she never showed up for court and they charged me even thought she assaulted me. I live in Hawaii now and am trying to get my long gun permit to hunt. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. Its been 22 yrs and ive paid a lot of dues. For repeat offenders, jail time can reach 60 days. Am I able to file the petition now or shall I wait till 5/6/18. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. Can I get these charges expunged, and what form do I use to expunge these charges? Any person who commits a simple assault, or a simple assault Also assault (husband and I) the assault was dismissed. I am not aware of B&E being automatically considered violent in NC. 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 Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? 1. I pled guilty in 2011 and received one year of probation. Any shot with the misdemeanors because I was 21? You would be eligible now assuming you have no felony convictions. He's very thorough and efficient. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. No police were involved and I wasnt arrested because they said I cooperated. It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. That got expunged. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. Form AOC-CR-287 is typically used for dismissals. You should be eligible as long as you have no felony convictions. I was 25 years old. But what exactly is an Assault on a Female? Thanks! Procedure varies by county. WebN.C.G.S. I also had several charges dismissed. Is there any chance to get this expunged. ), Assault on a child under age 12 (assault is committed by an adult), Assault on a government official while the official is discharging his duties, Assault on a school employee or volunteer while the employee or volunteer is discharging her duties, Assault inflicting serious injury (but not serious bodily injury). Also if you don't mind could you tell me what you think the worse is that could happen? If you were over 18 when charged you prior attorney is likely correct. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. That being said I would certainly recommend filing to clear your record. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? 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. The judge put In my file not a threat to the person I assaulted. I was told i didnt have to show up for that. If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017. It has been around 25 years since then. The Council also declared that the Government of Mizoram would continue to offer shelter to refugees from Bangladesh. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Here is more detail. All three did. I have 12 felonies (6 B&E, 6 corresponding larcenies) all from the same event, in other words all in the same building, same date but multiple charges & convictions resulted because it was and building with multiple entities. Will the DA tell me what form I need? Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. What would be the charges? https://www.nccourts.gov/assets/documents/forms/cv654-en.pdf?4tqxbrLvOPWIB2i6xD3RzkMbHwwiM9Dl. By wiped clean they probably meant the charges would be dismissed. State Bureau of Investigation. I was convicted in 2011 of involuntary manslaughter. How many changes can you expunged at one time. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. Class I for felony My charge was in 2005. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. To expunge the larceny by an employee dismissal you can't have any felony convictions. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). You might want to take a look at AOC-CR-264. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Thanks in advance! Court date is coming up in April. I was charged with assault with deadly weapon. There is no wait period for dismissed charges. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. Hopefully I never need his services 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. Read the statute for the required language. I was over 21 y/o when the incident occurred. CONVICTED OF FELONY EMBEZZLEMENT 4/2008, WOULD THAT BE ELIGIBLE FOR EXPUNGMENT? On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. Every one of the charges ended in a voluntary dismissal. If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in I was charged for misdemeanor speeding, but later reduced to an infraction in the court. 20-158 (d)(1) on a second ticket. She (the victim) told me she was coming to court to tell them what happened but didnt show up. Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. This was in 1975. You would need to speak with a local attorney about having the case reopened and dismissed. I was not arrested for this incident . Can assault be expunged in NC? I have been sober over 3 years. Are these 2 types of charges that can be dismissed? Domestic Simple Assault in North Carolina. Simple assault is the least serious assault charge in North Carolina. Assaults a child under 12 years old. Thank you very much for the information! How old was the defendant at the time of the charge? 4 months later in 2013 pled no contest to misdemeanor larceny. That being said I only handle cases in Union and Mecklenburg County. Common law robbery is a Class G felony. Main concern is background checks for employment. What if you were convicted with one misdemeanor of possession but were charged with 3 counts of misdemeanor possession 2 counts of evading 1 count of misdeanor poss of malt bev and 2 counts of poss of parafanalia, do you think I could get my record expunged? I was 17 years old. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. 2. 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. I have a simple possession of marijuana charge from 2012. But I did not had conviction in durham. Thanks! I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. are in need of Legal Services. Did the DA object? A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. You should reach out to a local attorney to see if you have any other options. 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 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. 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. Do I have a chance to appeal those convictions? How many years ago was the conviction? Reading and researching it states that I am. I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. Firearm rights are not in my field of expertise. If it was a felony conviction- what class? Dewey P. Brinkley is a former Wake County Assistant District Attorney. 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. I bumped a vehicle there was no damage and took off someone reported it. Seems like it would be counter productive to keep a college grad from employment for such a thing? Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. For straight dismissals or after successful completion of the. I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? They occurred from 07-2010. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. 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. What county was this from? I paid a fine and that was it in 2008 can I get it expunged ?? Am I eligible for expungment? 1. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. Would need way more information to answer that question. Felony convictions involving violence are often never eligible. Can I have this charge expunged? Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. She is an indigent and now does not qualify for housing assistance. Infractions generally do not qualify per NC statute. DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. Dismissed charges are always eligible if you have never had a prior expunction. In What county is this charge from? Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. Is there a way to have the conviction expunged or dropped to a misdemeanor? 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. Does this mean to get it expunged? 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. The 10 year wait period for felonies does not begin until the probation period is completed. WebSimple assault in North Carolina is a class 2 misdemeanor. and that MAR thing? North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. Did you not have a lawyer- that type of charge can often be dismissed via community service. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. In the time since now, a law has changed making my b&e unable to be expunged. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. 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? Getting convictions reopened is not easy and sometimes impossible. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. Was the assault charge dismissed or were you convicted? Also can I get all these removed all at once?). Convictions for assault are not eligible if they occurred after age 18. In 2004 I was found guilty of obtaining property by false pretense. Dewey P. Brinkley is a former Wake County Assistant District Attorney. Is my case consided dismissed and eligible for an immediate expungement? I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? Therefore I the Class G conviction will likely disqualify you from any expunction. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. Due to this, a victim of assault will not have the ability to drop the charges. Hello Mr. Witt, An assault on a sports It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. Assuming you were charged, the charge will appear on your criminal record. I haven't been in any trouble before nor after this charge. I would suggest speaking with an attorney in that county for assistance. The charges were not filed by him but the officer who I called at that time. They are all misdemeanors.The 3 misdemeanors were in all 1 occurrence and they were in Mecklenburg County and the 1 was an assault charge that occurred in Stanly County in 2011 that was dismissed. As soon as a charge is pressed, a pending charge will appear on a background check. ), Any object that can be used as a weapon to kill. Help!! ). No, under NC law there is no automatic removal of convictions or PJC's. 3) Dismissed? Older DWI's can still be considered by the court as a regular aggravating factor. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. If you have no prior convictions, the sentence could involve probation or up to 30 days in jail. 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. The NC SBI is based in Raleigh. I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". Should I also hire an attorney? I do not have the answer to that question. 2. so do i have a fighr to ge it reopen. Ive done nothing but improve my life since. Did all three charges result in convictions? It appears that charge may be possible to expunge, although I have never attempted to do so. My court appearance will take place on December. I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. This can cause issues in terms of employment, school, and financial aid. Thank you in advance.. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. There is no specific crime of domestic violence in our state. i dont have the money to hire an attorney, so im hoping i can do it myself. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that Are you saying you were recently charged and the case is still pending? 19 W. Hargett St., Suite 400, Raleigh, NC 27601. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. I really dont want to pursue this anymore . How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses Assault on first responders police, firefighters, emergency medical technicians, etc. 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. 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. I do well in school and wanna succeed , any chance of that being expunged. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. Do you think these charges would be eligible for expungement? It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. Multiple felony convictions in different years are usually a problem. can anything be expunged? Now he is applying for jobs and has a clean record since but the charge is hindering his search . Convictions involving violence are generally not eligible. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. 03/08/2001 Simple Worthless Checks Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. What were the convictions? They were all misdemeanors. A dismissed reckless should be eligible if no felony convictions. Is this true? 02/27/1997 Simply Assault Clark, Brandon James, 35 was arrested on charge of Failure to Appear at 2000-BLK Modern Estates Rd, Lincolnton. Prosecutors do not have to prove someone was harmed to convict you of simple assault. Crazy because the assault on a female was dismissed. Commit assault on a family member, though, and its a whole different matter. I was only convicted of the hit/run when there was absolutely NO evidence against me. Thanks Jason. Were you originally charged with a felony and it was reduced to a misdemeanor? I sent comment previously please ignore that. I have a misdemeanor assault (domestic) from 26 years ago. Any likeliness for that to be expunged? It was back in 1995 in Harnett County. I had to pa a fine , do community sevice and 5 yrs probation. I believe it took a year to process. Due to this, there can be confusion on what those charges actually mean. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. I was convicted of Cyber Stalking in April of 2011. That was my only time every getting in trouble and have been trouble free since. I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. You should be eligible to move forward on the dismissals now. Were they both convictions? Let Dewey P. Brinkley Defend You For Simple Affray. The police called him back to the scene and told him the law stated that someone had to be arrested. Do I have ANY chance for expungement? All were dismissed. That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. The North Carolina Supreme Court defines, generally, the common law offense of simple assault as an attempt or overt act or the unequivocal appearance of attempting, with violence and force, to do some form of immediate harm or injury to the person of another. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. points on my Driver License. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. I was anxious and nervous about my case from the beginning. My husband desperately want to join the military. Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history. This individual has had no other interactions with the law and completed all probational conditions with no infractions. That should have been eligible years ago even before the new law- did someone advise your otherwise? What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. 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. Excellent Customer Service. 336-379-0539. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer.