I was just pointing out that issue for other readers. If yes is there a waiting period? I was charged with Class H Felony Identity theft in 2001. Not sure why the Court can't tell you- perhaps since eh charge was so old. Will either of them cause me to fail a background check for teaching licensure. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. A PJC was used for both the. (18 U.S.C. What are you looking to remove from your record? Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. Talk to a local attorney to find out what judges in that county will sign or not sign. Contact an attorney where the charges originated to see if you have any immediate options. What county is this charge from? Depends on the Class level felony and if you have any other convictions of any kind. They sent me a letter in the mail explaining that There is generally a 5 year wait period if you were over 18 when the offense occurred. I have a simple assault and damage to personal property charge. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. All three did. Probation will be done in 2019. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. Here is more detail. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. Also, I think I should note that these charges stem from two arrest, not four separate arrest. It took five years for them to finish my case. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. I finished it all on 5/5/13. That being said, you could always list the extra charge and see if a Judge will sign off on it. Because the person they said I conspired with got off with my plea. No longer in NC and have no plans to ever return. Am I able to file the petition now or shall I wait till 5/6/18. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. 1. 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. Domestic Violence Charges and What You Need to Know. In the time since now, a law has changed making my b&e unable to be expunged. Does the defendant have any other convictions? The Assam Rifles - Friends of the Hill People? Don't forget you will also have to pay a $175 filing fee. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? -Bridgette. 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. WebSimple Assault in Raleigh NC. What can I do? I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. My sentence was community service/probation I was told several years back I wasnt eligible for expungement is this true? My father is now deceased. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. I do not have the answer to that question. I was 19 at the time. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. WebSimple assault in North Carolina is a class 2 misdemeanor. Only misdemeanors and felonies are eligible is my understanding. It may be possible to go back and re-open the case to get a better outcome. Sounds like you are jumping the gun. Do either of these charges bar me from petioning for expungement? Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. 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. 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. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. Is that possible with 1 count of trafficking cocaine? These are H & I felonies. We are honest, aggressive and compassionate. Thanks! All of the legal charges/troubles I managed to acrew was within a three year period. Thanks. I would certainly recommend hiring an attorney. Convictions involving violence that occur after 18 are not eligible. That was my first time in trouble ever. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. No lawyer is required to petition the Court for a record expunction in NC. Firearm rights are not in my field of expertise. I was in high school, under 18..what are my options ? This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. So what's this new law is there a way got a person with a violent crime that has served his time will he be able to get his record expunged I hear a lot of talk about people getting their records expunged but it also talks about non-violent crimes. What county is this charge from? The problem with this being on anyone's records is that it affects employment opportunities among other issues. So, let me start by saying that I admit I've made a series of poor decisions over the years. 10/02/1999 Simple Assault Guilford Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. Mizoram faces the second wave of covid-19 with the bravery of local heroes, ZMC Medical Students Drowned In Tuirivang, Nursing Student Volunteers Herself to Work at ZMC, Council of Ministers approves establishment of Border Management Cell under Home Department, Perpetrator responsible for tank lorry fire arrested, Mizoram Olympic Association delegates set off for NorthEast Olympic Games 2022. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. Only lower level felony convictions are eligible. That's what my lawyer told me. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. I made an Alford plea to indecent liberties with a minor in 1994. Got a misdemeanor Larceny when I was 16. The long-running James Johnson case in Wilson concluded last week with a PJC (story Any error can lead to a major delay, in an already lengthy process. You can always try and file now and see if a Judge will sign off on it. Thank you in advance for your help. A dismissed charge should be eligible. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. If you were over 18 when charged you prior attorney is likely correct. I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR I was told you would probably need clear evidence of innocence to do that. Will I be eligible under the new law? Still 21 at the time. Were the convictions from the same incident? As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. 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. Up until rather recently no felony convictions were eligible for expunction. Am I eligible for expunction? If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. So with your Witt law pa attorneys do they do help with expungements? Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief. that's not fair. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. 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. How can I determine class? I would talk to a new attorney in the county. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? That being said I only handle cases in Union and Mecklenburg County. Were they both convictions? The charges were not filed by him but the officer who I called at that time. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP Thank you! I plead guilty to two class F felonies and two class I felonies 18yrs ago. 15A-145- forms are about to be updated for the law change effective December 1. You should be eligible to move forward on the dismissals now. 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. That charge was dismissed as well. What was the actual conviction? 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. 3. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. I can not say enough good about David Coolidge and the Law Firm! Would I be eligible under the new law and is it five years from conviction date or completion of probation? Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. 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.. Thank you very much for your help! 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. from me on a Saturday night. Is it possible to get a expungement? 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. Infractions generally do not qualify per NC statute. Are You Eligible for an Expungement in Charlotte? In 2004 I was found guilty of obtaining property by false pretense. Can that charge be expunged ? I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. Thanks! This includes pending charges, convictions. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. You should speak with an attorney where the charges originated to determine what options you have at this point. Age: That got expunged. I would argue the DWI should count as a driving offense which is not a disqualifier. Use of this website or submission of an online form does not create an attorney-client relationship. 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. Mecklenburg County. I just want my hunting privileges back. 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. 2 class A misdemeanors, 1 violent from same incident. How can people defend themselves against these charges. A defendant is immediately eligible for both dismissals and not-guilty dispositions. I was told by a judge that I need to pay fines and I will get a class E felony on my record. No, under NC law there is no automatic removal of convictions or PJC's. 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. (3) Would getting this expunged require any in-person court appearances in Orange County? Hi. Is there absolutely no way to get this expunged? The only felony convictions that are eligible are lower level Class H and Class I. Must have only been possession with intent to sell and deliver. No more limit on number of dismissals than can be expunged. Excellent Customer Service. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. Case from 6 years ago. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. I mean 30 years and being a model citizen with not even a traffic ticket? [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, Are these 2 types of charges that can be dismissed? Convictions involving violence, such as assault, are not eligible per statute. The solution may be to see if you can go back and convince the DA to re-open and dismiss the worthless check charge. I live in Charlotte. I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? I hired him twice for two different cases that I had Were your separate felony convictions from different incidents and resolved on different court dates? For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. I was charged with felony assault by strangulation in 2010. 1. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. Possession and maintaining a dwelling. VD = Voluntary dismissed. Commit assault on a family member, though, and its a whole different matter. In 2001 I made a stupid mistake at 16. I've been looking forward to 2025 to get this fully behind me. The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. If you were able to do that then you could probably get everything expunged. Can I get this expunged off my record. Assuming you were charged, the charge will appear on your criminal record. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. I would definitely use a local attorney rather than attempt anything on your own. Thank you! Is there any possibilities to work out something? What was the actual charge? 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. 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?) Is it worth getting my recorded cleared? That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. Is trafficking by transport able to be expunged? Am I understanding correctly that I qualify? I am reading up on the expungement process, as these are keeping me from finding employment in my field. 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. That being said, it is always worth a try- the worst that can happen is that your request is denied. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. A petition must be filed in the County and State where the charge originated. Thanks again! 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. Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. i actually tried last year for expunction was told there was just to many, and the DA wouldnt do it. 1. I was charged with simple affrary one year ago. Both were at the same time 11/2009. Did the DA object? Am I eligible for an expungement? In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. Not sure I follow. 30 day window for filing expunctions in multiple counties. Plus other felonies.
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Frisco Pet Products Website, Articles S