Search North Carolina General Statutes. What can I do? Don't forget you will also have to pay a $175 filing fee. are in need of Legal Services. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. If it matters I was well over 21 at the time of both arrests. Any likeliness for that to be expunged? I sent comment previously please ignore that. 15A-145- forms are about to be updated for the law change effective December 1. Would need way more information to answer that question. Felon class H 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. Was charged with a misdemeanor for larceny. ; menu. would i use form 15.A -14.5? WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). Please refrain from revealing your identify or specifics about any actual criminal case. Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. Is this eligible for an expungement? Is it difficult to have a case reopened and then dismissed by the DA? 08/31/1999 Simple Assault This is a change from the prior law. This method of sentencing takes into account the nature of the crime an alleged offender has been charged with as well as his criminal history. Well its been 12 years and if I can't get a expungement. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. Asking for a gal trying to get in nursing school 17 years later. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. So we actually have a slight chance. I could plead improper equipment and get no points on my insurance or license. Is it worth getting my recorded cleared? One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Yes, pending charges do appear on North Carolina criminal records. Let Dewey P. Brinkley Defend You For Simple Affray. Official court records say dismissed without leave but there is still a notation of conviction. 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? Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. I got convicted of Communicating Threat back in 1999. First, are you seeking employment from a job that requires extensive background checks? Ive done nothing but improve my life since. 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. She (the victim) told me she was coming to court to tell them what happened but didnt show up. 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. I plead guilty in 2002. This was a trafficking charge (MDMA). The process takes 9-12 months to finalize and must be filed in the county where the charges originated. If it was a felony conviction- what class? The attorney states he is very confident this case will be dismissed. A PJC is treated just like a conviction for expunction purposes. I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? You should be eligible if no other convictions of any kind other than traffic offenses. Only H and I felony convictions are eligible per statute. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. 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. Thanks for your advice, it's appreciated. Kirk, Kirk, Howell, Cutler & Thomas, LLP You should be eligible 2 years after your sentence was completed assuming that is your only conviction. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. That misconception likely has spread based on the laws from another state, but not North Carolina. Is it possible that I can get this expunged. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. Charges dismissed prior to December 2020 appear on North Carolina criminal records. That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. You should be eligible as long as you have no felony convictions. Guilford . Any dismissed case is eligible for expunction assuming you have no felony convictions. I was convicted of B.E and B.E. I have had no other infractions other than a speeding ticket in 1999. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. I have a misdeamnor larceny from 2008. We've been told before that it wasn't but I thought maybe with the new law it will be. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. Bottom line is make sure you understand what you are filing before you file anything with the Court. It was reduced to a misdemeanor larceny and a PJC was granted. Take a look at the newly created AOC-CR-287 for dismissed charges. 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. Should I also hire an attorney? Were the convictions from the same incident? 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. Possess schedule II (principal) Deal was plead guilty and no prison time or probation. Did you not have a lawyer originally on this case? These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. I assume this was a conviction- what county is this charge from? I was told that all my charges would be dismissed after completing probation and paying my fines. Reach out to an attorney or the Courthouse in that county to find out local procedure. I was in high school, under 18..what are my options ? they all have method of disposition descr: waiver-clerk not sure what that means. Any special form for it? This blog will explore some of the more common misdemeanor assault charges in North Carolina. Very efficient service. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. Thank you, RJ. What does having an infraction have to do with removing a felony conviction? I believe the assault PJC would need to be changed to a dismissal to be eligible. That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility. How old were you when charged with these charges? It was in Northampton County, looking for advice on the matter. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. I have a PJC conviction for a misdemeanor child abuse charge. The problem with this being on anyone's records is that it affects employment opportunities among other issues. Charlotte Criminal Defense and DWI Lawyer. I am reading up on the expungement process, as these are keeping me from finding employment in my field. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. I am 44 years of age. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that No, under NC law there is no automatic removal of convictions or PJC's. During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? What county was this from? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. It should be eligible for expunction depending on the conviction date. You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief. Offense date (3/24/95) Is the second arrest eligible for expungement? They sent me a letter in the mail explaining that You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. Can I have my record expunged early? 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. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. This crime can be charged as a felony if someone assaults a victim with a deadly weapon with the intent to kill or seriously injure the victim. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. Will he be eligible to have the charge expunged in North Carolina? A good criminal lawyer can help you get your charges reduced or possibly even dropped altogether if the attorney has been given enough time and information to put together a compelling defense. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. Dismissed with leave in NC means the prosecutor the later revive the charge. I was arrested but not yet convicted . I was charged with resisting an officer , put on probation for 18 months in 2010. I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA. There is a link to the AOC forms in the article above. I was convicted in 1997 of felony death by motor vehicle.I was 17. 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 believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. If it has been at least 5 years you should be eligible to proceed now. I bumped a vehicle there was no damage and took off someone reported it. Home Criminal Charges Violent Crimes Assault. Given the 2 convictions occurred within 2 months of each other..what is process other? In 2015 I got a dwi that was vd by the court and looks like it could be expunged. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? You should be eligible if it was a misdemeanor or low level felony. I made an Alford plea to indecent liberties with a minor in 1994. 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. My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well.
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