Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. I have three posses marijuana charges and two drug paraphernalia charges. I sent comment previously please ignore that. 2 felonies dismissed in 2013. Multiple convictions from different incidents creates major issues. Were they two separate convictions from different incidents? 921 (a) (33) (2022).) No longer in NC and have no plans to ever return. Listed as a crime and tort, thereby resulting in either criminal and/or civil liability. If that is your only conviction you should be eligible now. He is intelligent, kind and completely nonjudgmental. Thanks again! I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. Hello If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. I was charged with breaking or entering, assault with serious bodily injury in 2011. Good evening, Thank you for answering questions. Also flee to elude was reduced to disorderly conduct? I'm guessing this would be easily expunged? Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. If it matters I was well over 21 at the time of both arrests. It is only once. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. The Council also declared that the Government of Mizoram would continue to offer shelter to refugees from Bangladesh. If so, the answer is yes. I was told that my charge would never be seen again after it go in the system?? I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. I completed the probation period of 1 year + community service per the court order. Did you not have a lawyer- that type of charge can often be dismissed via community service. 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. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. 2017 I got a misdemeanor Larceny. A year later in 2012 my charges were dismissed but Im just realizing now that the main veh/ cs was dropped to a misdemeanor but wasnt dismissed even though its the same case. To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. Is that a correct assumption? 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 Class H and Class I felony convictions are eligible. 200 North Pine Street You would be eligible now assuming you have no felony convictions. Of all misdemeanor classifications, a Class A1 is the I got convicted of Communicating Threat back in 1999. Your blog is giving a lot of people some great information. I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. The citation was technically for violating a town ordinance against open containers of alcohol in public. 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 19 W. Hargett St., Suite 400, Raleigh, NC 27601. (So can you answer my question up above. Child abuse a misdemeanor. . 2. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. A lawyer handled it and I had no clue it would show on my record until a recent background check. 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. If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not If no felony convictions you should be at least eligible to expunge your dismissals. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. Nothing automatically comes off a record in NC- not even dismissals. So we actually have a slight chance. 1. The information you obtain at this website is not, nor is it intended to be, legal advice. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. Has the law changed on when you are able to not list felonies on job applications/housing applications? I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. why do they make it difficult. Ive hit a wall in my career because of this delinquent mistake. Had a DWI a few months later while in Drug Court. Expunging a Misdemeanor Conviction in NC I was 21 at the time of the offense. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? Under the new law, is the 15 year expungement no longer possible? I have 2 charges. -Bridgette. Site Map. 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. What makes this charge unique is that if a female assaults a male, she is usually charged with misdemeanor simple assault unless there are serious injuries. That is why she had the protective order. I was charged with fictitious information to an officer 5 years ago. The long-running James Johnson case in Wilson concluded last week with a PJC (story WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. Is there a way to have the conviction expunged or dropped to a misdemeanor? Received 5 years probabtion which was ended after one year. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Is trafficking by transport able to be expunged? I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. That being said, the DA can object and ultimately the Judge decides. It can be charged under a number of criminal offenses, such as simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation. If you have been arrested for domestic violence, you need the assistance of an experienced criminal defense attorney to avoid the severe penalties you face if convicted. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. I would like to have this cleaned up any way possible. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? My case will be dismissed on Monday after completing community service. You would need to speak to an attorney where these charges originated to see if you have any options. I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Had charges misdemeanors non violent over 10 years ago. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Assault is a violent offense under NC law. Thanks. Sounds like you are jumping the gun. That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. Also, not having a job I was not able to pay my fine and still owe. Am I eligible for an expungement? You should be eligible if no other convictions of any kind other than traffic offenses. Procedure varies by county. They represented me and Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Hi Jason. Now I am applying to medical school and think this may prevent me from becoming a doctor. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. Hopefully the Judge will not make you travel. Every one of the charges ended in a voluntary dismissal. No attorney-client relationship is created in this forum. Does a federal charge effect trying to get a state charge expunged? in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. Surprise! I pulled time in county jail, So I plead guilty at age 17 in 2013. I have no inside information when new forms will be released. I had that expunged about 3 years ago. 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. Can I also get this expunged under the new law? 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. Not sure what no longer had jurisdiction over you because probation had expired means. 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 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. That was my first time in trouble ever. And with my felony am i eligible to get firearm right back? I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. What was the actual charge? If you were able to do that then you could probably get everything expunged. Those are all felonies, I committed at 16. Can you tell me if she gets the deferred prosecution is there a waiting period? 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. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. Be aware if rejected it could certainly slow down the process. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. My wife didn't press charges and stood with me in court. No police were involved and I wasnt arrested because they said I cooperated. Once the charge is dismissed you can immediately file for an expunction. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. A Class F conviction is not eligible for expunction. Would I be eligible under the new law and is it five years from conviction date or completion of probation? I would definitely use a local attorney rather than attempt anything on your own. Not sure why the Court can't tell you- perhaps since eh charge was so old. Can I seal a class D drug trafficking charge that I was convicted of in 1999? As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " Alibi the alibi defense is used to show the defendant could not commit the crime in question because they were not present or there are witnesses to testify the event did not occur. What can I do? I was in my mid-twenties. After an expungement are u eligible to get firearm rights restored? one for B and E And one for possession of stolen goods be expunged? 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. If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. Prosecutors do not have to prove someone was harmed to convict you of simple assault. Its not like if there are no witnesses on the first court date teh case gets dismissed- it can be continued many times for the State to subpoena their witnesses to Court. What form do I use to start the process? That being said, my understanding after speaking with the powers in Raleigh is that if you can convince a Judge to sign off on an expunction they will process it regardless of whether it meets the statutory requirements. We would like to have all of them expunged. Assault charges takes many forms in North Carolina. I had a breaking and entering and grand larceny charge in 2012.

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