get my permit? Your blog is giving a lot of people some great information. I was wondering if I would be able to receive and expungement i never been in trouble before. Hello Mr. Witt, in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. My charge was in 2005. Simple assault is the least serious assault charge in North Carolina. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. Thank you. I'm guessing this would be easily expunged? At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. And new. Once the charge is dismissed you can immediately file for an expunction. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. I am a two-time felony from 91 + 93 can this record be sealed. Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. Is disorderly conduct expungable after Dec. 1? This is a change from the prior law. Feb. 25, 2023 Arrests. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. WebN.C.G.S. Don't forget you will also have to pay a $175 filing fee. 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 are however eligible to remove the dismissals. I am trying to pull together information and put together a letter for the governor about this issue. What can I do? Of all misdemeanor classifications, a Class A1 is the most serious. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. I have an assault charge from 2007 and I think it has a firearms ineligibility attached to it. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. You would need to speak to a local attorney to see if you have any other options. They sent me a letter in the mail explaining that DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. Three charges were consolidated to one for sentencing. Would I be eligible under the new law and is it five years from conviction date or completion of probation? Read the statute for the required language. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. 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. WebUnder North Carolina law, these crimes are defined as: Assault. Appointments outside regular office hours are available upon request. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR Many Assault on first responders police, firefighters, emergency medical technicians, etc. My understanding is that as long as a Judge will sign it then it will go through. 285PA20 / 2021-NCSC-124 October 29, 2021). I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. You should reach out to a local attorney to see if you have any options such as reopening the case. 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! The attorney states he is very confident this case will be dismissed. What if it were the exact same charges, onlly you were 16? If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Asked him about and expungement, he stated I wasnt eligible because of my age. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. WebSimple Assault/Assault and Battery Charge If the victim does not need medical attention for their injuries, and no aggravating factors are present, you will face simple assault Hi, I was convicted of a dui/death by vehicle and served 37 mos. For dismissals there should be no wait period. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. After conviction, this point is moot. . While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Seems like it would be counter productive to keep a college grad from employment for such a thing? Can the infraction charge be expunged along with the dwi? Iredell county- NC For felony intent to sell and deliver cocaine.. can it be expunged? Assault and battery are serious crimes, and if you have been charged with either one, it is important to seek legal help as soon as possible. Also, if you have a record of past criminal convictions, the judge is more likely to impose maximum sentence, especially if prior convictions were for assault as well. If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). RESTORATION OF FIREARM RIGHTS. I had community service and paid restitution. We are trying to get 4 charges expunged. My attorney at the time was then able to get me a PJC for the misdemeanor. 03/08/2001 Simple Worthless Checks It was my first time ever in trouble and havent been in trouble since. 21 when I was convicted. We fight for the best possible outcome in every case. 08/31/1999 Simple Assault Given the 2 convictions occurred within 2 months of each other..what is process other? Can i get the Class I PWIS conviction expunged? Consent the victim approved of the action prior to the act. Thanks for answering questions! They represented me in Court and by midday on the Court date, Several forms were updated and/or eliminated in April, 2018. it has been at least 7 years since the charge. 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 Coolidge delivered on all that he promised and more. Help!! 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. Am i eligible for an expungement? 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? Were they all convictions? WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. I would recommend David and this Law Firm to EVERYONE who is reading this review. The criminal defense attorneys at The Coolidge Law Firm will fight to achieve a resolution to your case that involves the fewest possible immediate and long-term penalties. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Am I eligible for expunction? they need job to take care of family. 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. If it was a felony conviction- what class? I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird. Did you talk to someone about the MAR on the old bad check conviction? Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. Can I get my conviction expunged and legally own a firearm. 25 years ago in college, I pleaded guilty to a charge and had it expunged. This was my first offense and last. Received 5 years probabtion which was ended after one year. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. It was dismissed but still on my record. See:North Carolina v. Brooks, 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. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? I bumped a vehicle there was no damage and took off someone reported it. The only felony convictions that are eligible are lower level Class H and Class I. she never showed up for court and they charged me even thought she assaulted me. The 5 year misdemeanor wait time starts to run after probation is completed. I received a pjc on misdemeanor assault on a female in february 2001. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Verbal and written threats will contribute to the charge. 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 If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. The rationale seems odd and incongruent with a 7 year look back period. 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. Does the DWI void any opp at expungement? 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. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? I was charged with simple assault on then boyfriend only out of self defense. 2016 I got a misdemeanor Larceny that got dismissed. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. 06/16/2001 Simple Assault are in need of Legal Services. Convictions fees vary from $0 to $175 depending on the statute that applies. I've been looking forward to 2025 to get this fully behind me. 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 highly recommend them if you 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.

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