If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. I was anxious and nervous about my case from the beginning. The first felony would not be eligible due to subsequent convictions. 2 felonies dismissed in 2013. What if you were convicted with one misdemeanor of possession but were charged with 3 counts of misdemeanor possession 2 counts of evading 1 count of misdeanor poss of malt bev and 2 counts of poss of parafanalia, do you think I could get my record expunged? What is Simple Assault? (Definition, Examples, & Penalties) are in need of Legal Services. 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 was convicted of B.E and B.E. 1st assault with a weapon and assault on a female. Simple assault is the least serious assault charge in North Carolina. 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. I have 2 simple assault cases that where dismissed can I have these expunged? Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. You would need to speak with someone in that county to gauge your chances of reopening an old case. As a Board Certified Specialist in State and Federal Criminal Law, Damon Chetson is one of the top trial lawyers in Raleigh with dozens of successful outcomes in jury trials and hundreds of positive results for clients. Only 1 Faulty Equipment ticket since then. Please advice. Deal was plead guilty and no prison time or probation. Is embezzling expungable? Related Article: Felonious Assault The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. So even if the victim wants the charges dropped, she does not get to make that decision. Main concern is background checks for employment. What can I do? me and in every instance he has exceeded my expectations. The following convictions listed below are not eligible. He served Honorably in the Army for 20 + years. 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. I had a misdemeanor larceny charge in 1998 then another in 2014. If the offense of assault was before the person turned 18 they have an opening under G.S. I have three posses marijuana charges and two drug paraphernalia charges. 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 information you obtain at this website is not, nor is it intended to be, legal advice. No, under NC law there is no automatic removal of convictions or PJC's. 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?? Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. I would say you are looking at a 10 year wait period from when probation ends. the probation was terminated My question is am I eligible for expungement in wake county after 5 years for misdemeanor per new law enacted in dec 2017. i.e. During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. North Carolina Ultimate rejection occurs when the Judge refuses to sign off on the Order. Class H convictions are eligible under the right conditions. Upon conviction, a person could be sentenced to 60 days in jail for a first offense and up to 150 days in jail for a second or subsequent conviction. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). 1) Guilty? Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! You can either file yourself or hire an attorney. I was 20 when charged with Felony Possession of marijuana with intent to sell. This individual has had no other interactions with the law and completed all probational conditions with no infractions. The NCSC writes in North Carolina v. Dew (2021): The question of how to delineate between assaults to know where one assaultendsand another begins in order to determine whether the State may charge a defendant with multiple assaults is an issue of first impression in our court. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Violent felony convictions are typically never eligible for expungement. You are however eligible to remove the dismissals. It really depends. Thank you in advance! I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. I've got my GED, I have 2 years of Community College, but I did in 2016 get a Posses Schedule 1 charge and am on probation for it currently. I'm trying to find any information in being able to remove misdemeanors from my record. On television, we often hear police and lawyers use words like assault and battery interchangeably. Her court date is next week. You may want to contact the SBI in Raleigh and get their opinion on the matter as that is where the application is sent before the Judge makes a decision.Most Judges seem to totally rely on the SBI position in deciding whether or not to sign off on the petition. Even if the DA objects the Judge should have the final call. I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? Sounds like he needs to speak with a different lawyer in the county where the felony occurred. WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. This includes pending charges, dismissals, PJCs, and convictions. What to Do If Youre Charged With Fighting or Public Affray in North Carolina. In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. This is also my very first offense. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Do either of these charges bar me from petioning for expungement? This can cause issues in terms of employment, school, and financial aid. I was thinking it would be the 266 form since I was 20 at the time back in 2011. Its been 22 yrs and ive paid a lot of dues. Did you plead guilty to disorderly conduct in 2014? Welcome; About; Practice Areas. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. Do you have multiple convictions in different years- 2012 and 2017? Listed as a crime and tort, thereby resulting in either criminal and/or civil liability. Possession and maintaining a dwelling. Every question I asked the arresting officers response was "I do not recall". I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. Good evening, Assault and Battery Charges. 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. Also, if the deferred prosecution goes through and she completes what the judge requires, will it be considered dismissed under the that? Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). Recent Booking / Mugshot for TAMARA KENYATTA JAMES in they need job to take care of family. If the charge resulted in a conviction the wait period depends on the age and charge. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. 14-415.4, which is a petition to restore firearms rights after 20 years. Coolidge delivered on all that he promised and more. I received a PJC for embezzlement 22 years ago. It would be prudent to do a internet search of yourself after any expunction is finalized to verify no old arrest pages exist online that were overlooked by the State or that are still cached by Google. They occurred from 07-2010. There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. 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. 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. 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. 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? Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date. This is exactly what I thought to not pay anything. I never went to court, or was ever was arrested. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. (3) Would getting this expunged require any in-person court appearances in Orange County? We provide a free consultation for OBX criminal charges. 06/13/2001 Simple Assault My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. Pleaded guilty to Breaking and Entering when I was 19 in 2000. 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. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. DWI convictions have never been eligible for expunction. You could always try and file- the worst thing that can happen is the Judge refuses to sign. Raleigh Criminal Defense Assault Lawyer - Kirk Kirk Law Protecting your Privacy ~ Your privacy is our primary concern. What county was the conviction from? Will I be eligible for a expungement after Dec. 1st. This field is for validation purposes and should be left unchanged. The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. Use of this website or submission of an online form does not create an attorney-client relationship. Thanks. Due to this, a victim of assault will not have the ability to drop the charges. Do these charges affect my ability to get any of my charges expunged? The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. I have never had a charge before or after this one incident. Could it be expunged? 19 W. Hargett St., Suite 400, Raleigh, NC 27601. Any likeliness for that to be expunged? InNorth Carolina v. Littlejohn, 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. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. Firearm rights are not in my field of expertise. Assault Charges Will I be able to ever get these expunged? i did have a attorney, buncombe county. 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. Seems like it would be counter productive to keep a college grad from employment for such a thing? so do i have a fighr to ge it reopen. The North Carolina Supreme Court defines, generally, the common law offense of simple assault as an attempt or overt act or the unequivocal appearance of attempting, with violence and force, to do some form of immediate harm or injury to the person of another. If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. The last thing you want to do is pay the fine for the worthless check charge. I was put on 12 months unsupervised probation. 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. Help!! If you have been charged with simple assault, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options. You should be eligible assuming you have no other convictions besides traffic offenses. Only lower level Class H and Class I and convictions are eligible. Both tickets have the same date of disposition (and occurrence). Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. I was 25 years old, i was sentenced to 12 months supervised probation. Is that possible with 1 count of trafficking cocaine? My niece was advised by her court appointed attorney to plead guilty to one Class H felony. I plead guilty to a conspiracy to commit RWDW in. 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). Is this something that is eligible for expungment? Are there any fees when filing as I would like to do all the paperwork myself. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. I was told I did not have to register as a sex offender but would like to clear my record if possible. Is it worth getting my recorded cleared? Hes handed several matters for 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. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. I would very much like to discuss having my record expunged. Do I have a chance to appeal those convictions? Are You Eligible for an Expungement in Charlotte? You should be eligible if that is your only conviction and you meet the time requirement. I asked for Deferred prosecution but I have no idea if I will still get a fine . A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. 06/16/2001 Simple Assault i actually tried last year for expunction was told there was just to many, and the DA wouldnt do it. I was charged with simple assault on then boyfriend only out of self defense. What county are these charges from? Hi Jason, The NC Court of Appeals has addressed the issue on more than one occasion. I would recommend David and this Law Firm to EVERYONE who is reading this review. Selected 4th Circuit cases also are included. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. 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. Hello Sir, In 2007 Me an her was charged with a misdemeanor simple assault. Sealing a criminal record is not something I have seen in NC. Thanks, That should have been eligible years ago even before the new law- did someone advise your otherwise? Does it start a conviction. Could I apply for removal of the felonies. That being said, the DA can object and ultimately the Judge decides. I have never seen it done with a serious felony, but it is technically possible. 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. It was my first time ever in trouble and havent been in trouble since. You should be eligible if no other convictions of any kind other than traffic offenses. Did all three charges result in convictions? Are you applying for a job prior to conviction? Contact an attorney in that county to confirm your options and local procedure. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Simple Assault Charges - Granados Law Group Will immigration still find out about them? This statement is a, This is a post about hope. I was charged with Statutory rape when I was 19 and it got dismissed. Yes, pending charges do appear on North Carolina criminal records. NC AGGRAVATED ASSAULT I pled guilty on1/03/2008 to the following: It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: I was convicted in 2001 or 2002. Also can I get all these removed all at once?). got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record. Hi Jason. In Can I get these expunged? First charge ever convicted in 2015. It was dismissed but still on my record. Commit assault on a family member, though, and its a whole different matter. Common law robbery is a Class G felony. 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. "This petition is being filed at least ten (10) years after the date(s) of conviction listed above for any nonviolent felony or five (5) years for any nonviolent misdemeanor, or when any active sentence, period of probation, and post-release supervision has been served, whichever occurred later.". Although this crime can be committed in a domestic situation, this is not always the case. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. They offer to take down the page for a modest fee, but most of these sites do have disclaimers the fee is waived if you provide a certified expungement order.
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