It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. one for B and E And one for possession of stolen goods be expunged? Fees vary based on the outcome of the case. Once signed your local county may immediately destroy the file held at the Courthouse. Take a look at the newly created AOC-CR-287 for dismissed charges. It should be eligible if no other convictions other than traffic offenses. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. Only lower level Class H and Class I felony convictions are eligible. Is there absolutely no way to get this expunged? Once the charge is dismissed you can immediately file for an expunction. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. Remember, ANY criminal conviction will typically have a negative impact on hiring status. Traffic offenses should not be a problem, but the other two convictions are an issue. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. 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 was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. I checked my record and believe the pjc had conditions that Im sure have been met by now. You should reach out to a local attorney to see if you have any other options. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. Coolidge delivered on all that he promised and more. I had community service and paid restitution. If both of these elements were present, it would be a Class C felony. If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? Depends on the Class level felony and if you have any other convictions of any kind. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). can i get a assault on female expunged? Can this be expunged since it was not a DWI? In 2001 I made a stupid mistake at 16. Simple assault is the least serious assault charge in North Carolina. -Bridgette. Only lower level felony convictions are eligible. I was even able to reach DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. First, are you seeking employment from a job that requires extensive background checks? I completed Community Service. i did have a attorney, buncombe county. How old were you when charged? They were both misdemeanors. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). I should be off probation in 2019. . 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. WebSimple assault in North Carolina is a class 2 misdemeanor. 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 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. First thing is get approved for deferred prosecution and then get the case dismissed. This is exactly what I thought to not pay anything. Pleaded guilty to Breaking and Entering when I was 19 in 2000. It was a misdemeanor charge close to 10 years ago. 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. What county were these convictions from? That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. She's never had any other offense (other than a traffic ticket) but understandably it's made getting a better job very hard as most employers will take one look at the felony and what it was for and won't give her a chance to explain the circumstances and why she's not dangerous. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. No lawyer is required to petition the Court for a record expunction in NC. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. Have not yet went to court.. but attorney is very confident he can get charge dismissed. Multiple convictions from different incidents is a problem. no other convictions It was back in 1995 in Harnett County. ). I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. What does Assault with a Deadly Weapon mean? Any of these options will take many months and unfortunately, will cost money. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. The 10 year wait period for felonies does not begin until the probation period is completed. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. Or offense. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. I have a misdeamnor larceny from 2008. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. Guilford I know that the dv charges are not eligible for expungment. Where do I get the form?. Thank you in advance! The term assault applies to a variety of charges, classes, and degrees. 10/02/1999 Communication Threats 15A-146. Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. I am reading up on the expungement process, as these are keeping me from finding employment in my field. 08/31/1999 Simple Assault Booking Date: 3/3/2023. Other Distinct Interruptions may include a change in location, an interruption resulting in a change in the attack momentum, or some other clear break that delineates the end of the first assault and the beginning of a second or other additional assault. Charges never automatically drop off your record. Was charged with a misdemeanor for larceny. Verbal and written threats will contribute to the charge. I paid 20k in restitution and 200ish hours in community service which was completed in 2010. 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. Three charges were consolidated to one for sentencing. That being said, it is always worth a try- the worst that can happen is that your request is denied. It's been so long ago and I have done many things to prove I am a different person now and have character references. The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. Reach out to a local attorney to confirm your options as application of the law varies by county. Would I still be eligible for expungement despite that worthless check? Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. How are they "Verified"? As a result, the Supreme Court looks beyond the total number of punches or the repeated nature of physical contact with the alleged victim in determining whether more than one assault has occurred, such that the prosecutor may seek convictions for multiple counts of assault. And once expunged will it still show up on background checks/will it be counted against me still? I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. Were they both convictions? I have a PJC for assault on a female from 1998 which was dropped from a rape charge. The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. there was a poss of cocaine charged that was dropped. 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? The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. There is no AOC form for the affidavit- you will have to create your own or use an attorney. I was charged with misdemeanor larceny in 2017. Site Map. Multiple convictions from different incidents is usually a problem in expunction. He served Honorably in the Army for 20 + years. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Private databases and internet mugshot websites may also keep otherwise destroyed data. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. I have nothing else on my record. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. It may be possible if you were under 18. Are all these convictions? so do i have a fighr to ge it reopen. Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. That charge was dismissed as well. It can take up to 12 months to remove a charge from a criminal record in NC. If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. 2003 and received 3 yrs probation. If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. The NC Court of Appeals has addressed the issue on more than one occasion. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. It should still not be on your public record, but may be visible to law enforcement. Absolutely! It was in Northampton County, looking for advice on the matter. As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. Also, what traffic offences will invalidate the expunction? Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. He is now 25 and has no other brushes with the law.. We will provide a thorough review of your case to help you understand all of your options when you call our firm today at (919) 239-8448 to take advantage of a free, confidential consultation. Do I have a chance to appeal those convictions? The criminal history of the alleged offender and/or any injuries suffered by the alleged victim can result in more serious charges. Thank you! Am I eligible for expunction? (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP they had updated me on the outcome. Is it possible that i reopen the case and fo for a not fuilty plea. I'm 21. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. All of this took place in Mecklenburg county. I would like to have this cleaned up any way possible. Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. There is no specific crime of domestic violence in our state. And Larceny class H Felony in 2001. I really felt, and still do, that he really cared about helping me. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. I plead guilty to a conspiracy to commit RWDW in. The policy of law enforcement in Wake County is that if the police are called, someone must be charged, even if there was no laying of the hands or any physical contact. No other trouble ever. He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. And the woman mentioned was the mother of my child and we were married. In 2001, I was convicted of felony embezzlement. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. It will be up to the prosecution to determine if a plea deal will be offered. Our attorneys represent clients in the following areas: Our criminal defense attorneys are able to represent you for a variety of charges, including: If you have been charged in an assault related crime, then our Raleigh criminal attorneys are ready to serve you. So are you saying I need to just ask for a dismissal and not pay the fines. I called a lawyers office and they told me assault charges cannot be expunged. How many changes can you expunged at one time. Thank you. The statute (see below) speaks to misdemeanors and felonies only. I was told by a judge that I need to pay fines and I will get a class E felony on my record. Is this elegible for expungement or motion for apropriate relief? Does it start a conviction. He's very thorough and efficient. Sounds like you are using the wrong AOC form. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. The long-running James Johnson case in Wilson concluded last week with a PJC (story 06/16/2001 Simple Assault You probably want to wait until all cases are dismissed so you only have to file one time. Completed probation. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! 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 What county was the conviction from? She has never been in any trouble before. I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. It was like .2 grams. Can a person get an expungement if they have done what was ask of them from death by car? I highly recommend. 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. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. 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. Even if the victim tells the DA she does not want to pursue charges, the DA is unlikely to drop them. These charges range from felonies to misdemeanors. It was my first time ever in trouble and havent been in trouble since.