If it has been at least 5 years you should be eligible to proceed now. We explore these types of assault charges in our Felony Assault in North Carolina Blog. A Class F conviction is not eligible for expunction. Try contacting an attorney in Guildford county to see when you are eligible to file. Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. Speak to someone about reopening and dismissing the worthless check convictions. I am now 43 yrs old. They are reflected as pending charges.. I highly recommend. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. 285PA20 / 2021-NCSC-124 October 29, 2021). Both charges will certainly appear on your record. Hello Sir, Also the other co defendants got it completely dismissed. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. Assault is a violent offense under NC law. I was told by the judge that they no longer had jurisdiction over my case because my probation had expired.is this grounds for expungement? I have a simple possession of marijuana charge from 2012. Mizoram faces the second wave of covid-19 with the bravery of local heroes, ZMC Medical Students Drowned In Tuirivang, Nursing Student Volunteers Herself to Work at ZMC, Council of Ministers approves establishment of Border Management Cell under Home Department, Perpetrator responsible for tank lorry fire arrested, Mizoram Olympic Association delegates set off for NorthEast Olympic Games 2022. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. Felony- lower class Will I be able to ever get these expunged? Can I get these charges expunged, and what form do I use to expunge these charges? After conviction, this point is moot. I was charged with breaking and entering and larceny 6 years ago. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? Does the DWI void any opp at expungement? Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. I have 2 charges. An avalanche occured earlier this evening at ABCI Quarry, Maudarh, Hnahthial District burying atleast 15 people and 3 machinery. This of course is the preferred outcome for a defendant. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. Only lower level Class H and Class I felony convictions are eligible per statute. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? Kirk Kirk Law. I paid all of restitution 4,000 before probation. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. If found guilty, the defendant will be responsible for court costs and fines. Thank you for the Q/A opportunity, 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. It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. 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. It was in Cherokee County, Murphy. KAELIE CATHY KENNEDY Arrest Record - Jail Records Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. 4. The process from start to finish generally takes 9-12 months. The nastiness continued throughout the process, and I find this inexcusable. There is no specific crime of domestic violence in our state. If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." My father is now deceased. Although the violence may not result in serious injury, it must be intentional and done without legal justification. Also, not having a job I was not able to pay my fine and still owe. The statute (see below) speaks to misdemeanors and felonies only. 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. The attorney states he is very confident this case will be dismissed. Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. When can a person be charged with this type of crime? To expunge the larceny by an employee dismissal you can't have any felony convictions. I would recommend speaking with an immigration attorney on this issue. I am charged with a misdeameanor. Upon conviction, a person could be sentenced to 60 days in jail for a first offense and up to 150 days in jail for a second or subsequent conviction. 2. No other convictions except DWI in 2015 So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. I got convicted of Communicating Threat back in 1999. Are there specific forms you might recommend that I can use to eliminate this from my record? There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. Can I get the resisting arrest expunged now? Is it worth getting my recorded cleared? If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. You are likely looking at a 10 year wait period after probation ends. 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. My husband was convicted of disorderly conduct in 2007, charge was in 2006. not sure what it means and my name does not show up when I search on offender search. Assault Lawyer Raleigh | Simple Assault Charges Attorneys If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. It should be eligible for expunction depending on the conviction date. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. 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. You should be eligible if no other convictions besides driving offenses. Do I have ANY chance for expungement? Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. You should be eligible 2 years after your sentence was completed assuming that is your only conviction. Can I get it expunged and what AOC would I need? It does not matter if the act was intended as actual threat or just for fun. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. I had no lawyer because I was unaware of the affect that the charge would have on my record! If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. Ive gone from Manager to welfare because of this. Any employer that disqualifies potential staff based on criminal convictions would, in all likelihood, move on to the next qualified candidate. I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? Before sentencing I left and joined the military and have been serving for 18 years now. Does The Term Simple Affray Mean In Raleigh Would I be able to get these expunged? Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guiltywhen the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now. 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. But what exactly is an Assault on a Female? Thanks! There is a 10 year wait period to remove felony convictions. You should be eligible on the felony dismissal. See if you can get the misdemeanor convictions reopened and dismissed. The problem with this being on anyone's records is that it affects employment opportunities among other issues. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? It would depend on exactly what traffic offenses. Therefore I the Class G conviction will likely disqualify you from any expunction. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I have not had any charges before or after. Hes handed several matters for I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. Don't forget you will also have to pay a $175 filing fee. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. The charge was in Alexander county if that makes a difference. This individual has had no other interactions with the law and completed all probational conditions with no infractions. You should consult an attorney for advice regarding your own individual situation. What county are these charges from? What county were the charges from? Am i eligible for an expungement? That got expunged. I have a simple assault and damage to personal property charge. What county is this charge from? I was charged with simple assault on then boyfriend only out of self defense. Convictions involving violence that occur after 18 are not eligible. Will he be eligible to have the charge expunged in North Carolina? So when should I be able to get all expungement. 1. Elements of the Criminal Offense. I pled guilty to unauthorized use of a vehicle. And new. I would very much like to discuss having my record expunged. What was the actual charge? I am now 35 with only a couple speeding tickets since. Thanks a lot. That being said, the DA can object and ultimately the Judge decides. It appears that charge may be possible to expunge, although I have never attempted to do so. You might want to take a look at AOC-CR-264. Or with they always be up there? I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. The new law has a 5 year wait period assuming you have no other convictions. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Both tickets have the same date of disposition (and occurrence). I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. Sorry this is so long but I look forward to hearing from you soon :-). I have nothing else on my record. 336-379-0539. No trouble since then. I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. 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). 1. 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. We provide a free consultation for OBX criminal charges. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. WebN.C.G.S. For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. What county is this conviction from? Every few years they expand the eligibility so keep an eye out for future amendments to the law. Is Character Evidence Admissible to Prove Wrongdoing? It can be difficult to determine whether there is a distinct interruption between alleged assaults. 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? I am not aware of any law change in NC outside of local government jobs. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. There are three different types of assault crimes listed under North Carolina General Statute 14-33. This is also my very first offense. she never showed up for court and they charged me even thought she assaulted me. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. My charge was in 2005. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. Aggravated Assault in North Carolina I had to pa a fine , do community sevice and 5 yrs probation.