The statute does not seem to allow expunction of infractions to which you plea responsible. The police called him back to the scene and told him the law stated that someone had to be arrested. I am charged with a misdeameanor. My husband is military and we are currently stationed in California. WebSimple Assault in Raleigh NC. In addition to misdemeanor assault charges, North Carolina recognizes many types of felony assault charges. Official court records say dismissed without leave but there is still a notation of conviction. Both tickets have the same date of disposition (and occurrence). I have 2 simple assault cases that where dismissed can I have these expunged? If you want dismissed charges removed from your record you would have to petition for an expunction. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. 20-158 (d)(1) on a second ticket. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. 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. This stopping me from getting employment. So we actually have a slight chance. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. Three charges were consolidated to one for sentencing. Dewey P. Brinkley is a former Wake County Assistant District Attorney. The 2 convictions were was DV Protective Order Violation. Clark, Brandon James, 35 was arrested on charge of Failure to Appear at 2000-BLK Modern Estates Rd, Lincolnton. I'm thinking I may can file on my own, should I hire an attorney for this situation? You should be eligible if no other convictions of any kind other than traffic offenses. It was a class H felony at the time. I was charged with felony assault by strangulation in 2010. Any person who commits a simple assault, or a simple assault Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I aint get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor. I would talk to a new attorney in the county. Were they two separate convictions from different incidents? I never knew it had been dropped to Assault on a female until recently. I was older than 18 at the time and I know that makes it a little difficult to do so. This crime a Class H felony. 10/02/1999 Communication Threats I got convicted of Communicating Threat back in 1999. It has been around 25 years since then. If you were over 18 and it was not a drug related offense then you are stuck with the 10 year wait period for a felony per statute. Multiple convictions from different incidents is also an issue. It was a crime committed before 18 years of age and am currently 24 years old. It was like .2 grams. 1. I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. My charge was for simple assault. Am I eligible to get this expunged from my record? 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. Mr. What was the actual charge? 08/31/1999 Simple Assault However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. All of the legal charges/troubles I managed to acrew was within a three year period. Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county. 2016 I got a misdemeanor Larceny that got dismissed. points on my Driver License. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. You would need to speak with a local attorney to find out if that is even a viable option. Can I get these charges expunged, and what form do I use to expunge these charges? 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. If the accused hires an attorney, there is the cost for the legal fee. I was 18 when charged 19 when convicted. Can I also get this expunged under the new law? I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. Or with they always be up there? What was the outcome of the charges? Asking for a gal trying to get in nursing school 17 years later. What county is this from? My father is now deceased. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. why do they make it difficult. Charges never automatically drop off your record. Would having an attorney be better in the process here? From the inception of a DWI I had the arresting officer lie on my report. Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. 30 day window for filing expunctions in multiple counties. You should speak with an attorney where the charges originated to determine what options you have at this point. I was convicted in 2009 served 2 yrs for an awdwisi and I havent been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. Form 266 may be the only form you need if you meet the requirements. Is it possible that I can get this expunged. Could i file for expungement and what forms would i use? Class I Larceny Threats of violence may count as domestic violence if you and the victim have a personal relationship. I was charged with Simple Assault when I was 16. It seems so unfair that this can't be forgiven with an expungement. I was charged with larency by employee which is a class h felony in 2009. Felony convictions wait period reduced from 15 years to 10 years. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. 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. Can this be expunged since it was not a DWI? How many years ago was the conviction? 2003 and received 3 yrs probation. Am i eligible for an expungement? If found guilty, the defendant will be responsible for court costs and fines. What would you say about this one? Hi. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. it has been at least 7 years since the charge. Class F is considered a serious felony and convictions are not eligible for expunction. I was convicted in 1997 of felony death by motor vehicle.I was 17. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV 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. I would argue the DWI should count as a driving offense which is not a disqualifier. And would there be a waiting period and fee to apply for an expungement? You would need to speak to a local attorney to see if you have any other options. Prosecutors do not have to prove someone was harmed to convict you of simple assault. 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? To expunge a felony conviction you can't have any other convictions. If I got a expungement under the old law will the new law have a effect on my expungement? I have a misdeamnor larceny from 2008. Can they really reopen a case and dismiss it? Paid what i owed for that. Do either of these charges bar me from petioning for expungement? 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all. Contact an attorney in that county to confirm your options and local procedure. Class E felony convictions are simply not eligible. Multiple convictions from different incidents is a problem. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. Class H B&E The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. 21 years old. I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. If so, then I can get multiple expungements after Dec, right? He plead guilty. Was the time on that petition changed any with the new bill? This field is for validation purposes and should be left unchanged. Nothing since then. It will be up to the prosecution to determine if a plea deal will be offered. I live in Hawaii now and am trying to get my long gun permit to hunt. Can't remember , but what if I did plead guilty ? I forgot to ask.. for the current misdemeanor charges.. Am I eligible for expunction? There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. About. 1. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. The punishment for a simple assault, if convicted, depends on your Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? I havent had any felonies since. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Firearm rights are not in my field of expertise. I was not convicted and it was dismissed without leave. This happen in Harnett County. Serious Injury an injury that potentially requires medical attention. This includes pending charges, dismissals, PJCs, and convictions. I never went to court, or was ever was arrested. 1. 2017. Would I be able to get the dismissals removed from my record? Fees vary based on the outcome of the case. Attorney fess vary greatly by county for most things. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. Reading and researching it states that I am. Simple assault is a misdemeanor offense in North Carolina. In the case of assault, the charges are brought forth by the State prosecution. 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. Up until rather recently no felony convictions were eligible for expunction. Haven't had any charges since. Probation will be done in 2019. 1. What county is this charge from? The process typically takes 9-12 months, but varies by county. Would I be eligible under the new law and is it five years from conviction date or completion of probation? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. Never heard of someone being charged with two paraphernalia charges from the same incident. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. I asked for continuance because of this and was denied. Did his offense involve violence? While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Were you originally charged with a felony and it was reduced to a misdemeanor? Got a misdemeanor Larceny when I was 16. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. Because the person they said I conspired with got off with my plea. That is a rather risky venture to undertake without an attorney.

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