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Never heard of someone being charged with two paraphernalia charges from the same incident. While it is a misdemeanor charge, even simple assault with a deadly weapon should still be treated very seriously, as it will remain on your permanent criminal record. 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 just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. I've been looking forward to 2025 to get this fully behind me. I also have a misdemeanor assault charge before the felony charge. I was charged and convicted of sell and deliver cocaine. First charge ever convicted in 2015. Reach out to a local attorney to confirm your options as application of the law varies by county. It would depend on exactly what traffic offenses. Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still dont have a clue about. What would be your fee to expunge ? Did you plead guilty to disorderly conduct in 2014? Were you age 16 or 17 at the time of conviction? If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in That being said, the wait period is likely to grow now that more people will be eligible. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. The statute simply excludes traffic convictions as an automatic disqualification. I have 2 charges. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. Then again they may hold the later felony conviction against you. I'm trying to find any information in being able to remove misdemeanors from my record. Only 9 months had passed when I tried to re-enter the US illegally and was caught at El Paso TX, a court appointed lawyer then told me that I had violated the probationary period and because of that a federal judge sentenced me to 8 months in prison. I do not have an answer regarding restoration of gun rights. 2. What county were they from? Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. 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. All charges (even dismissed charges) remain on your criminal record until expunged. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! Multiple felony convictions from different incidents usually make you ineligible for any expunction. In the time since now, a law has changed making my b&e unable to be expunged. Was the time on that petition changed any with the new bill? You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. I live in Hawaii now and am trying to get my long gun permit to hunt. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. Thank you in advance.. Both were at the same time 11/2009. I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. one for B and E And one for possession of stolen goods be expunged? Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. What would you say about this one? It was dismissed but still on my record. Can I get this expunged off my record. Convicted in the same session of court. North Carolina vs. Floyd, 369 NC 329 (2016). Am I eligible for expunction? i did have a attorney, buncombe county. Class F is considered a serious felony and convictions are not eligible for expunction. Is it possible to get a expungement? Getting convictions reopened is not easy and sometimes impossible. 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. Multiple convictions from different incidents is usually a disqualifying factor. Wake County. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the I was wondering how bad my situation is. I'm guessing this would be easily expunged? I was convicted of felony b&e of a motor vehicle. Convictions involving violence are simply not eligible per NC statute. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. I was told that all my charges would be dismissed after completing probation and paying my fines. Felony in 2012. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. I was charged with Class H Felony Identity theft in 2001. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. Thank you. 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. Multiple convictions from different incidents create a problem. 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. why do they make it difficult. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Assault convictions for those over age 18 on the date of offense are not eligible per statute. 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. Will I be able to ever get these expunged? I want to know will this stay on my record ? Can those be expunged? To expunge a dismissal you can't have any felony convictions. You would need to speak to an attorney where these charges originated to see if you have any options. What county is this charge from? The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. I pulled time in county jail, So I plead guilty at age 17 in 2013. Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. I was 19 at the time. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. Can someone get both expunged, if it was over 20 years ago? I'm wondering if there's any chance of this being dismissed? Please advice. Although this crime can be committed in a domestic situation, this is not always the case. My felony conviction date will reach its 10 year mark on 4/20/19. 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. You can't expunge a charge until it has been handled. SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. Do you think these charges would be eligible for expungement? Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! Multiple convictions from different incidents usually create a problem. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. 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. Would that be considered a violent crime? Wendell, NC 27591 I also have a previous charge for the same thing but it was dismissed. I was 21 whenever I was charged with felony larceny by employee. I was also 19 at the time. For straight dismissals or after successful completion of the. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. Will he be eligible to have the charge expunged in North Carolina? It should still not be on your public record, but may be visible to law enforcement. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. 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. If your civil rights are restored can a person legally apply for a concealed weapon permit? See if you can get the misdemeanor convictions reopened and dismissed. You would likely have to get the new conviction re-opened and dismissed first. I read and hear that expunge cannot happen twice. Be aware there is a ~$175 filing fee. Is there any chance to get this expunged. Any employer that disqualifies potential staff based on criminal convictions would, in all likelihood, move on to the next qualified candidate. How many changes can you expunged at one time. Under the new law, is the 15 year expungement no longer possible? I have heard that now any B&E is considered violent. We are honest, aggressive and compassionate. Not sure I follow. This crime a Class H felony. Yes, even dropped charges will appear on a North Carolina criminal record check. Did his offense involve violence? My attorney at the time was then able to get me a PJC for the misdemeanor. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. The 10 year wait period for felonies does not begin until the probation period is completed. At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. You were eligible to file the moment the charges were dismissed. The information you obtain at this website is not, nor is it intended to be, legal advice. Is that a correct assumption? My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Can anything be done with those? 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. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. What county is this charge from? I really hate I created all this drama . Multiple convictions can be problematic. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. I am trying to pull together information and put together a letter for the governor about this issue. (2007) Will I be able to get that expunged? Private databases and internet mugshot websites may also keep otherwise destroyed data. are in need of Legal Services. Simple assault is the least serious assault charge in North Carolina. I was 21 at the time of the charge and it's been over 5 years since disposition in court. He has first court appearance next week for arraignment . That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options. How many years ago was the conviction? I was giving probation and completed and have not been in any trouble prior or since. 2 felonies dismissed in 2013. That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. (ie- your misdemeanor assault). If you were able to do that then you could probably get everything expunged. I sent comment previously please ignore that. This was a trafficking charge (MDMA). I'd like to get my CCW License but can't because of the Communicating Threat conviction. Class D felony convictions are not eligible for expunction. 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. Is that your only non-driving related conviction of any kind? Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. 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 crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. You will need to reach out to an attorney in that county for more guidance. When I was 16, which was 2012, I committed a numerous amount of charges. Only lower level Class H and Class I felony convictions are currently eligible under NC law. I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. DUI convictions are simply not eligible per statute. That being said I would certainly recommend filing to clear your record. 20-158 (d)(1) on a second ticket. I've got my GED, I have 2 years of Community College, but I did in 2016 get a Posses Schedule 1 charge and am on probation for it currently. This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. It is a Class 2 misdemeanor. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. Thank you very much for your help! Already have a lawyer that states this charge can be dismissed. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. 21 when I was convicted. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. Can I seal a class D drug trafficking charge that I was convicted of in 1999? I went to parenting classes, completed probation, have been in no further trouble. Thanks again! In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. 1. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). Completed probation. This includes both convictions and dismissals prior ro DEcember 2020. I have a simple assault and damage to personal property charge. Can I have my record expunged early? Often that type of charge can be dismissed with community service or taking a class. I am worried one stupid mistake may hurt my job chances? Once the charge is dismissed you can immediately file for an expunction. When did probation end? Thank you Mr. Witt is it possible to tell me which other form I would need? 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. All were dismissed. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. DWI convictions are explicitly not eligible for expunction per NC statute 15A-145.5 under subsection.8(a). These charges range from felonies to misdemeanors. Will I be eligible under the new law? The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. 2) Not Guilty? It took five years for them to finish my case. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, What if it were the exact same charges, onlly you were 16? Hello Mr. Witt, We are trying to get 4 charges expunged. Ive done nothing but improve my life since. They are reflected as pending charges.. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. Thank you! This is exactly what I thought to not pay anything. Do I have to wait until 2022 or anything else be done? If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. Thanks for your advice, it's appreciated. (18 U.S.C. 336-379-0539. The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. Still 21 at the time. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. I was 20 when charged with Felony Possession of marijuana with intent to sell. Not sure what to do. Are all these convictions? I guess you need to speak with a local attorney to pull the file and/or examine the courthouse computer entry to answer that question. I also had several charges dismissed. Even misdemeanor convictions involving violence are not eligible per NC statute. And he had not been arrested since. You would need to speak with someone in Wake county as that is where the petition would have to be filed. The long-running James Johnson case in Wilson concluded last week with a PJC (story So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. You should be eligible if it was a misdemeanor or low level felony. Can I have this charge expunged? The misdemeanor version of this offense is a Class A1 misdemeanor. Any likeliness for that to be expunged? I had a misdemeanor-injury to personal property dismissed about a year ago. It sounds like the lawyer you spoke with gave you good advice. At age 17 I was convicted of felony B&E&L. Verified simply means they were notarized. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. 1. Are there specific forms you might recommend that I can use to eliminate this from my record? Or is it still a conviction and I need to wait for 5 years? Verbal and written threats will contribute to the charge. Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. After conviction, this point is moot. After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. so do i have a fighr to ge it reopen. Im sorry Ill try to be more detailed. Thanks! I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. An active punishment involves incarceration in prison or jail, an intermediate punishment is a sentence of supervised probation that may involve a period or periods of confinement, and a community punishment is any sentence other than an active punishment. You should be eligible assuming you have no other convictions besides traffic offenses. I was charged with Simple Assault when I was 16. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. she never showed up for court and they charged me even thought she assaulted me. He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. made the ticket go away. I was charged with breaking or entering, assault with serious bodily injury in 2011. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. Thank you. Could I apply for removal of the felonies. A Class F conviction is not eligible for expunction. I was 17 years old. No trouble since then. Do you have any other convictions of any kind? 1. It is a Class 2 misdemeanor. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. Even a simple assault can carry a maximum jail sentence of 30 days. I've read the statue, and it looks like my problem is I have a lot of other charges from the early 90's that I was convicted of. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. Does it start a conviction. I would like to have this cleaned up any way possible. A petition must be filed in the County and State where the charge originated. Nothing since then. I havent had any felonies since. It may be possible to go back and re-open the case to get a better outcome. If you can't afford one you can ask for a public defender. (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. 4 months later in 2013 pled no contest to misdemeanor larceny. Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. I have not had any charges before or after. Placed on 30 months probation. You would need to have any assault convictions reopened and changed to dismissals. 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. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. The fact that you were charged is never wiped clean absent an expunction. I simply do not handle appeals. Would she be a candidate for getting it expunged from her record? Assaults a child under 12 years old. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. i also have a misdeamnor assult in 2013, that resulted in a PJC, however it was verbal and not physical I just dont know why this was noted on my crimminal background as assult. If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. They occurred from 07-2010. Hi Jason. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. 3. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. That case was dismissed due to her perjuring(lieing). Five years of probation sounds much more like a felony than misdemeanor. I really felt, and still do, that he really cared about helping me. 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? I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). This offense has both misdemeanor and felony versions. WebSimple assault is usually a misdemeanor. Thank you so much! 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? Can that charge be expunged ? What is a Criminal Summons in North Carolina? It was in Northampton County, looking for advice on the matter. Only lower level Class H and I felony convictions are eligible. Site Map. 3. they all have method of disposition descr: waiver-clerk not sure what that means. Is embezzling expungable? That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over. There is a 10 year wait period to remove felony convictions. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. WebA person can be charged with an A1 misdemeanor, punishable by 1-60 days in jail, if he commits an assault, assault and battery, or affray and: Assaults a female if he is a male of at least 18 years of age. I received a misdemeanor paraphernalia charge in 2014. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. These are H & I felonies. I was over 21 y/o when the incident occurred. So even if the victim wants the charges dropped, she does not get to make that decision. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. I am not aware of any law change in NC outside of local government jobs. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Do I qualify? would i use form 15.A -14.5? Multiple convictions from different incidents is a problem. The rationale seems odd and incongruent with a 7 year look back period. Can they really reopen a case and dismiss it? . And would there be a waiting period and fee to apply for an expungement? You would be facing an uphill battle on that one especially if the victim objected. I have never had any felonies. Assault on first responders police, firefighters, emergency medical technicians, etc.