Selected 4th Circuit cases also are included. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV Would this type of case be eligible for expungement? Did all three charges result in convictions? So what's this new law is there a way got a person with a violent crime that has served his time will he be able to get his record expunged I hear a lot of talk about people getting their records expunged but it also talks about non-violent crimes. No longer in NC and have no plans to ever return. Thank you for your response, 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. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. Thank you. Only lower level Class H and Class I convictions are eligible. Or with they always be up there? Thank you very much for the information! You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief. (1) Am I correct that this is eligible for expunction under G.S. If so, then I can get multiple expungements after Dec, right? Take a look at AOC-264. You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions. Crazy because the assault on a female was dismissed. Also does this charge show up on background checks now? I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. 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? About. But I did not had conviction in durham. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. The answer is it depends. Is it possible to have those records sealed because it's keeping me from getting jobs???? Is there any way to get this expunged across the states or do I have to physically appear in person for the process? AOC form 287 is for dismissed charges only. The new law has a 5 year wait period assuming you have no other convictions. (3) Would getting this expunged require any in-person court appearances in Orange County? Simple assault is classified as a Class 2 misdemeanor. Alibi the alibi defense is used to show the defendant could not commit the crime in question because they were not present or there are witnesses to testify the event did not occur. There are about 20 different. If it was a felony conviction- what class? Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? Juvenile Simple Assault It will be up to the prosecution to determine if a plea deal will be offered. Thank you very much for your help! Simple Assault Charges - Granados Law Group Remember, ANY criminal conviction will typically have a negative impact on hiring status. I just want my hunting privileges back. I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. I would recommend David and this Law Firm to EVERYONE who is reading this review. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. I am a resident of Tennessee, i was serving in the Marine Corps at the time. Are You Eligible for an Expungement in Charlotte? I have 2 simple assault cases that where dismissed can I have these expunged? Simple assault is the least serious assault charge in North Carolina. Reading and researching it states that I am. Is there any possibilities to work out something? Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. 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. Were the convictions from the same incident? Penalties for simple assault and battery can include jail time, probation, community service, and fines. If rejected, where in the process would this most likely occur? I want to know will this stay on my record ? Will either of them cause me to fail a background check for teaching licensure. Those are all felonies, I committed at 16. Do I qualify? I asked for continuance because of this and was denied. North Carolina Misdemeanor Assault and Battery Charges In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. 2 felonies dismissed in 2013. Depending on the state, consequences for a juvenile charged with simple assault could include: jail time (to be served in a juvenile facility or, in rare cases, an adult institution) community service probation restitution (repayment) to the victim for medical bills, lost wages, or other expenses) Can I get these expunged? Thats how I got the pjc I guess. Well its been 12 years and if I can't get a expungement. Does The Term Simple Affray Mean In Raleigh I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. I was 17 years old. Thank you. Thank you. Three years probation were completed. And once expunged will it still show up on background checks/will it be counted against me still? Can I get this expunged off my record. Talk to an attorney in the county of the convictions to see if you have any options. Is that your only non-driving related conviction of any kind? Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Does the defendant have any other convictions? I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. I had a larceny case that was dismissed due to a misunderstanding. WebN.C.G.S. Are these 2 types of charges that can be dismissed? You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. Due to this, there can be confusion on what those charges actually mean. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. I was given a court appointed lawyer on the first court date. Is it difficult to have a case reopened and then dismissed by the DA? 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. That being said I would certainly recommend filing to clear your record. David Coolidge is a wonderful attorney! The long-running James Johnson case in Wilson concluded last week with a PJC (story What are the steps if I am eligible for an expungement. 2. 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. The statute simply excludes traffic convictions as an automatic disqualification. Only lower level Class H and Class I and convictions are eligible. Thanks in advance! Regardless if you are facing misdemeanor or felony charges, you are looking at serious penalties. why do they make it difficult. I have never had a charge before or after this one incident. If no felony convictions you should be at least eligible to expunge your dismissals. It may be possible to go back and re-open the case to get a better outcome. Dismissals cannot be expunged if you have any felony convictions. 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. It may depend on the facts of the case as convictions involving violence are not eligible. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. 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. The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). To. If it is a Class H or Class I felony then it should be eligible. 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. Under our states complicated sentencing system, your punishment will depend on a number of mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted. I am still happily married to the same woman. Depends on the Class level felony and if you have any other convictions of any kind. Thank you in advance for your response. ). I have had no other infractions other than a speeding ticket in 1999. I was 21 at the time of the offense. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. You should be eligible if it was a misdemeanor or low level felony. Because the person they said I conspired with got off with my plea. But he had been to prison for RWDW. 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. Will I be eligible for expungement and when? felon on board .. causes no trouble not perfect lolol. They are reflected as pending charges.. Can I at least get the dismissed felonies expunged? I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. The first felony would not be eligible due to subsequent convictions. I was 24 then; I hadn't begun to consume alcohol until I was 26! All charges (even dismissed charges) remain on your criminal record until expunged. The assault charge was dismissed, I am looking to get that expunged, because it even being on my record is holding me up with that and the, believed, firearms inedibility that's attached. This is a Class E felony if there was a serious injury or the intent to kill. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or If your charge is dismissed there is no wait period. Learn about North Carolina's criminal statutes of limitations in the table below. I was 18. 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. Under this law, an individual who commits an assault, assault and battery, or affray is guilty of a Class A-1 misdemeanor if he is a male over 18 years old and assaults a female, and there is no other law that provides a greater punishment. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Ive gone from Manager to welfare because of this. 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. This hard rule no longer applies, although there are limitations when prior convictions were expunged. I am trying to pull together information and put together a letter for the governor about this issue. As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. 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. Several forms were updated and/or eliminated in April, 2018. You will be under the new law, which just happens to go into effect tomorrow. I have a simple assault charge on my record . I was charged with simple affrary one year ago. The event was 1999 but convicted 4 years later (probably not relevant). Take a look at the newly created AOC-CR-287 for dismissed charges. points on my Driver License. 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. In North Carolina, assault is broad category that encompasses many, many different criminal charges. 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? Probation will be done in 2019. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. 3. There is a 10 year wait period to remove felony convictions. 1. This was my first offense and last. Assault Charges in NC: What is Assault? - North Carolina Would that be a correct assessment? I was giving probation and completed and have not been in any trouble prior or since. 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. Under the new law multiple dismissals are certainly eligible. What are the Types of Assault Charges in North Carolina? If that is your only conviction you should be eligible now. 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. What are you looking to remove from your record? Would I be eligible under the new law and is it five years from conviction date or completion of probation? Assuming you were charged, the charge will appear on your criminal record. 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. If I got a expungement under the old law will the new law have a effect on my expungement? Possess schedule II (principal) I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. They were all misdemeanors. Assaults a child under 12 years old. The charge was in Alexander county if that makes a difference. We are trying to get 4 charges expunged. 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. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. 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. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. Now he is applying for jobs and has a clean record since but the charge is hindering his search . Elements of the Criminal Offense. It was like .2 grams. If the charge resulted in a conviction the wait period depends on the age and charge. 10/02/1999 Simple Assault What county is this conviction from? and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. Misdemeanor convictions wait period reduced from 15 years to 5 years. I made a mistake in 2007 driving with 3 beers in me - I was .08. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? Lincoln County Sheriffs Arrest Reports for March 1, 2023 Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Would his record be eligible for expungement? I would argue the DWI should count as a driving offense which is not a disqualifier. Was charged with a misdemeanor for larceny. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. What county is this charge from? Am I eligible for expungment? The wait period refers to the wait period to file for expungement. This field is for validation purposes and should be left unchanged. I am so very concerned about this reflecting on my background check and having issues in the future. What are my options to get this expunged? It would depend on exactly what traffic offenses. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. An assault on a sports Much is Bail For Simple Assault I received a flee to elude felony class H conviction at 18. 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. You would need to speak to an attorney where these charges originated to see if you have any options. Not sure what to do. I have 2 misdemeanor marijuana convictions. So we actually have a slight chance. I was charged with felony assault by strangulation in 2010. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. WebSimple Assault in Raleigh NC. What was the actual charge? He's very thorough and efficient. 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). Would that be considered a violent crime? Yes. I was older than 18 at the time and I know that makes it a little difficult to do so. I had that expunged about 3 years ago. I have 2 charges. That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility. Older DWI's can still be considered by the court as a regular aggravating factor. The charge was dismissed but it still shows up on my criminal record. Thanks all the help I can get would be appreciated. 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. Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I aint get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor. Here is more detail. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. Only lower level Class H and Class I felony convictions are eligible for expunction in NC.