And is it possible to manage this without an attorney? There is no AOC form for the affidavit- you will have to create your own or use an attorney. Having a proper legal representative I had 1 year of unsupervised probation. They occurred from 07-2010. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. You can either file yourself or hire an attorney. You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. Did his offense involve violence? Assault charges takes many forms in North Carolina. This was a trafficking charge (MDMA). The Law Office of John C. Fitzpatrick handles traffic violations, criminal defense, personal injury matters, power of attorney, and wills in the North Carolina counties of Durham, Harnett, Wake, Orange, Person, Alamance, and Johnston - including the cities of Durham, Chapel Hill, Pittsboro, and Lillington. I was 17 at the time and its really hindering my ability to get a decent job. As a result, the Supreme Court looks beyond the total number of punches or the repeated nature of physical contact with the alleged victim in determining whether more than one assault has occurred, such that the prosecutor may seek convictions for multiple counts of assault. I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. Deal was plead guilty and no prison time or probation. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. As I told him when we left the court room that morning David, you have changed my life forever. I want to go to nursing school and I be read many things that say some will take you and some will not. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . 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? Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. Also assault (husband and I) the assault was dismissed. 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. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? I always recommend having an attorney when negotiating with the DA. A large number of our clients have gotten into a heated argument with their spouse and have called the police to help mediate the discussion. Thank you. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? How many changes can you expunged at one time. I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. That was my only time every getting in trouble and have been trouble free since. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. But I now it shows up on my background. (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. I am a mass. You were eligible to file the moment the charges were dismissed. Mr. In the case of assault, the charges are brought forth by the State prosecution. Does it start a conviction. 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 suspect the rationale is DWI convictions should always be considered by the DMV. If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. When can a person be charged with this type of crime? So are you saying I need to just ask for a dismissal and not pay the fines. Due to this, a victim of assault will not have the ability to drop the charges. . 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. 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 live in Charlotte. What constitutes a Distinct Interruption? See:North Carolina v. Brooks, 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. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. Check with an attorney where the charge occurred on when you are eligible. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. It has been around 25 years since then. The process includes multiple steps These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one partys version of events. Assault with a deadly weapon is another assault charge in North Carolina. Even if the victim tells the DA she does not want to pursue charges, the DA is unlikely to drop them. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. Can the infraction charge be expunged along with the dwi? Do you have multiple convictions in different years- 2012 and 2017? I assume this was a conviction- what county is this charge from? That case was dismissed due to her perjuring(lieing). The wait period refers to the wait period to file for expungement. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. I received a pjc on misdemeanor assault on a female in february 2001. That being said, it is always worth a try- the worst that can happen is that your request is denied. What county is this conviction from? Paid what i owed for that. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. Class I for felony Am I understanding correctly that I qualify? I was told to complete community service. Hello, my friend will have an assault charged dismissed soon, he is over 18. 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. Obtaining property under false pretense. Not sure I follow. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. Assault convictions for those over age 18 on the date of offense are not eligible per statute. I was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. Trying to go back and undue a guilty plea to a felony is not going to be easy. To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. To expunge the larceny by an employee dismissal you can't have any felony convictions. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. It's my understanding I have to wait 10 years after probation ended. I have 2 misdemeanor marijuana convictions. Prosecutors and law enforcement will have access to records. Thanks Jason. Ty for answering questions . The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. We are trying to get 4 charges expunged. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. I would recommend contacting an attorney in Iredell now to line things up. that's not fair. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. ), Any object that can be used as a weapon to kill. There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. Were they all convictions? Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. I am trying to pull together information and put together a letter for the governor about this issue. Of all misdemeanor classifications, a Class A1 is the most serious. I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed? Even if he was charged with 2 counts it seems strange the DA did not agree to dismiss 1 count unless extra charges were also involved. Crazy because the assault on a female was dismissed. I have a hit and run misdemeanor on my record. I believe the assault PJC would need to be changed to a dismissal to be eligible. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. We will provide a thorough review of your case to help you understand all of your options when you call our firm today at (919) 239-8448 to take advantage of a free, confidential consultation. Assaults a child under 12 years old. To misdemeanor. Felony- lower class What was the actual conviction? We've been told before that it wasn't but I thought maybe with the new law it will be. It would depend on exactly what traffic offenses. Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal, 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Both convictions in 2003. I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. I also had several charges dismissed. Dismissals are free to file. Several forms were updated and/or eliminated in April, 2018. VD = Voluntary dismissed. 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. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. 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. That's the only misdemeanor I recall. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. Any dismissed case is eligible for expunction assuming you have no felony convictions. I was 16 at the time and was denied for a pistol permit last year. It may be possible to go back and re-open the case to get a better outcome. 15A-145- forms are about to be updated for the law change effective December 1. I was was charged with felonie larceny by an employer. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. Barry Spencer Green was arrested by Lincoln County Sheriffs deputies on May 28, 2022 for driving while impaired, resisting arrest and assault on an officer. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. I am not aware of B&E being automatically considered violent in NC. Was the assault charge dismissed or were you convicted? Any likeliness for that to be expunged? WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. Home Criminal Charges Violent Crimes Assault. Child abuse a misdemeanor. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! I received a flee to elude felony class H conviction at 18. Threats of violence may count as domestic violence if you and the victim have a personal relationship. Will I be eligible at any point to have the FELONY expunged? made the ticket go away. These charges range from felonies to misdemeanors. Try contacting an attorney in Guildford county to see when you are eligible to file. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. 1st assault with a weapon and assault on a female. So we actually have a slight chance. One. I am 44 years of age. This field is for validation purposes and should be left unchanged. thank you. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Have not yet went to court.. but attorney is very confident he can get charge dismissed. They are reflected as pending charges.. Dare County including Avon, Buxton, Duck, Frisco, Hatteras, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Rodanthe, Southern Shores, and Wanchese; Hertford County including Ahoskie; Hyde County including Ocracoke; and Tyrrell County including Columbia. I have a simple assault charge on my record . 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. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. Contact an attorney in that county to see if those convictions can be reopened and dismissed. You would be eligible now assuming you have no felony convictions. I was arrested but not yet convicted . 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. I was 17 years old. There is also no fee to erase a not-guilty verdict. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. 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