When I was 16, which was 2012, I committed a numerous amount of charges. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Regardless if you are facing misdemeanor or felony charges, you are looking at serious penalties. 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. Due to having a criminal background I have not been able to find a job in almost 7 years. felon on board .. causes no trouble not perfect lolol. Will immigration still find out about them? If no felony convictions you should be at least eligible to expunge your dismissals. I've been looking forward to 2025 to get this fully behind me. 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. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. 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 Felon class H When can a person be charged with this type of crime? And is it possible to manage this without an attorney? Multiple convictions from different incidents is usually a disqualifying factor. If that is your only conviction you should be eligible now. I was searching to find out more about the expungement process when I found your blog. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. Do I have to wait until 2022 or anything else be done? A Class A1 misdemeanor assault with a deadly weapon crime is punishable by up to 60 days in jail for a first offense and up to 150 days in jail if the accused has prior convictions. Is there absolutely no way to get this expunged? Could i file for expungement and what forms would i use? I had no lawyer because I was unaware of the affect that the charge would have on my record! Form AOC-CR-287 is typically used for dismissals. 2. Thanks again! Therefore, it is critical that you understand the different types of assault, and how engaging in a fight or injuring someone on purpose could affect you the rest of your life. there was a poss of cocaine charged that was dropped. Will this clear me to get my permit? I do not have the answer to that question. David Coolidge is a wonderful attorney! 2017. In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. will this new law work to get this done now. are in need of Legal Services. Thank you. I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense. Of all misdemeanor classifications, a Class A1 is the The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Sounds like you are jumping the gun. I was 21 at the time of the offense. DUI convictions are not eligible per NC statute. When a record is expunged the charge will be removed from your official State criminal record. I have not been arrested since the 1995 misdemeanor conviction. This happen in Harnett County. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. 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. Charlotte Criminal Defense and DWI Lawyer. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. Serious Injury an injury that potentially requires medical attention. 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. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or -Bridgette. This is also my very first offense. All charges were dismissed. This was my first offense and last. Can this be expunged since it was not a DWI? It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. A dismissed charge should be eligible. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. I was giving probation and completed and have not been in any trouble prior or since. Multiple convictions from different incidents is also an issue. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. Older DWI's can still be considered by the court as a regular aggravating factor. Thanks in advance for your response. When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. Offense date (3/24/95) If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. Were they both convictions? The convictions were in 2003. A dismissed reckless should be eligible if no felony convictions. No convictions since. I read and hear that expunge cannot happen twice. I assume this was a conviction- what county is this charge from? The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. There is generally a 5 year wait period if you were over 18 when the offense occurred. Be aware there is a ~$175 filing fee. No, under NC law there is no automatic removal of convictions or PJC's. If the worthless check resulted in a conviction that likely is a problem. 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. Hi. If you have no prior convictions, the sentence could involve probation or up to 30 days in jail. Sorry this is so long but I look forward to hearing from you soon :-). See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. The evidence presented by the State must prove or show. I had deferred prosecution, and successfully completed my community service. Had 5 years probation. I cannot offer any insight as gun rights are outside my area of expertise. I suspect the rationale is DWI convictions should always be considered by the DMV. Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. How old were you when charged with these charges? WebContact a Simple Assault Criminal Defense Attorney Today. Contacting our law firm does not imply any form of attorney-client relationship. Is disorderly conduct expungable after Dec. 1? If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. What would be your fee to expunge ? I have been told that it can not be expunged but i found G.S. As soon as a charge is pressed, a pending charge will appear on a background check. 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. No other convictions since. You can't expunge a charge until it has been handled. she never showed up for court and they charged me even thought she assaulted me. What county are these charges from? I lived in Georgia at the time. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. I would definitely use a local attorney rather than attempt anything on your own. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. You could try now, but technically you might have to wait until May. Unfortunately, many residents in Charlotte are the victims of domestic violence. I pulled time in county jail, So I plead guilty at age 17 in 2013. Booking Number: SCD38MW03012023 Booking Date: 3/1/2023 Age: 38 Gender: M Race: WHITE Height: 6' 00" Weight: 170 Views: 1 Charges: Charge Code: 14-33 (A)|1368|2 Charge Description: SIMPLE ASSAULT Bond Amount: $1,000.00 I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? ; menu. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? I was told at the time by my lawyer I can get this expunged in 5 years. If so, you would have to have get some reopened and dismissed. Remember, ANY criminal conviction will typically have a negative impact on hiring status. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. Obtaining property under false pretense. I haven't been in any trouble before nor after this charge. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. In 1996 I was 24 And was found guilty of felony possession of marijuana. I filed assault charge on a friend of mine who punched me during an argument . 1. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. The charge was dismissed but it still shows up on my criminal record. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. He will listen to you and is so very supportive. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. 06/13/2001 Simple Assault Many 10/02/1999 Simple Assault I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". Elements of the Criminal Offense. This includes pending charges, dismissals, PJCs, and convictions. 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. My daughter had a fight at school in 2010 when she was 16. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Even if the victim tells the DA she does not want to pursue charges, the DA is unlikely to drop them. Absolutely! Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. I caused no accident, I never had any arrest prior or since. Getting convictions reopened is not easy and sometimes impossible. Is embezzling expungable? They sent me a letter in the mail explaining that I've since had a DWI charge that was dropped. 15A-145.5? It was a crime committed before 18 years of age and am currently 24 years old. What county were they from? Convictions involving violence are simply not eligible per statute. 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. Simple assault is a misdemeanor offense in North Carolina. What class level was the conviction? I cannot say enough about Attorney Coolidge and his staff. I recieved a petiton/order of expungement in the mail. The judge put In my file not a threat to the person I assaulted. The new law has a 5 year wait period assuming you have no other convictions. Any question about the forms their answer is I can not give you legal advice. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. 3. My husband is military and we are currently stationed in California. My cousin got 2 class A misdemeanor drug paraphernalia convictions (the same incident) about 15 years ago in Salisbury, NC 3 years a drunk in public in Virginia, can he get the drug record expunge? my husband got a felony lerceny charge in 2008 and done his time and has not got into trouble since but he cant get any good jobs because of this. Only H and I felony convictions are eligible per statute. I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. I completed Community Service. I am now 35 with only a couple speeding tickets since. PJC's are treated like a guilty for expunction purposes. It is a Class 2 misdemeanor. You would be eligible now assuming you have no felony convictions. Thank you for your response, Were they two separate convictions from different incidents? Will I be eligible for expungement? Crime against nature under N.C.G.S. Hello, my friend will have an assault charged dismissed soon, he is over 18. 200 North Pine Street Would his record be eligible for expungement? I also have a previous charge for the same thing but it was dismissed. 3. 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. We are trying to get 4 charges expunged. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. I'm just venting - realize nothing you can do about it. Is this a case of ID fraud or did you actually receive this ticket? Dewey P. Brinkley is a former Wake County Assistant District Attorney. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. That being said, you could always list the extra charge and see if a Judge will sign off on it. See the language from the AOC form below: In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. CLASS F FELONY. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. Only lower level Class H and Class I felony convictions are eligible per statute. Here is more detail. 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? from me on a Saturday night. Are these eligible for expunction? But I now it shows up on my background. David immediately showed his support and listened with an empathetic ear. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. Each case is different. 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. I am a resident of Tennessee, i was serving in the Marine Corps at the time. This information does not infer or imply guilt of any actions or activity other than their arrest. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? It was later reduced to misdemeanor assault on female in 2012. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. I was charged with breaking or entering, assault with serious bodily injury in 2011. Convictions involving violence are simply not eligible per NC statute. The Council also declared that the Government of Mizoram would continue to offer shelter to refugees from Bangladesh. I forgot to ask.. for the current misdemeanor charges.. The police called him back to the scene and told him the law stated that someone had to be arrested. Can a person get an expungement if they have done what was ask of them from death by car? On television, we often hear police and lawyers use words like assault and battery interchangeably. Please advice. How old was the defendant at the time of the charge? Guilford Once signed your local county may immediately destroy the file held at the Courthouse. It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! 02/27/1997 Simply Assault This was in 2006in Cumberland County. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. Can two separate Felonise they are over 35 years old and I have no convictions since then. Both tickets have the same date of disposition (and occurrence). Contact an attorney where the charges originated to see if you have any immediate options. 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. When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. I would not be able to comment on paperwork without seeing it. Welcome; About; Practice Areas. If the charge resulted in a conviction the wait period depends on the age and charge. 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. Seems like it would be counter productive to keep a college grad from employment for such a thing? I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. Dismissed with leave in NC means the prosecutor the later revive the charge. Well its been 12 years and if I can't get a expungement. Having a proper legal representative I had 1 year of unsupervised probation. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. Appointments outside regular office hours are available upon request.