We are trying to get 4 charges expunged. If no felony convictions you should be at least eligible to expunge your dismissals. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. 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. Misdemeanor or Felony? Blacks Law Dictionary also refers to an assault as, popularly, any attack.. There is a link to the AOC forms in the article above. The answer is it depends. Offense date (3/24/95) What do I need to do get this expunged? My sentence was community service/probation I was told several years back I wasnt eligible for expungement is this true? If the offense of assault was before the person turned 18 they have an opening under G.S. Has the law changed on when you are able to not list felonies on job applications/housing applications? Also a Felony B&E. Assault I am not sure I follow. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. That misconception likely has spread based on the laws from another state, but not North Carolina. 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.. 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. Thank you very much! My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. 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 Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. No longer in NC and have no plans to ever return. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Would that be considered a violent crime? Thank you very much for the information! I was convicted of B.E and B.E. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? Site Map. Multiple convictions from different incidents is usually a problem in expunction. that's not fair. 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. They are reflected as pending charges.. 04/07/2002 Obtain Property by false pretense by writing a worthless check This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. I do not have the answer as to whether it will allow you to obtain a gun permit. How many changes can you expunged at one time. Both were at the same time 11/2009. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). The law reads like nothing can be done for a class F felony (A through G are considered "violent"). Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. North Carolina Criminal Statute of Limitations Laws Contact an attorney in that county to confirm your options and local procedure. Would she be a candidate for getting it expunged from her record? I was told at the time by my lawyer I can get this expunged in 5 years. I was charged with resisting an officer , put on probation for 18 months in 2010. Also, not having a job I was not able to pay my fine and still owe. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. I have a simple assault charge on my record . I am now 35 with only a couple speeding tickets since. Hi, I was convicted of a dui/death by vehicle and served 37 mos. David Coolidge is a wonderful attorney! In this version (misdemeanor assault with a deadly weapon) a deadly weapon is used but the assault neither results in serious bodily injury nor was carried out with intent to kill. Was the time on that petition changed any with the new bill? Asked him about and expungement, he stated I wasnt eligible because of my age. I called a lawyers office and they told me assault charges cannot be expunged. The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. Thank you! Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. And once expunged will it still show up on background checks/will it be counted against me still? How long would it take? I would say you are looking at a 10 year wait period from when probation ends. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. It should be eligible if no other convictions other than traffic offenses. I cannot offer any insight as gun rights are outside my area of expertise. Be aware there is a ~$175 filing fee. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. 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). Also, I think I should note that these charges stem from two arrest, not four separate arrest. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. I was just pointing out that issue for other readers. I was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. How can I get it off my record . The expunction process due to the backlog generally takes 9-12 months to finalize. Multiple convictions from different incidents creates major issues. I made an Alford plea to indecent liberties with a minor in 1994. . It now has suspended my mass. They were both misdemeanors. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? Are there any fees when filing as I would like to do all the paperwork myself. I also had several charges dismissed. points on my Driver License. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. Can anything be done with those? I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. It may be possible depending on the facts of the case after a 10 year wait period. Reading and researching it states that I am. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. But I now it shows up on my background. I was 18. Is it difficult to have a case reopened and then dismissed by the DA? She has never been in any trouble before. Got a misdemeanor Larceny when I was 16. (18 U.S.C. Established in 2009, The Chetson Firm strives to get justice for clients. Pleaded guilty to Breaking and Entering when I was 19 in 2000. It can be difficult to determine whether there is a distinct interruption between alleged assaults. This stems from an argument where the neighbors call because they were arguing. I also seen their are affidavits along with the 266 form but I don't know where to find those. 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. That is why she had the protective order. What does Assault with a Deadly Weapon mean? There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. Can I get my conviction expunged and legally own a firearm. Please advice. What county was the conviction from? Already have a lawyer that states this charge can be dismissed. When did probation end? I am a two-time felony from 91 + 93 can this record be sealed. This was my first offense and last. My felony conviction date will reach its 10 year mark on 4/20/19. What exactly was this person convicted of? note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. What county were they from? If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. You would need to have the case reopened. Hopefully I never need his services Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. 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. from me on a Saturday night. NC AGGRAVATED ASSAULT Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. I have nothing else on my record. I was charged for misdemeanor speeding, but later reduced to an infraction in the court. What county is this conviction from? If the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. Your only remedy at this point may be a pardon from the governor. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina, Current or former intimate partner, which can include dating or living together as a family, A persons childwhether by birth or adoption.
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