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That being said, it will ultimately be up to your local judge as whether to grant or deny the request. I got a few charges back in January of 2015. So with your Witt law pa attorneys do they do help with expungements? I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Not all violent crimes in North Carolina involve actual acts of physical violence. If you were able to do that then you could probably get everything expunged. i was in my early 20's at the time. I havent had any felonies since. Thank you. First time dismissals were eligible even under the old law. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. Do either of these charges bar me from petioning for expungement? Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. I asked for continuance because of this and was denied. Can I have this charge expunged? Is this elegible for expungement or motion for apropriate relief? Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. Can I get it expunged and what AOC would I need? This statement is a, This is a post about hope. Expunction of records when charges are dismissed or there are findings of not guilty. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. Monday-Friday 9:00am 5:00pm 03/09/2001 Simple Worthless Checks I got a certificate of relief. Very efficient service. I am now disabled, and can't travel to appear there in court. Good evening, 21 when I was convicted. Assault on a Female Charge in North Carolina The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. NCSBI - Expungements No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. Would having an attorney be better in the process here? 14-54(a), 14-54(a1), or 14-56. That being said I only handle cases in Union and Mecklenburg County. Recent Booking / Mugshot for TAMARA KENYATTA JAMES in Class F is considered a serious felony and convictions are not eligible for expunction. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. I was told to go to the magistrates office early Monday morning. I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. I was 16 at time of offenses and 17 at time of conviction. Hopefully I never need his services This crime can be charged as a felony if someone assaults a victim with a deadly weapon with the intent to kill or seriously injure the victim. I assume this was a conviction- what county is this charge from? There is a link to the AOC forms in the article above. So a dismissed domestic violence charge is not eligible? It was a misdemeanor charge close to 10 years ago. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. At this point she needs to contact an attorney in the county of the conviction to discuss her options. Any employer that disqualifies potential staff based on criminal convictions would, in all likelihood, move on to the next qualified candidate. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. How long would it take? Willing to try anything. I was charged with Class H Felony Identity theft in 2001. Every one of the charges ended in a voluntary dismissal. 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? WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. Would I be eligible under the new law and is it five years from conviction date or completion of probation? Convictions involving violence such as assault are not eligible. It was a class H felony at the time. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. I was just pointing out that issue for other readers. Any dismissed case is eligible for expunction assuming you have no felony convictions. I also had several charges dismissed. Domestic Simple Assault in North Carolina. You probably want to wait until all cases are dismissed so you only have to file one time. Every question I asked the arresting officers response was "I do not recall". 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. 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 If that is your only conviction you should be eligible now. At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Thanks, Jerry. You should also speak to the clerks at the courthouse about local procedure. Am I understanding correctly that I qualify? I do not have an answer regarding restoration of gun rights. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. That's exactly what I was thinking. Only lower level felony convictions are eligible. You should be able to proceed immediately with your dismissed charges in Durham County. Had 5 years probation. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. The laws can be very confusing, and representing yourself is never a good idea. 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 wound up taking a plea bargain for possession. I have a PJC conviction for a misdemeanor child abuse charge. If I had a Felony Conspiracy to common law robbery(class h) from 2009. Can this be expunged? I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. It did not affect any employment. WebN.C.G.S. No lawyer is required to petition the Court for a record expunction in NC. Pleaded guilty to Breaking and Entering when I was 19 in 2000. 1. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. would i use form 15.A -14.5? Can I at least get the dismissed felonies expunged? Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. Lets start exploring some of the various types of misdemeanor assault in North Carolina. Would his record be eligible for expungement? The statute does not seem to allow expunction of infractions to which you plea responsible. Lincoln County Sheriffs Arrest Reports for March 1, 2023 Felon class H Were you 21 or under when charged- that may trigger a shorter wait period. Are you talking about expunction or a pending charge? There would be a shorter wait period if you were under 18 on the date of offense. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. No trouble since then. Is it possible to get a expungement? I was convicted of felony b&e of a motor vehicle. Booking Number: 44296. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. I had a Speeding ticket and they resolved it positively with no I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. North Carolina General Assembly I was not arrested for this incident . Convictions involving violence are generally not eligible. I was charged with simple affrary one year ago. Will this automatically come off my record or will I have to get this expunged? I was charged with breaking or entering, assault with serious bodily injury in 2011. No jobs are wanting to give me a chance at all. 4. I was in my mid-twenties. Paying a fine= pleading guilty. Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket. 4. I am not aware of B&E being automatically considered violent in NC. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Thank you in advance for any information you can assist with me with! Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. I have never seen it done with a serious felony, but it is technically possible. No longer in NC and have no plans to ever return. I got a Misdemeanor Larceny when I was 28 back 2015 Can it be expunged now and how if so how much will it cost? Thank you Mr. Witt is it possible to tell me which other form I would need? My niece was advised by her court appointed attorney to plead guilty to one Class H felony. I was charged with felony assault by strangulation in 2010. Only misdemeanors and felonies are eligible is my understanding. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. That being said, the DA can object and ultimately the Judge decides. Reading and researching it states that I am. I've been looking forward to 2025 to get this fully behind me. Did all three charges result in convictions? ), Any object that can be used as a weapon to kill. Will I be eligible for expungement? Thanks. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in Thank you for answering questions. 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. 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. Is that a correct assumption? Call Danny now to schedule your appointment. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. Unlike many states, North Carolina merges The NC SBI is based in Raleigh. I completed the probation period of 1 year + community service per the court order. It happened 17 years ago. 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. Thanks all the help I can get would be appreciated. Dismissals cannot be expunged if you have any felony convictions. Please advice. Under the new law multiple dismissals are certainly eligible. 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. Multiple felony convictions from different incidents usually make you ineligible for any expunction. So, let me start by saying that I admit I've made a series of poor decisions over the years. 921 (a) (33) (2022).) Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. I highly recommend. And is there a website that dumbs these statues down for us non-lawyer folks out here?? The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. 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. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. You can't expunge a charge until it has been handled. Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense. It shows up on background checks as CLASS H felony. After i completed that, i was eligible for an expungement. You should be eligible if no other convictions of any kind other than traffic offenses. Did the DA object? I had community service and paid restitution. I do not have the answer as to whether it will allow you to obtain a gun permit. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. 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. You would likely be filing statute 145.5 which uses Form AOC-CR-281. Guilford I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. Hopefully the Judge will not make you travel. 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. Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. it has been at least 7 years since the charge. 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? The fact that you were charged is never wiped clean absent an expunction. 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,,. 2. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. Assault With a Deadly Weapon. I was been told by attorney that if I complete the ALE training program which was 2 hours then the charges will be dismissed and I see on my paperwork it shows VD. Assault I received a flee to elude felony class H conviction at 18. Due to this, a victim of assault will not have the ability to drop the charges. 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. Bottom line is make sure you understand what you are filing before you file anything with the Court. 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. Misdemeanor Assault Charges in North Carolina - Gilles Law, PLLC Of all misdemeanor classifications, a Class A1 is the The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. Assault and Battery Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. I made an Alford plea to indecent liberties with a minor in 1994. Any other steps to make to help with my future and career? Remember, ANY criminal conviction will typically have a negative impact on hiring status. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! His passion for his work and in helping others shines. Am i able to reopen that case and get it dismissed in Wayne County NC? They sent me a letter in the mail explaining that Before sentencing I left and joined the military and have been serving for 18 years now. there was a poss of cocaine charged that was dropped. Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. Felony convictions wait period reduced from 15 years to 10 years. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. 2017 I got a misdemeanor Larceny. 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. What kinds of punishments can an alleged offender be sentenced to? An informal deferred prosecution involving maybe community service would probably be the best outcome. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. 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 as the driving offense is not a disqualifier. I am 30 now and have not been convicted of anything else since. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. This includes pending charges, dismissals, PJCs, and convictions. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Getting convictions reopened is not easy and sometimes impossible. Court date is coming up in April. I have no other prior offenses. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. They even Lincoln County Sheriffs Arrest Reports for March 1, 2023 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! 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. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. If the worthless check resulted in a conviction that likely is a problem. The wait period refers to the wait period to file for expungement. Aggravated Assault in North Carolina Thank you. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. Hello Sir, 03/08/2001 Simple Worthless Checks Obtaining property under false pretense. I am still happily married to the same woman. Thank you. When can a person be charged with this type of crime? Both tickets have the same date of disposition (and occurrence). Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. Can I still get the felony expunged? Serious Injury an injury that potentially requires medical attention. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. There is no fee to expunge straight dismissals, that did not involve deferred prosecution. Further, the North Carolina General Assembly does not appear to enable a victim to charge someone with multiple counts of simple assault for every punch thrown during a fight. I would argue the DWI should count as a driving offense which is not a disqualifier. I live in Charlotte. Thank you. Check with an attorney where the charge occurred on when you are eligible. 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'm just venting - realize nothing you can do about it. Please refrain from revealing your identify or specifics about any actual criminal case. He is now 25 and has no other brushes with the law.. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that You would probably be using N.C.G.S. But is this reduced charge considered as a dismissal? The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. Evidence of distinct, multiple injuries and nothing more does not serve as sufficient evidence of an interruption, to the level of a distinct interruption allowing for the accused to be charged with more than one count of assault. Also, I think I should note that these charges stem from two arrest, not four separate arrest. That being said, it is always worth a try- the worst that can happen is that your request is denied. I have 5 misdemeanor charges ranging from 2005 - 2016. Dismissals are free to file. A lawyer handled it and I had no clue it would show on my record until a recent background check. Assault on a Female Charge in North Carolina My felony conviction date will reach its 10 year mark on 4/20/19. I would suggest speaking with an attorney in that county for assistance. 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'm 21. From the inception of a DWI I had the arresting officer lie on my report. I asked for Deferred prosecution but I have no idea if I will still get a fine . I already know it will be dismissed . This was a trafficking charge (MDMA). North Carolina Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. You would need to have any assault convictions reopened and changed to dismissals. I am trying to pull together information and put together a letter for the governor about this issue. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. I have a simple assault and damage to personal property charge. Am I able to file the petition now or shall I wait till 5/6/18. The last thing you want to do is pay the fine for the worthless check charge. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. What is Simple Assault: Definition, Examples, Penalties - Lawrina I was giving probation and completed and have not been in any trouble prior or since. There is a 10 year wait period to remove felony convictions. This can cause issues in terms of employment, school, and financial aid. she never showed up for court and they charged me even thought she assaulted me. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. The answer is it depends. Would this type of case be eligible for expungement? Removing multiple convictions will not be so easy. Dismissed charges are always eligible if you have never had a prior expunction. points on my Driver License. I do not have the answer to that question. again but if I am in a similar predicament I would most definitely hire David again.