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Thanks all the help I can get would be appreciated. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. There is no fee to expunge straight dismissals, that did not involve deferred prosecution. Can I get this expunged or dismissal? Thank you in advance for your help. Can two separate Felonise they are over 35 years old and I have no convictions since then. Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. 1 How Much is Bail For Simple Assault? Under 15a-145.2 (a) (2) Verified affidavits by two persons? You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. I'm trying to find any information in being able to remove misdemeanors from my record. If the worthless check resulted in a conviction that likely is a problem. Or offense. I believe it was pjc or 90 96 or a similar program. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. Raleigh, NC 27612 You should be eligible 2 years after your sentence was completed assuming that is your only conviction. Are you applying for a job prior to conviction? 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. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. 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. (2007) Will I be able to get that expunged? I am not aware of any recent changes to NC laws regarding restoration of gun rights. Thank you for the Q/A opportunity, They represented me and You are likely looking at a 10 year wait period after probation ends. Only lower level Class H and Class I felony convictions are currently eligible under NC law. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. Let Dewey P. Brinkley Defend You For Simple Affray. Under the new law multiple dismissals are certainly eligible. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. I made a mistake in 2007 driving with 3 beers in me - I was .08. What county is this from? Were they two separate convictions from different incidents? 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. 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. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. 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. I've read the statue, and it looks like my problem is I have a lot of other charges from the early 90's that I was convicted of. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. What county are these charges from? It would depend on exactly what traffic offenses. Clean record since. 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? On television, we often hear police and lawyers use words like assault and battery interchangeably. Were they both convictions? What kinds of punishments can an alleged offender be sentenced to? I got a certificate of relief. 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. I asked for Deferred prosecution but I have no idea if I will still get a fine . A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate, The first one was when I took the class I think the other was I had to pay a fine, Would need to know the exact outcome for each case? AOC form 287 is for dismissed charges only. There is no waiting period to expunge a dismissal. Also, what traffic offences will invalidate the expunction? Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. No attorney-client relationship is created in this forum. There is no AOC form for the affidavit- you will have to create your own or use an attorney. will expunging my non violent felony allow me to buy/own firearms legally again? 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. [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. Also if you don't mind could you tell me what you think the worse is that could happen? You were eligible to file the moment the charges were dismissed. Thanks in advance for your response. what if you had 2 sets of misdemeanor convictions 5 years apart. Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. We are trying to get 4 charges expunged. I do not have an answer regarding restoration of gun rights. I have heard that now any B&E is considered violent. 20-146 (d)(1) on one ticket and g.s. I was in my mid-twenties. 15A-146. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Multiple convictions from different incidents create a problem. How to get a simple assault charge dismissed /dropped. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. Therefore, you could be arrested and charged with assault for inciting a bar fight. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. I have a simple assault charge on my record . If the charge resulted in a conviction the wait period depends on the age and charge. it has been at least 7 years since the charge. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. In 2007 Me an her was charged with a misdemeanor simple assault. My sentence was community service/probation I was told several years back I wasnt eligible for expungement is this true? 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. For Class F and Class H felony assault cases, the possible sentences may be: (NOTE: Nine months of post-supervision release must be added to the end number for each of these sentencing ranges). What to Do If Youre Charged With Fighting or Public Affray in North Carolina. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. to have his record cleared ?? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. 3. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Along with the 287 form, could you tell me which other forms I would need? In I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. I was giving probation and completed and have not been in any trouble prior or since. can i get these expunged? In 2001 I made a stupid mistake at 16. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial. For a first time offender charged with a minor offense deferred prosecution is usually always an option. 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. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. It was my first time ever in trouble and havent been in trouble since. The assault charge was dismissed, I am looking to get that expunged, because it even being on my record is holding me up with that and the, believed, firearms inedibility that's attached. I am still happily married to the same woman. 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. 1. Is disorderly conduct expungable after Dec. 1? 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. There is a link to the AOC forms in the article above. I asked for continuance because of this and was denied. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. 2017 I got a misdemeanor Larceny. What was the infraction charge? In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. See the language from the AOC form below: Nevertheless, you should always check with a local attorney to fully explore all your options. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina, Current or former intimate partner, which can include dating or living together as a family, A persons childwhether by birth or adoption. This is a Class E felony if there was a serious injury or the intent to kill. Be aware if rejected it could certainly slow down the process. Main concern is background checks for employment. If both of these elements were present, it would be a Class C felony. 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. Were you 21 or under when charged- that may trigger a shorter wait period. 1. 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. They were both misdemeanors. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. You would be eligible now assuming you have no felony convictions. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. Take a look at the newly created AOC-CR-287 for dismissed charges. Up until rather recently no felony convictions were eligible for expunction. F. poss if marijuana (56 g) Willing to try anything. 2) Not Guilty? Hi Jason. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. ), Any object that can be used as a weapon to kill. If yes is there a waiting period? 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. 4. Ultimate rejection occurs when the Judge refuses to sign off on the Order. Any error can lead to a major delay, in an already lengthy process. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. Trying to go back and undue a guilty plea to a felony is not going to be easy. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. What class level was the conviction? WebSimple assault is a misdemeanor offense in North Carolina. Should I also hire an attorney? Child abuse a misdemeanor. This information does not infer or imply guilt of any actions or activity other than their arrest. And will it be free or have a fee? One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . 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 I was at a house party and went into a room and took a laptop. Would I be able to get these expunged? Case not dismissed, pled "no contest". I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. Sounds like you are using the wrong AOC form. One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. I believe the assault PJC would need to be changed to a dismissal to be eligible. 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. Mr. Hi, I was convicted of a dui/death by vehicle and served 37 mos. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. 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. You could try now, but technically you might have to wait until May. WebSimple assault is usually a misdemeanor. WebWhen simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. That is why she had the protective order. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? Are there any options whatsoever? I was even able to reach The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. 03/08/2001 Simple Worthless Checks I was told by a judge that I need to pay fines and I will get a class E felony on my record. (1) Am I correct that this is eligible for expunction under G.S. Only non-violent Class H and Class I felony convictions are eligible. But what exactly is an Assault on a Female? Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. I wound up taking a plea bargain for possession. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. This stems from an argument where the neighbors call because they were arguing. The NC Court of Appeals has addressed the issue on more than one occasion. We are honest, aggressive and compassionate. Infractions such as Improper Equipment are simply not eligible. If you have FTA's then you should hire an attorney to have those FTA's removed- doing so on your own from another state will be difficult to impossible. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? Class I Larceny Simple assault is the least serious assault charge in North Carolina. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. Can I get the resisting arrest expunged now? Is this true I can have both of cases expunged now. 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? So a dismissed domestic violence charge is not eligible? It is a Class 2 misdemeanor. 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. All of this took place in Mecklenburg county. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Can someone get both expunged, if it was over 20 years ago? Dismissals cannot be expunged if you have any felony convictions. Both charges will certainly appear on your record. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. What website do I go to that will have the correct expunction petition/forms?? That being said, it is always worth a try- the worst that can happen is that your request is denied. 15A-145.5? 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. What county is this conviction from? (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and Can those be expunged? It was like .2 grams. This offense has both misdemeanor and felony versions. 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. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. The petition is then sent back to the county where it was filed. Several forms were updated and/or eliminated in April, 2018. 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. that's not fair. 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. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. I have 2 simple assault cases that where dismissed can I have these expunged? That being said, if a Judge will sign the order then it will likely be processed in Raleigh. But I did not had conviction in durham. The statute does not seem to allow expunction of infractions to which you plea responsible. Would she be a candidate for getting it expunged from her record? Age: It is unbelievable to me that the Felony expungements are only for Class H & I felonies. Assault is a violent offense under NC law. Im 38 yrs old, never in trouble before that or after. Be aware there is a ~$175 filing fee. Nothing automatically comes off a record in NC- not even dismissals. I have never seen it done with a serious felony, but it is technically possible. You should speak with an attorney where the charges originated to determine what options you have at this point. Can I get this expunged off my record. Thank you. Assaults an employee or officer of the State when that person is in an official capacity. Is this true? Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. Pleaded guilty to Breaking and Entering when I was 19 in 2000. Is there a chance to expunge just the misdemeanor? The police called him back to the scene and told him the law stated that someone had to be arrested. Other than a traffic ticket 45 years ago I have nothing on my record. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. Can I have that removed? Was originally charged with causing an affray and misdemeanor simple assault. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. Charges i paid court cost and that was it. Multiple convictions can be problematic. Do you think these charges would be eligible for expungement? Please advice. There is a 10 year wait period to remove felony convictions. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. gave me the fees straight out on the letter including court costs. Protecting your Privacy ~ Your privacy is our primary concern. Both charges were dismissed. i actually tried last year for expunction was told there was just to many, and the DA wouldnt do it. It may be possible to go back and re-open the case to get a better outcome. They occurred from 07-2010. Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. Many If you were just convicted of a misdemeanor and have no other convictions you should be eligible. 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 am a two-time felony from 91 + 93 can this record be sealed. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. 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 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). WebSimple assault in North Carolina is a class 2 misdemeanor. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. I cannot say enough about Attorney Coolidge and his staff. Not sure I follow. By January 10, he was dead. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. I found it myself online. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. You should be eligible as long as you have no felony convictions. If you have been convicted Check with an attorney where the charge occurred on when you are eligible. You should be eligible on the felony dismissal. The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. Convictions involving violence are simply not eligible per NC statute. Reach out to an attorney where the charge occurred. Would that be a correct assessment? In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. If so, what? You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. In 1996 I was 24 And was found guilty of felony possession of marijuana. The law used to be that you could only apply for expunction one time. Yes this just happened on Feb. 25th. 04/07/2002 Obtain property by false pretense by writing a worthless check. The NC SBI is based in Raleigh. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. I assume this was a conviction- what county is this charge from? Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. Paying a fine= pleading guilty. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. 2. Wendell Law Office (919) 365-6000. DWI convictions are explicitly not eligible for expunction per NC statute 15A-145.5 under subsection.8(a). Basically, the type of job you are seeking, in addition to your overall qualifications, the employer hiring requirements, and your competition for the job are contributing factors to your employment success. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. Try contacting an attorney in Guildford county to see when you are eligible to file. What county is this conviction from? If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. That being said, you could always list the extra charge and see if a Judge will sign off on it. Can this be expunged? thank you. Misdemeanor convictions wait period reduced from 15 years to 5 years. The citation was technically for violating a town ordinance against open containers of alcohol in public. Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. What county are these charges from? In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. Please refrain from revealing your identify or specifics about any actual criminal case. Hi, I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. I plead guilty in 2002. My understanding is that as long as a Judge will sign it then it will go through. Raleigh Law Office (919) 615-2473. All of the legal charges/troubles I managed to acrew was within a three year period. Threats of violence may count as domestic violence if you and the victim have a personal relationship. Since that older charge is relatively minor and likely could have been dismissed if you hired a lawyer at the time the DA may be open to dismissal. 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. It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. 1) Guilty? 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. Are these you only convictions of any kind? I am charged with a misdeameanor. You would need to speak to an attorney where these charges originated to see if you have any options. Multiple felony convictions from different incidents usually make you ineligible for any expunction. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. To expunge a felony conviction you can't have any other convictions. Felony- lower class