Were they both convictions? I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. she never showed up for court and they charged me even thought she assaulted me. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. I had so many job offers but each time they run the background they cant accept me if theres any info you can provide that may help please share. I have a misdemeanor charge for disorderly conduct is there any way that i can have that removed from my record it is keeping me from getting a job promotion at work. I am now disabled, and can't travel to appear there in court. WebIf you are facing misdemeanor assault charges in North Carolina, or a more severe felony offense charge for assault with a deadly weapon, our Raleigh criminal defense attorney can help. She is an indigent and now does not qualify for housing assistance. 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 punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Only lower level felony convictions are eligible. Simple assault is the least serious assault charge in North Carolina. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. I was charged and convicted of sell and deliver cocaine. 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. 14-54(a), 14-54(a1), or 14-56. Yes. 14-318.2. Multiple felony convictions from different incidents usually make you ineligible for any expunction. Now today (October 6, 2022) am I eligible for expungement. I am a two-time felony from 91 + 93 can this record be sealed. Thank you. You were eligible to file the moment the charges were dismissed. It took five years for them to finish my case. (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. Would his record be eligible for expungement? If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. I have been sober over 3 years. What kinds of punishments can an alleged offender be sentenced to? They were all misdemeanors. Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. A dismissed charge should be eligible. Only 9 months had passed when I tried to re-enter the US illegally and was caught at El Paso TX, a court appointed lawyer then told me that I had violated the probationary period and because of that a federal judge sentenced me to 8 months in prison. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Now he is applying for jobs and has a clean record since but the charge is hindering his search . As an example, ashow of forceorattackcan refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. F. poss if marijuana (56 g) Take a look at AOC-264. I paid all of restitution 4,000 before probation. Kirk, Kirk, Howell, Cutler & Thomas, LLP I cannot offer any insight as gun rights are outside my area of expertise. DWI's within the prior 7 years are a grossly aggravating factor. Consent the victim approved of the action prior to the act. 20-158 (d)(1) on a second ticket. I do not have the answer as to whether it will allow you to obtain a gun permit. There is no specific crime of domestic violence in our state. Hi Jason, Is there a way to have the conviction expunged or dropped to a misdemeanor? I had a misdemeanor-injury to personal property dismissed about a year ago. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Convicted in the same session of court. Had charges misdemeanors non violent over 10 years ago. Lawyer specializing in record expungement said my ex would have to go back on the charges she filed against me in order for anything to happen. If yes, should I begin the process now with an attorney or wait until after December 1. Thanks. Thank you in advance.. You would be eligible now assuming you have no felony convictions. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. Where do I get the form?. Do I qualify? That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? Is Character Evidence Admissible to Prove Wrongdoing? I am charged with a misdeameanor. Of all misdemeanor classifications, a Class A1 is the most serious. This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. They occurred from 07-2010. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. A lawyer handled it and I had no clue it would show on my record until a recent background check. Get In Touch (704) 247-7110 (704) 247-7110 close. F Maint/Dwell/plce/vhec I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. I completed probation an estimated 2 years ago. No other trouble ever. I made an Alford plea to indecent liberties with a minor in 1994. What was the outcome of the charges? The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. You would likely have to get the new conviction re-opened and dismissed first. How long ago were you convicted of disorderly conduct? The petition is then sent back to the county where it was filed. I have had no other infractions other than a speeding ticket in 1999. I could plead improper equipment and get no points on my insurance or license. Multiple convictions can be problematic. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. For dismissals there should be no wait period. I truly did not understand the severity of what I did at the time or how the consequences would impact my life when I was trying to make it in the adult world. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? WebA person can be charged with an A1 misdemeanor, punishable by 1-60 days in jail, if he commits an assault, assault and battery, or affray and: Assaults a female if he is a male of at least 18 years of age. I mean 30 years and being a model citizen with not even a traffic ticket? I have had a perfect record since then, own a business, etc. Assault and Battery Charges. What county is this conviction from? In North Carolina, a deadly weapon is basically anything that could be used to kill someone. As I told him when we left the court room that morning David, you have changed my life forever. How many changes can you expunged at one time. Would I be elegible for expungement of this dismissed charge? Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. Assault and battery are serious crimes, and if you have been charged with either one, it is important to seek legal help as soon as possible. I've briefly spoken with an attorney on the phone (I'm guessing he didn't have time available to meet with us), but he said he would appear on her behalf and go for a deferred prosecution or have it continued depending on the judge that was residing. Once signed your local county may immediately destroy the file held at the Courthouse. Would that be a correct assessment? Try contacting an attorney in Guildford county to see when you are eligible to file. Does a second degree kidnapping conviction qualify for expungement? WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. Even a murder dismissal or not guilty verdict is eligible. It may be possible depending on the facts of the case after a 10 year wait period. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. Call us today at 980-272-8438. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. But what exactly is an Assault on a Female? it has been at least 7 years since the charge. 2003 and received 3 yrs probation. Assault with a deadly weapon is another assault charge in North Carolina. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Unfortunately, many residents in Charlotte are the victims of domestic violence. i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged? How old were you when charged with these charges? If you were under 18 when charged it may be possible. Prosecutors do not have to prove someone was harmed to convict you of simple assault. I also had several charges dismissed. It happened 17 years ago. Due to this, there can be confusion on what those charges actually mean. I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. You should be eligible as long as you have no felony convictions. I was 19 years old. I highly recommend them if you For felony intent to sell and deliver cocaine.. can it be expunged? Then in 08 the same thing occurred an I was charged with an assault on a female an only reason I didn't do charges on her then because she was on probation an would have to do 30 days so therefore dss would have gotten involved. Reach out to an attorney or the Courthouse in that county to find out local procedure. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. Check with an attorney where the charge occurred on when you are eligible. Protecting your Privacy ~ Your privacy is our primary concern. 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. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. I completed the probation period of 1 year + community service per the court order. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. You should be eligible under the new law if the case was dismissed. 03/08/2001 Simple Worthless Checks 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.. 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. Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. What would be the charges? I have 2 misdemeanor marijuana convictions. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. I have 2 simple assault cases that where dismissed can I have these expunged? And once expunged will it still show up on background checks/will it be counted against me still? I pled guilty in 2011 and received one year of probation. (7a) An offense under G.S. That being said, the wait period is likely to grow now that more people will be eligible. Can this be expunged? If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Will the DA tell me what form I need? You should reach out to a local attorney to see if you have any other options. I've been looking forward to 2025 to get this fully behind me. Threatening behavior that places Can i get the Class I PWIS conviction expunged? Multiple convictions from different incidents is usually a problem in expunction. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. And the woman mentioned was the mother of my child and we were married. I am not aware of any recent changes to NC laws regarding restoration of gun rights. I am still happily married to the same woman. DWI convictions have never been eligible for expunction. They represented me and If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. DUI convictions are simply not eligible per statute. 1. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. It may depend on the facts of the case as convictions involving violence are not eligible. If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017. The victim is a member of a schools staff, Sexual assault with a weapon threatening use of a weapon during the assault, Aggravated sexual assault results when the victim is seriously injured during sexual assault, Assault and Battery physical injury of another person, Assault on a Female committed by a male 18 years or older, Public Fighting this charge stems from the result of causing bystanders to become fearful of their safety, Blunt weapons (baseball bats, hammers, pipes, etc. You should consult an attorney for advice regarding your own individual situation. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. I filed assault charge on a friend of mine who punched me during an argument . Yes, even dropped charges will appear on a North Carolina criminal record check. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. No more limit on number of dismissals than can be expunged. I really felt, and still do, that he really cared about helping me. What was the 1981 conviction? It's my understanding I have to wait 10 years after probation ended. He has NO charges before or after these charges. Please refrain from revealing your identify or specifics about any actual criminal case. It would depend on exactly what traffic offenses. Should I also hire an attorney? Will I be able to ever get these expunged? Contacting our law firm does not imply any form of attorney-client relationship. 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. Is it possible to get a expungement? Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. Multiple convictions from different incidents is usually a disqualifying factor. You would need to reach out to someone in Wayne county to determine if that is a realistic option. What would be your fee to expunge ? I thought it was a done deal, but during a background check they showed up as misd. 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. 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.
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