I was was charged with felonie larceny by an employer. Please refrain from revealing your identify or specifics about any actual criminal case. Am I eligible to have these expunged? I have a PJC conviction for a misdemeanor child abuse charge. Let Dewey P. Brinkley Defend You For Simple Affray. With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. How can I get it off my record . I was older than 18 at the time and I know that makes it a little difficult to do so. The charges were in Rutherford county North Carolina. What county is this charge from? I mean 30 years and being a model citizen with not even a traffic ticket? I have been sober over 3 years. People may be charged with assault simply for threats or shows of force that make alleged victims feel as though they are at risk of physical harm. Crazy because the assault on a female was dismissed. 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. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? She has never been in any trouble before. If so, you would have to have get some reopened and dismissed. 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 am not sure what you are asking. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief. I was convicted of concealment of goods (roughly $8.00) im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. Also, if you have a record of past criminal convictions, the judge is more likely to impose maximum sentence, especially if prior convictions were for assault as well. Assault with a deadly weapon is another assault charge in North Carolina. The punishment for a simple assault, if convicted, depends on your Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. Did you talk to someone about the MAR on the old bad check conviction? (a) Any person who commits a simple assault or a simple assault and battery or participates in a It was in Cherokee County, Murphy. At age 17 I was convicted of felony B&E&L. You are however eligible to remove the dismissals. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Have not yet went to court.. but attorney is very confident he can get charge dismissed. North Carolina has a number of different classifications for assault cases. 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'm thinking I may can file on my own, should I hire an attorney for this situation? This statement is a, This is a post about hope. I received a class I felony for NC tax evasion in 2001 for three years of returns. [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. I know before it was at east 5 years of waiting. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. What would be the charges? (So can you answer my question up above. This hard rule no longer applies, although there are limitations when prior convictions were expunged. It took place in Lee county, NC. Any of these options will take many months and unfortunately, will cost money. they had updated me on the outcome. The petition is then sent back to the county where it was filed. Use of this website or submission of an online form does not create an attorney-client relationship. Threatening behavior that places The petition must be filed in the county where the charge originated. I am a resident of Tennessee, i was serving in the Marine Corps at the time. It sounds like the lawyer you spoke with gave you good advice. And Larceny class H Felony in 2001. Charges i paid court cost and that was it. But what exactly is an Assault on a Female? Also, not having a job I was not able to pay my fine and still owe. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. I would certainly recommend hiring an attorney. Raleigh, with a population of about 470,000 people, saw 49 homicide deaths, compared with 33 in 2021. Are you saying you were recently charged and the case is still pending? Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that I have a house in my name but she lives there. Therefore I the Class G conviction will likely disqualify you from any expunction. It will be up to the prosecution to determine if a plea deal will be offered. Were these convictions from the same incident? I don't see that as legal advice . Related Article: Felonious Assault Traffic offenses should not be a problem, but the other two convictions are an issue. It may be possible depending on the facts of the case after a 10 year wait period. again but if I am in a similar predicament I would most definitely hire David again. Elements of the Criminal Offense. 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. Is there anytgany I can do to get my gun rights restored? I've been looking forward to 2025 to get this fully behind me. Assault and battery are serious crimes, and if you have been charged with either one, it is important to seek legal help as soon as possible. Would I be elegible for expungement of this dismissed charge? the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. I have a misdemeanor charge for disorderly conduct is there any way that i can have that removed from my record it is keeping me from getting a job promotion at work. After an expungement are u eligible to get firearm rights restored? Ultimate rejection occurs when the Judge refuses to sign off on the Order. Age: Is it possible that I can get this expunged. 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. Is there any way to use the PTSD diagnosis to expunge this? Mr. I was in my mid-twenties. Can that charge be expunged ? Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. The charge was dismissed but it still shows up on my criminal record. Under 15a-145.2 (a) (2) Verified affidavits by two persons? You should be eligible if that is your only conviction and you meet the time requirement. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Those jurisdictions consider arguments, slapping, or pushing as simple assault cases. 2 felonies dismissed in 2013. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. (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. The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. The statute does not seem to allow expunction of infractions to which you plea responsible. I just want my hunting privileges back. Under the new law multiple dismissals are certainly eligible. There is no specific crime of domestic violence in our state. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. It should be eligible for expunction depending on the conviction date. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Violent felony convictions are typically never eligible for expungement. Multiple convictions from different incidents is usually a disqualifying factor. If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. Simple assault is the least serious assault charge in North Carolina. Were they all convictions? Class D felony convictions are not eligible for expunction. Serious Injury an injury that potentially requires medical attention. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. Hes handed several matters for Was originally charged with causing an affray and misdemeanor simple assault. 4. 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. 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. " 1. I only handle Union and Mecklenburg. 2. Of all misdemeanor classifications, a Class A1 is the I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. 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. 10/02/1999 Communication Threats You should be eligible if it was a misdemeanor or low level felony. I have not had any charges before or after. It is a Class 2 misdemeanor. Only lower level Class H and Class I felony convictions are eligible per NC statute. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. Or is there any other options where it could be dismissed? Wendell Law Office (919) 365-6000. I am 44 years of age. Monday-Friday 9:00am 5:00pm Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. Ive gone from Manager to welfare because of this. 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. My charge was in 2005. Be aware there is a ~$175 filing fee. Will he be eligible to have the charge expunged in North Carolina? Probation will be done in 2019. Many forms also come with instructions. This means that someone will have to participate in the court process to resolve the case; The process will cost money for programs, fines, and an attorney; The accused will have a pending criminal charge on their background check until the case is resolved; If the case is resolved by plea or diversion program, or a guilty verdict is rendered in a trial, the criminal record is completely non-expungeable. So we actually have a slight chance. 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. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). You should be eligible if no other convictions of any kind other than traffic offenses. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. Multiple convictions from different incidents is a problem. 2) Not Guilty? I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Under the new law can have these expunged? 2. Contact an attorney in that county to see if those convictions can be reopened and dismissed. So when should I be able to get all expungement. 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. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. The misdemeanor version of this offense is a Class A1 misdemeanor. Multiple convictions from different incidents is usually a problem in expunction.
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