Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? 24 years ago . Contact an attorney where the charges originated to see if you have any immediate options. Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense. Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. The wait period refers to the wait period to file for expungement. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. This can cause issues in terms of employment, school, and financial aid. 2017. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. so do i have a fighr to ge it reopen. I'd like to get my CCW License but can't because of the Communicating Threat conviction. Only misdemeanors and felonies are eligible is my understanding. Simple assault is a Class 2 misdemeanor. no other convictions To take the 90-96 I had to plea guilty. I really hate I created all this drama . 1. We explore these types of assault charges in our Felony Assault in North Carolina Blog. (So can you answer my question up above. 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? Did you talk to someone about the MAR on the old bad check conviction? We provide a free consultation for OBX criminal charges. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. 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. I am not sure what you are asking. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? They occurred from 07-2010. DWI convictions are explicitly not eligible for expunction per NC statute 15A-145.5 under subsection.8(a). A video shot by someone in a classroom showed Thanks! Is it possible to get a expungement? I was charged with misdemeanor larceny in 2017. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Take a look at Form AOC-CR-281. 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. What would be the charges? This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. It is only once. I'm wondering if there's any chance of this being dismissed? Possess schedule II (principal) I had a larceny case that was dismissed due to a misunderstanding. Would having an attorney be better in the process here? Convictions involving violence for offenders over age 18 are not eligible.under NC law. It can take up to 12 months to remove a charge from a criminal record in NC. I have printed my petition for expungment as from what I have read I qualify to try for it. Your comment will be posted after it is approved. I was charged with fictitious information to an officer 5 years ago. In one particularly great scene in the greatest series Deadwood of the prestige television era, Al Swearengen, the saloon, 2022 saw Raleighs worst year in homicides. At this point she needs to contact an attorney in the county of the conviction to discuss her options. 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? 1981 conviction of misdemeanor.2007 conviction of dui. Or is it still a conviction and I need to wait for 5 years? I was told that my charge would never be seen again after it go in the system?? Will the DA tell me what form I need? I was 16 at time of offenses and 17 at time of conviction. 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. Do you have any other convictions of any kind? What county was this from? 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. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. This is a Class E felony if there was a serious injury or the intent to kill. Will I be able to ever get these expunged? I got a speeding ticket for going 17 over. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. Simple assault is the least serious assault charge in North Carolina. However, if your case results in a conviction, the wait period depends on the charge and your age. What county was this from? There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. Its been 22 yrs and ive paid a lot of dues. Multiple convictions from different incidents creates major issues. Would his record be eligible for expungement? Plus other felonies. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. Both convictions in 2003. Is there any way to use the PTSD diagnosis to expunge this? several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and 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. The answer is it depends. After an expungement are u eligible to get firearm rights restored? I want to know will this stay on my record ? All were dismissed. The problem with this being on anyone's records is that it affects employment opportunities among other issues. This stopping me from getting employment. 1. If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). I paid a fine and that was it in 2008 can I get it expunged ?? I was convicted of a class H felony in 2008. 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. " Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. will this new law work to get this done now. Can this be expunged? A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. RESTORATION OF FIREARM RIGHTS. He even answered a frantic call The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . I was older than 18 at the time and I know that makes it a little difficult to do so. Getting convictions reopened is not easy and sometimes impossible. I was charged with Statutory rape when I was 19 and it got dismissed. Is there a way to have the conviction expunged or dropped to a misdemeanor? Nevertheless, you should always check with a local attorney to fully explore all your options. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. What county is this from? Did all three charges result in convictions? 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. That was my only time every getting in trouble and have been trouble free since. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? 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. Thanks again! 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 an application asks without qualifiers then I think you should disclose or risk them holding that against you. WebWhen simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. What can I do? Home Criminal Charges Violent Crimes Assault. from me on a Saturday night. Sounds like you are jumping the gun. Convictions involving violence, such as assault, are not eligible per statute. Completed my sentence in 2002. That's what my lawyer told me. You should reach out to a local attorney to see if you have any options such as reopening the case. Booking Number: SCD38MW03012023 Booking Date: 3/1/2023 Age: 38 Gender: M Race: WHITE Height: 6' 00" Weight: 170 Views: 1 Charges: Charge Code: 14-33 (A)|1368|2 Charge Description: SIMPLE ASSAULT Bond Amount: $1,000.00 There is generally a 5 year wait period if you were over 18 when the offense occurred. Thank you in advance! I believe the assault PJC would need to be changed to a dismissal to be eligible. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. 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. I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Can this be removed off my record? Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. You would need to reach out to someone in Wayne county to determine if that is a realistic option. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. For criminal cases there may even be an outstanding. Multiple convictions from different incidents creates a problem. Can I get these expunged? Can I have that removed? My wife didn't press charges and stood with me in court. But if a male assaults a female, he is charged with a higher level crime. Protecting your Privacy ~ Your privacy is our primary concern. 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. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. 02/27/1997 Simply Assault 4 months later in 2013 pled no contest to misdemeanor larceny. Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) I finished it all on 5/5/13. Only lower level Class H and Class I felony convictions are eligible. In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). STEPHEN DANIEL CORN was booked in Buncombe County, North Carolina for SIMPLE ASSAULT. I have a simple assault charge on my record . I should be off probation in 2019. At least, before, I was eligible for expungement 15 years of probation. I was convicted of 4 class H Felonies in the same secession of court in 2006 I had just turned 18 I have no prior convictions or any since should I be eligible under senate bill 445 for an expungement? What can I do? Convictions involving violence are simply not eligible per statute. I was 16 at the time and was denied for a pistol permit last year. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. You were eligible to file the moment the charges were dismissed. 03/08/2001 Simple Worthless Checks Will immigration still find out about them? Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. Multiple felony convictions in different years are usually a problem. That is a rather risky venture to undertake without an attorney. WebContact a Simple Assault Criminal Defense Attorney Today. I have had a perfect record since then, own a business, etc. You should be eligible if it was a misdemeanor or low level felony. Assault is a violent offense under NC law. You should be eligible assuming you have no other convictions besides traffic offenses. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. Is there any possibilities to work out something? 2. 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. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. It took place in Lee county, NC. to have his record cleared ?? If rejected, where in the process would this most likely occur? About 15 years ago I was charged with a class I felony b&e in Cabarrus county. Does it go from when you are charged or how long they drug it out. If you were under 18 when charged it may be possible. It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. There is no waiting period to expunge a dismissal. Can I get these charges expunged, and what form do I use to expunge these charges? Thank you! Prosecutors and law enforcement will have access to records. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. These charges range from felonies to misdemeanors. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. I have never heard of someone trying to expunge an infraction. Here is more detail. I was charged with assault with deadly weapon. they had updated me on the outcome. That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. 285PA20 / 2021-NCSC-124 October 29, 2021). Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. DWI's within the prior 7 years are a grossly aggravating factor. 2. I got a Misdemeanor Larceny when I was 28 back 2015 Can it be expunged now and how if so how much will it cost? Assault and Battery Charges. I was convicted in 2011 of involuntary manslaughter. My husband had a conspiracy to commit assault. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. How many years ago was the conviction? I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. I was told I did not have to register as a sex offender but would like to clear my record if possible. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. The event was 1999 but convicted 4 years later (probably not relevant). Wendell Law Office (919) 365-6000. All of this took place in Mecklenburg county. What website do I go to that will have the correct expunction petition/forms?? I have 2 misdemeanor marijuana convictions. can anything be expunged? Were the convictions from the same incident? it has been at least 7 years since the charge. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal.
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