). For dismissals there should be no wait period. What county is this charge from? Assault in North Carolina is governed by North Carolina General Statute. Please contact me when you are available. And he had not been arrested since. You could always try and file- the worst thing that can happen is the Judge refuses to sign. My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. He will listen to you and is so very supportive. 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. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Infractions generally do not qualify per NC statute. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. I had a larceny case that was dismissed due to a misunderstanding. Were they both convictions? 200 North Pine Street I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. So, let me start by saying that I admit I've made a series of poor decisions over the years. Kirk, Kirk, Howell, Cutler & Thomas, LLP 1. Officially, even if the charge is dismissed as part of a deferral program, the charge cannot be expunged. Is that possible with 1 count of trafficking cocaine? I pulled time in county jail, So I plead guilty at age 17 in 2013. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. felon on board .. causes no trouble not perfect lolol. I was 21 at the time of the offense. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. What would be your fee to expunge ? Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. (919) 365-6000. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and This stems from an argument where the neighbors call because they were arguing. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. If the charge resulted in a conviction the wait period depends on the age and charge. points on my Driver License. Thank you. Also does this charge show up on background checks now? Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! Of all misdemeanor classifications, a Class A1 is the There is generally a 5 year wait period if you were over 18 when the offense occurred. 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. I had that expunged about 3 years ago. There is no waiting period to expunge a dismissal. How to get a simple assault charge dismissed /dropped. No longer in NC and have no plans to ever return. If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. This field is for validation purposes and should be left unchanged. You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. If you can't afford one you can ask for a public defender. 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. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I was 16 at time of offenses and 17 at time of conviction. Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? Many forms also come with instructions. No police were involved and I wasnt arrested because they said I cooperated. I can not say enough good about David Coolidge and the Law Firm! me and in every instance he has exceeded my expectations. Saw that sections have been repealed.. Is there any possibility he could get this expunged? For criminal cases there may even be an outstanding. Can this be expunged since it was not a DWI? The punishments of alleged offenders of assault are decided by judges using North Carolinas structured sentencing system. Would I be eligible to expunge all charges. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. I was charged for misdemeanor speeding, but later reduced to an infraction in the court. I made an Alford plea to indecent liberties with a minor in 1994. After an expungement are u eligible to get firearm rights restored? If i prove that I had a good conduct till today (October 8, 2022) from the date of conviction will the judge be able to grant me permission to get my charges expunged? 15A-145.5? All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. Dismissals are always eligible under the new law. . The process takes 9-12 months to finalize and must be filed in the county where the charges originated. All three did. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. In 1996 I was 24 And was found guilty of felony possession of marijuana. We fight for the best possible outcome in every case. 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. Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. For a first time offender charged with a minor offense deferred prosecution is usually always an option. Common law robbery is a Class G felony. I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. 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. Assaults an employee or officer of the State when that person is in an official capacity. Remember, ANY criminal conviction will typically have a negative impact on hiring status. Completed probation. That's the only misdemeanor I recall. It's been so long ago and I have done many things to prove I am a different person now and have character references. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. 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 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 charges were in Rutherford county North Carolina. I have a misdemeanor assault charge back in 1999. Did all three charges result in convictions? Asking for a gal trying to get in nursing school 17 years later. You are likely looking at a 10 year wait period after probation ends. 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? 06/13/2001 Simple Assault I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate, The first one was when I took the class I think the other was I had to pay a fine, Would need to know the exact outcome for each case? 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? A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. Reading and researching it states that I am. Is it possible to have those records sealed because it's keeping me from getting jobs???? You should also speak to the clerks at the courthouse about local procedure. What can I do? Clean record since. Hello Sir, You would need to determine exactly what Class felony of which you were convicted . Getting convictions reopened is not easy and sometimes impossible. I believe it took a year to process. I have heard that now any B&E is considered violent. Assault with a deadly weapon is another assault charge in North Carolina. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. 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 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. There is also no fee to erase a not-guilty verdict. Crazy because the assault on a female was dismissed. The charges were in wake county court. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. Simple assault is the least serious assault charge in North Carolina. What was the infraction charge? Will I be able to ever get it expunged? Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that. What does Assault with a Deadly Weapon mean? Class I for felony I am not sure I follow. No other convictions since. Any person who commits a simple assault, or a simple assault I received a PJC for embezzlement 22 years ago. I know that the dv charges are not eligible for expungment. I was charged with Class H Felony Identity theft in 2001. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? 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. Charlotte Criminal Defense and DWI Lawyer. That being said, you could always list the extra charge and see if a Judge will sign off on it. If rejected, where in the process would this most likely occur? 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. Only non-violent Class H and Class I felony convictions are eligible. The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. can i get these expunged? Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. This includes both convictions and dismissals prior ro DEcember 2020. Were these convictions from the same incident? Charges dismissed prior to December 2020 appear on North Carolina criminal records. I have three posses marijuana charges and two drug paraphernalia charges. I recieved a petiton/order of expungement in the mail. I am 30 now and have not been convicted of anything else since. These may include: It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.. Then when I was released, Immigration had me sign a letter stating 20 years must pass before entering the country again My questions are, What are my chances of having my felony expunged now since over ten years have passed? Otherwise you would likely have to wait until December 1, 2017 to erase both charges. Convictions for assault are not eligible if they occurred after age 18. In North Carolina, simple assault is a misdemeanor. I was also 19 at the time. I believe it was pjc or 90 96 or a similar program. As I told him when we left the court room that morning David, you have changed my life forever. The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. Were the convictions from the same incident? Are you talking about expunction or a pending charge? In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that No other charges before or since. Do you have multiple convictions in different years- 2012 and 2017? Is Character Evidence Admissible to Prove Wrongdoing? Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. It is a Class 2 misdemeanor. Felony larceny dismissed. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. Ultimate rejection occurs when the Judge refuses to sign off on the Order. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. I dont want to spend another $1000 to be told no again. there was a poss of cocaine charged that was dropped. That misconception likely has spread based on the laws from another state, but not North Carolina. Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. You should be eligible under the new law if the case was dismissed. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. I was convicted of felony b&e of a motor vehicle. I wound up taking a plea bargain for possession. And is it possible to manage this without an attorney? As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. No, under NC law there is no automatic removal of convictions or PJC's. Had 5 years probation. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. I was convicted in 2011 of involuntary manslaughter. I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed? WebMisdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. the DA at 1st wanted to meet but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checksthats what my attorney told me the end.. Due to this, there can be confusion on what those charges actually mean. Multiple convictions from different incidents creates a problem. Due to this, a victim of assault will not have the ability to drop the charges. I finished it all on 5/5/13. 2 felonies dismissed in 2013. Even misdemeanor convictions involving violence are not eligible per NC statute. I was 40, and got a a misdemeanor larceny in catawba. Misdemeanor or Felony? I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. Do you have any other convictions of any kind? 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. I was only convicted of the hit/run when there was absolutely NO evidence against me. Elements of the Criminal Offense. 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. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. If so, what? Am I understanding correctly that I qualify? Any other steps to make to help with my future and career? At the time of incident, my husband completed all if his probation successfully and completed an anger management program that was suggested by his court appointed attorney at the time, but was not mandated. It was in Cherokee County, Murphy. Talk to an attorney in the county of the convictions to see if you have any options. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. I do not have the answer as to whether it will allow you to obtain a gun permit. Any question about the forms their answer is I can not give you legal advice. 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. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. No other trouble ever. 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. I caught a cocaine charge in 1993, it wasnt even a gram. Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. They sent me a letter in the mail explaining that 03/08/2001 Simple Worthless Checks You should be able to proceed immediately with your dismissed charges in Durham County. 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. 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. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way.