It seems so unfair that this can't be forgiven with an expungement. Im 38 yrs old, never in trouble before that or after. 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. The laws can be very confusing, and representing yourself is never a good idea. I was told i didnt have to show up for that. With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. by Gilles Law | Nov 16, 2017 | Blog Posts, NC Criminal Defense. What and how is the best and fastest way to get this removed? You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. My court appearance will take place on December. It's been so long ago and I have done many things to prove I am a different person now and have character references. 03/09/2001 Simple Worthless Checks 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. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! That being said, it may be possible to change the PJC into a dismissal or not guilty. I believe it could, although I have never encountered that scenario. Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. Search North Carolina General Statutes. The event was 1999 but convicted 4 years later (probably not relevant). 14-415.4, which is a petition to restore firearms rights after 20 years. If it matters I was well over 21 at the time of both arrests. they had updated me on the outcome. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " That being said, if a Judge will sign the order then it will likely be processed in Raleigh. I never knew it had been dropped to Assault on a female until recently. Were the convictions from the same incident? I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. 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? That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. 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. Even if the DA objects the Judge should have the final call. This was in 1975. Three years probation were completed. I would talk to a new attorney in the county. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. I was convicted in 2011 of involuntary manslaughter. Can I get this expunged or dismissal? I was charged with fictitious information to an officer 5 years ago. Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. What county was this from? From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. Can a person get an expungement if they have done what was ask of them from death by car? Verified simply means they were notarized. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. Paying a fine= pleading guilty. No police were involved and I wasnt arrested because they said I cooperated. 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. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. Is there any chance to get this expunged. What county is this charge from? Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. I have a misdemeanor assault (domestic) from 26 years ago. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). Read the statute for the required language. they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do?? Still 21 at the time. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. I wound up taking a plea bargain for possession. 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. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Did you plead guilty to disorderly conduct in 2014? I believe the assault PJC would need to be changed to a dismissal to be eligible. Both tickets have the same date of disposition (and occurrence). Convictions involving violence for offenders over age 18 are not eligible.under NC law. Threatening behavior that places The rationale seems odd and incongruent with a 7 year look back period. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. So, let me start by saying that I admit I've made a series of poor decisions over the years. Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? My charge was in 2005. That is a rather risky venture to undertake without an attorney. Verbal and written threats will contribute to the charge. Those are all felonies, I committed at 16. If yes, should I begin the process now with an attorney or wait until after December 1. from me on a Saturday night. Can I at least get the dismissed felonies expunged? I assume this was a conviction- what county is this charge from? That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. That is why she had the protective order. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. As soon as a charge is pressed, a pending charge will appear on a background check. Only lower level felony convictions are eligible. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. My daughter had a fight at school in 2010 when she was 16. Can I seal a class D drug trafficking charge that I was convicted of in 1999? she never showed up for court and they charged me even thought she assaulted me. I have been sober over 3 years. I received a PJC for embezzlement 22 years ago. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. The process includes multiple steps 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.. You could try now, but technically you might have to wait until May. I think it's wonderful that you're reaching out to the community. Let Dewey P. Brinkley Defend You For Simple Affray. (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. Thank you! There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. Thanks! Five years of probation sounds much more like a felony than misdemeanor. The answer is it depends. I plead guilty in 2002. WebSimple Assault/Assault and Battery Charge If the victim does not need medical attention for their injuries, and no aggravating factors are present, you will face simple assault One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. Convictions involving violence are simply not eligible per NC statute. Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. I believe it was pjc or 90 96 or a similar program. Would need way more information to answer that question. You would be eligible now assuming you have no felony convictions. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. WebContact a Simple Assault Criminal Defense Attorney Today. 1. He wasn't even on the scene, when the police arrived. Take a look at Form AOC-CR-281. I completed probation an estimated 2 years ago. I was charged with breaking and entering and larceny 6 years ago. Were your separate felony convictions from different incidents and resolved on different court dates? The expunction process due to the backlog generally takes 9-12 months to finalize. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. I simply do not handle appeals. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. He should followup with an attorney in the county where the charge orientated. What would be the charges? There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. It is a Class 2 misdemeanor. Wendell Law Office (919) 365-6000. To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) There is no specific crime of domestic violence in our state. I was told to go to the magistrates office early Monday morning. There is the dwi (bac .06) and and g.s. 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. You would need to speak with someone in that county to gauge your chances of reopening an old case. It appears that charge may be possible to expunge, although I have never attempted to do so. A year later in 2012 my charges were dismissed but Im just realizing now that the main veh/ cs was dropped to a misdemeanor but wasnt dismissed even though its the same case. 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. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. Was found guilty but given a true PJC. I checked my record and believe the pjc had conditions that Im sure have been met by now. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. I never went to court, or was ever was arrested. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! 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. Assault convictions for those over age 18 on the date of offense are not eligible per statute. 10/02/1999 Simple Assault See:North Carolina v. Brooks, 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. Multiple convictions from different incidents is usually a disqualifying factor. 20-158 (d)(1) on a second ticket. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. WebAssault Charges Carry Harsh Penalties. in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD. This was 19 years ago. At this point she needs to contact an attorney in the county of the conviction to discuss her options. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. 1997 was 17 years old . Of all misdemeanor classifications, a Class A1 is the most serious. For self defense to exist, the defendant must prove the defense was necessary, they were not the aggressor and the use of force was proportionate to the situation. You should be eligible on the damage to real property if no other convictions other than traffic violations. 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). Thanks in advance for your response. Any other steps to make to help with my future and career? I have never seen it done with a serious felony, but it is technically possible. Trying to go back and undue a guilty plea to a felony is not going to be easy.
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