Can my felony and misdemeanor be expunged? Multiple convictions from different incidents creates a problem. If rejected, where in the process would this most likely occur? I was thinking it would be the 266 form since I was 20 at the time back in 2011. Sorry this is so long but I look forward to hearing from you soon :-). There is no wait period for dismissals or findings of not-guilty. can 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. There would be a shorter wait period if you were under 18 on the date of offense. Procedure varies by county. I really hate I created all this drama . Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still dont have a clue about. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. 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. no other convictions Every question I asked the arresting officers response was "I do not recall". What county was this from? But is this reduced charge considered as a dismissal? I have never seen it done with a serious felony, but it is technically possible. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). The first felony would not be eligible due to subsequent convictions. Be aware there is a ~$175 filing fee. When I was 16, which was 2012, I committed a numerous amount of charges. If that is your only conviction you should be eligible now. Do I have ANY chance for expungement? 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. 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?) Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. eelony charges, just like misdemeanor charges stay on your record in NC. It is a Class 2 misdemeanor. Expunction of records when charges are dismissed or there are findings of not guilty. ; menu. If I had a Felony Conspiracy to common law robbery(class h) from 2009. I was 16 at time of offenses and 17 at time of conviction. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. Felon class H In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. You should reach out to a local attorney to see if you have any options such as reopening the case. I am not sure what you are asking. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. 1. You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. 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. I have never had any felonies. At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record. Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). One. Did the DA object? DWI's within the prior 7 years are a grossly aggravating factor. I was 19 years old. I received a PJC for misdemeanor domestic violence in NC in 1996. The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. The charges were dismissed. 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. Are you saying you were recently charged and the case is still pending? Only lower level felony convictions are eligible. I was told to complete community service. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. Thank you. Convictions involving violence are generally not eligible. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. Is it possible that I can get this expunged. I had no lawyer because I was unaware of the affect that the charge would have on my record! Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. Any person who commits a simple assault, or a simple assault WebAssault Charges Carry Harsh Penalties. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. He has NO charges before or after these charges. Under 15a-145.2 (a) (1) an affidavit by the petitioner? One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. You should be eligible if no other convictions besides driving offenses. No police were involved and I wasnt arrested because they said I cooperated. The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV Talk to an attorney in the county where the convictions originated to sew how best to proceed.. I cannot say enough about Attorney Coolidge and his staff. Contact an attorney where the charge occurred to confirm all your options. Can this be removed off my record? 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. I would talk to a new attorney in the county. Is this true I can have both of cases expunged now. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. I have a simple assault charge on my record . I was convicted in 2001 or 2002. Firearm rights are not in my field of expertise. 21 years old. There are three different types of assault crimes listed under North Carolina General Statute 14-33. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. It is a Class H felony if an alleged offender commits a simple assault, simple assault and battery, participates in a simple affray, causes physical injury, and has two or more prior convictions for either a misdemeanor or felony assault in the prior 15 years. 3) Dismissed? 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.. WebMisdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. What does Assault with a Deadly Weapon mean? Thanks in advance! I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. Case is pending. Under our states complicated sentencing system, your punishment will depend on a number of mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. 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. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. That is why she had the protective order. Would that be a correct assessment? Any advice? One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Were these convictions from the same incident? Would I still be eligible for expungement despite that worthless check? Was put on 12 months probation. 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. 14-415.4, which is a petition to restore firearms rights after 20 years. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors. Can I get these charges expunged, and what form do I use to expunge these charges? Is Character Evidence Admissible to Prove Wrongdoing? Any shot with the misdemeanors because I was 21? What was the outcome of the charges? As soon as a charge is pressed, a pending charge will appear on a background check. I called in desperation not really expecting an answer. I have not been arrested since the 1995 misdemeanor conviction. What form do I use to start the process? At least, before, I was eligible for expungement 15 years of probation. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. Pleaded guilty to Breaking and Entering when I was 19 in 2000. Is the second arrest eligible for expungement? Is there anyway I can get my record expunged? If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. In the case of assault, the charges are brought forth by the State prosecution. she never showed up for court and they charged me even thought she assaulted me. the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. Only lower level Class H and I felony convictions are eligible. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. I would say you are looking at a 10 year wait period from when probation ends. Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. I was 21 whenever I was charged with felony larceny by employee. So we actually have a slight chance. Soi have more than a couple misdemeanor domestic violence charges. Thank you so much! How many years ago was the conviction? I was told at the time by my lawyer I can get this expunged in 5 years. I would appreciate any information. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. After i completed that, i was eligible for an expungement. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. Are you applying for a job prior to conviction? The 2 convictions were was DV Protective Order Violation. I have no inside information when new forms will be released. If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. If it matters I was well over 21 at the time of both arrests. Of all misdemeanor classifications, a Class A1 is the Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. No more limit on number of dismissals than can be expunged. 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. Is this elegible for expungement or motion for apropriate relief? I have 12 felonies (6 B&E, 6 corresponding larcenies) all from the same event, in other words all in the same building, same date but multiple charges & convictions resulted because it was and building with multiple entities. Also, not having a job I was not able to pay my fine and still owe. and that MAR thing? Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county. How many changes can you expunged at one time. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Im sorry Ill try to be more detailed. North Carolina PJC's are treated like a guilty for expunction purposes. I was 18 when charged 19 when convicted. I was 21 at the time of the charge and it's been over 5 years since disposition in court. Felony- lower class Hi, I know before it was at east 5 years of waiting. Im 38 yrs old, never in trouble before that or after. What and how is the best and fastest way to get this removed? It was reduced to a misdemeanor larceny and a PJC was granted. Is it possible to get a expungement? A PJC is treated just like a conviction for expunction purposes. Older DWI's can still be considered by the court as a regular aggravating factor. 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. Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. , 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. The new law has a 5 year wait period assuming you have no other convictions. If yes is there a waiting period? In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. The convictions were in 2003. An informal deferred prosecution involving maybe community service would probably be the best outcome. What county is this conviction from? If the charge resulted in a conviction the wait period depends on the age and charge. 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.