If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. Even a murder dismissal or not guilty verdict is eligible. All of this took place in Mecklenburg county. We provide a free consultation for OBX criminal charges. Class D felony convictions are not eligible for expunction. Can anything be done with those? Multiple convictions from different incidents usually creates a problem. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Since that older charge is relatively minor and likely could have been dismissed if you hired a lawyer at the time the DA may be open to dismissal. Is it difficult to have a case reopened and then dismissed by the DA? Thank you. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. You were eligible to file the moment the charges were dismissed. I live in Hawaii now and am trying to get my long gun permit to hunt. 2 felonies dismissed in 2013. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. Reach out to an attorney where the charge occurred. 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. or should I attempt to do it before probation is completed? Simple assault is a Class 2 misdemeanor. gave me the fees straight out on the letter including court costs. 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. I think it's wonderful that you're reaching out to the community. Also does this charge show up on background checks now? Therefore, you could be arrested and charged with assault for inciting a bar fight. 4. Will this clear me to get my permit? I was not arrested for this incident . Although an expunction should remove the charge from your official State record there are private databases that may still retain data even for expunged records. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? 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). What was the actual charge? 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. 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? then between 2000 and 2002 had some misdemeanor worthless checks. Did you plead guilty to disorderly conduct in 2014? "This petition is being filed at least ten (10) years after the date(s) of conviction listed above for any nonviolent felony or five (5) years for any nonviolent misdemeanor, or when any active sentence, period of probation, and post-release supervision has been served, whichever occurred later.". 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. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. Mecklenburg County. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Is this a case of ID fraud or did you actually receive this ticket? This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. There would be a shorter wait period if you were under 18 on the date of offense. She (the victim) told me she was coming to court to tell them what happened but didnt show up. Would that be considered a violent crime? 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 have a house in my name but she lives there. 04/07/2002 Obtain Property by false pretense by writing a worthless check Multiple convictions from different incidents creates major issues. To expunge a dismissal you can't have any felony convictions. The law used to be that you could only apply for expunction one time. I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? If it has been at least 5 years you should be eligible to proceed now. Would the new law allow me to successfully have the arrest cleared? You would need to have the case reopened. Charges were back in 2018, disposition was 2019. There are three different types of assault crimes listed under North Carolina General Statute 14-33. 2 were dismissed, 2 resulted in conviction. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. No police were involved and I wasnt arrested because they said I cooperated. note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. when i was 16 in 2001 i was charged with assualt on a minor and in 2003 i was charged with possession of and intent to sell and deliever cocain. I believe the assault PJC would need to be changed to a dismissal to be eligible. Thank you! F. poss if marijuana (56 g) I am not sure I follow. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. You should be eligible assuming you have no other convictions besides traffic offenses. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. Not all violent crimes in North Carolina involve actual acts of physical violence. I also had several charges dismissed. how long will it take to expunge? the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. Would I be eligible under the new law and is it five years from conviction date or completion of probation? Good evening, As soon as a charge is pressed, a pending charge will appear on a background check. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Willing to try anything. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. What county is this conviction from? Hopefully this broken statute is fixed soon to allow for expungement of such an offense! WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. He served Honorably in the Army for 20 + years. Is Character Evidence Admissible to Prove Wrongdoing? Once the charge is dismissed you can immediately file for an expunction. That being said, my understanding after speaking with the powers in Raleigh is that if you can convince a Judge to sign off on an expunction they will process it regardless of whether it meets the statutory requirements. I'm 21. (919) 365-6000. 20-158 (d)(1) on a second ticket. 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. 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. Not sure what no longer had jurisdiction over you because probation had expired means. Is this something that is eligible for expungment? Are you saying you were recently charged and the case is still pending? Unfortunately Class A1 convictions are generally not eligible for expunction in NC. He plead guilty. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. 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. I can not say enough good about David Coolidge and the Law Firm! The first felony would not be eligible due to subsequent convictions. 2017 I got a misdemeanor Larceny. Any dismissed case is eligible for expunction assuming you have no felony convictions. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. What county was the conviction from? You would need to have any assault convictions reopened and changed to dismissals. Or is there any other options where it could be dismissed? Credit card fraud.. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. 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. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. Whether a pardon, sealing, or expungement of my record? I would recommend speaking with an immigration attorney on this issue. That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. There is generally a 5 year wait period if you were over 18 when the offense occurred. This is also my very first offense. Booking Number: 44296. Every one of the charges ended in a voluntary dismissal. i have a hit&run conviction 22yrs ago. The solution may be to see if you can go back and convince the DA to re-open and dismiss the worthless check charge. Felony convictions involving violence are often never eligible. why do they make it difficult. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. Appointments outside regular office hours are available upon request. Im trying to complete my own forms for expungement. Simply verbalizing or acting in a threatening manner will be deemed assault. My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. I hired an attorney who is now disbarred, and I was leaving to marry an ex in California, and I went to two court appearances before the judge would let me leave NC under the requirement that I leave a way to contact me once I got there. I have heard that now any B&E is considered violent. This individual has had no other interactions with the law and completed all probational conditions with no infractions. Not sure why the Court can't tell you- perhaps since eh charge was so old. 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 ? Thank you. Is this elegible for expungement or motion for apropriate relief? I caused no accident, I never had any arrest prior or since. Don't forget you will also have to pay a $175 filing fee. I was wondering how bad my situation is. can anything be expunged? Be aware if rejected it could certainly slow down the process. I am a mass. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. I received a class I felony for NC tax evasion in 2001 for three years of returns. Thank you. so do i have a fighr to ge it reopen. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. 15A-145- forms are about to be updated for the law change effective December 1. An informal deferred prosecution involving maybe community service would probably be the best outcome. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. 03/08/2001 Simple Worthless Checks Only lower level Class H and Class I felony convictions are eligible per statute. 1. Ive done nothing but improve my life since. It appears that charge may be possible to expunge, although I have never attempted to do so. The nastiness continued throughout the process, and I find this inexcusable. Is embezzling expungable? You should be eligible on the damage to real property if no other convictions other than traffic violations. Thank you for your response, Seems like it would be counter productive to keep a college grad from employment for such a thing? it has been at least 7 years since the charge. Get In Touch (704) 247-7110 (704) 247-7110 close. Booking Date: 3/3/2023. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? 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. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. If you have been convicted 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. If it matters I was well over 21 at the time of both arrests. Will I be able to ever get it expunged? David immediately showed his support and listened with an empathetic ear. As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. I havent had any felonies since. Call us today at 980-272-8438. In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. one for B and E And one for possession of stolen goods be expunged? A video shot by someone in a classroom showed If you have been arrested for domestic violence, you need the assistance of an experienced criminal defense attorney to avoid the severe penalties you face if convicted. Does the defendant have any other convictions? I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial. 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. I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. My felony conviction date will reach its 10 year mark on 4/20/19. What county are these charges from? 2) Not Guilty? There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. I was charged with dui in 2004 and possession of marijuana in 2012. All charges (even dismissed charges) remain on your criminal record until expunged. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: The term assault applies to a variety of charges, classes, and degrees. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. I plead guilty to a conspiracy to commit RWDW in. I was charged with simple affrary one year ago. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. Only lower level felony convictions are eligible. They represented me in Court and by midday on the Court date, Case is pending. The new law has a 5 year wait period assuming you have no other convictions. Sounds like you really need an expunction to get this off your record. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. But all reduced. Was found guilty but given a true PJC. Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. Got a misdemeanor Larceny when I was 16. Were they two separate convictions from different incidents? It would depend on exactly what traffic offenses. What constitutes a Distinct Interruption? I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? Thank you for answering questions. 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. 30 day window for filing expunctions in multiple counties. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. I always recommend having an attorney when negotiating with the DA. Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. Raleigh Law Office (919) 615-2473. 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? I assume this was a conviction- what county is this charge from? Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. . In North Carolina, simple assault is a misdemeanor. I was convicted of a class H felony in 2008. Can this be expunged since it was not a DWI? I was 19 years old. Contact an attorney in that county to see if those convictions can be reopened and dismissed. I also have a misdemeanor assault charge before the felony charge. I suspect the rationale is DWI convictions should always be considered by the DMV. You will be under the new law, which just happens to go into effect tomorrow. Can this be expunged? Learn about North Carolina's criminal statutes of limitations in the table below. Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. Sorry, but I just don't have an answer for you. I have no other prior offenses. Are there any fees when filing as I would like to do all the paperwork myself. I highly recommend them if you No other convictions except DWI in 2015 I had that expunged about 3 years ago. 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. Of all misdemeanor classifications, a Class A1 is the Will I be eligible for a expungement after Dec. 1st. 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. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. 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 have not been arrested since the 1995 misdemeanor conviction. We would like to have all of them expunged. Assault convictions for those over age 18 on the date of offense are not eligible per statute. The NC SBI is based in Raleigh. Haven't had any charges since. 14-54(a), 14-54(a1), or 14-56. I was given a court appointed lawyer on the first court date. Your blog is giving a lot of people some great information. The process includes multiple steps You should be eligible if no other convictions besides driving offenses. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. In the case of assault, the charges are brought forth by the State prosecution. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. Surprise! Bottom line is make sure you understand what you are filing before you file anything with the Court. I was 40, and got a a misdemeanor larceny in catawba. WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. You are likely looking at a 10 year wait period after probation ends. Hes handed several matters for Is it possible to get this expunged? 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?) DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. I was older than 18 at the time and I know that makes it a little difficult to do so. By wiped clean they probably meant the charges would be dismissed. And is it possible to manage this without an attorney? If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. The rationale seems odd and incongruent with a 7 year look back period. Speak to someone about reopening and dismissing the worthless check convictions. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. I would recommend contacting an attorney in Iredell now to line things up. i was in my early 20's at the time. If so, you would have to have get some reopened and dismissed. 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? If the charge resulted in a conviction the wait period depends on the age and charge. About 15 years ago I was charged with a class I felony b&e in Cabarrus county. 3. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Thank you very much! I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. Was originally charged with causing an affray and misdemeanor simple assault. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. Paying a fine= pleading guilty. The statute simply excludes traffic convictions as an automatic disqualification. 921 (a) (33) (2022).) Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county. I previoulsy plead guilty. at 919-683-9500 or send a message online with your legal questions. The 2 convictions were was DV Protective Order Violation. His passion for his work and in helping others shines. This is a Class E felony if there was a serious injury or the intent to kill. Court date is coming up in April. 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. 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. , 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault.