In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. That misconception likely has spread based on the laws from another state, but not North Carolina. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. What county is this conviction from? I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. 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. It was reduced to a misdemeanor larceny and a PJC was granted. Thank you in advance for your help. Charges dismissed prior to December 2020 appear on North Carolina criminal records. I have 5 misdemeanor charges ranging from 2005 - 2016. I was thinking it would be the 266 form since I was 20 at the time back in 2011. I am reading up on the expungement process, as these are keeping me from finding employment in my field. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. Although this crime can be committed in a domestic situation, this is not always the case. Do I have a chance to appeal those convictions? For a first time offender charged with a minor offense deferred prosecution is usually always an option. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal allegations. 20-146 (d)(1) on one ticket and g.s. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that The evidence presented by the State must prove or show. Official court records say dismissed without leave but there is still a notation of conviction. My question is am I eligible for expungement in wake county after 5 years for misdemeanor per new law enacted in dec 2017. i.e. Is embezzling expungable? For felony intent to sell and deliver cocaine.. can it be expunged? My understanding is that as long as a Judge will sign it then it will go through. 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? Thanks. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. What county is this conviction from? Was the assault charge dismissed or were you convicted? "This petition is being filed at least ten (10) years after the date(s) of conviction listed above for any nonviolent felony or five (5) years for any nonviolent misdemeanor, or when any active sentence, period of probation, and post-release supervision has been served, whichever occurred later.". Is there a chance to expunge just the misdemeanor? I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. Can me and my friend / wife / co-defendant hire the same lawyer? Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. 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. 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). The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. 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. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. If so, the answer is yes. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. 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. The criminal defense attorneys at The Coolidge Law Firm will fight to achieve a resolution to your case that involves the fewest possible immediate and long-term penalties. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. As a Board Certified Specialist in State and Federal Criminal Law, Damon Chetson is one of the top trial lawyers in Raleigh with dozens of successful outcomes in jury trials and hundreds of positive results for clients. Due to having a criminal background I have not been able to find a job in almost 7 years. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? Infractions such as Improper Equipment are simply not eligible. I hired an attorney who is now disbarred, and I was leaving to marry an ex in California, and I went to two court appearances before the judge would let me leave NC under the requirement that I leave a way to contact me once I got there. 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 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? However, if your case results in a conviction, the wait period depends on the charge and your age. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 15A-146. It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. If convicted, a person could be sentenced to between 4 months and 25 months in prison. ), Any object that can be used as a weapon to kill. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). I was charged with Simple Assault when I was 16. If you have been falsely charged with assault, assault with a deadly weapon or sexual assault, then our Raleigh criminal lawyers are only a call away. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. What are you looking to remove from your record? I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. I'm just venting - realize nothing you can do about it. 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. the probation was terminated If you have been arrested for domestic violence, you need the assistance of an experienced criminal defense attorney to avoid the severe penalties you face if convicted. The petition is then sent back to the county where it was filed. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! Is it possible to get this expunged? I would not be able to comment on paperwork without seeing it. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. No jobs are wanting to give me a chance at all. Sorry, but I just don't have an answer for you. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. No, under NC law there is no automatic removal of convictions or PJC's. I assume this was a conviction- what county is this charge from? What would be your fee to expunge ? In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. This was my charges WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. 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. 14-33 Assault on Female. Prosecutors and law enforcement will have access to records. Dewey P. Brinkley is a former Wake County Assistant District Attorney. DWI's within the prior 7 years are a grossly aggravating factor. Were you age 16 or 17 at the time of conviction? Thank you. I went to parenting classes, completed probation, have been in no further trouble. Were your separate felony convictions from different incidents and resolved on different court dates? It may be possible if you were under 18. Removing multiple convictions will not be so easy. I wanted to see how can i get these expunged. i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged? Class I for felony Sealing a criminal record is not something I have seen in NC. Would that be a correct assessment? I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. Let Dewey P. Brinkley Defend You For Simple Affray. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. You should be eligible if no other convictions of any kind other than traffic offenses. 2017. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. If you were able to do that then you could probably get everything expunged. Any of these options will take many months and unfortunately, will cost money. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. I was convicted in 2011 of involuntary manslaughter. Reading and researching it states that I am. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. WebNew Jersey: According to N.J.S.T 2C 12-1, most simple assaults are classified as disorderly person offenses, which are punishable by up to 6 months in jail and $1,000 in The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. Class A1 misdemeanor convictions are explicitly excluded from the definition of "non-violent" charges and hence are not eligible for expunction for those over age 18 on the date of offense. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. 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 have a simple possession of marijuana charge from 2012. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. If you can't afford one you can ask for a public defender. My daughter had a fight at school in 2010 when she was 16. What and how is the best and fastest way to get this removed? We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? The 5 year misdemeanor wait time starts to run after probation is completed. Is that possible with 1 count of trafficking cocaine? I would talk to a new attorney in the county. Are there any options whatsoever? Were they two separate convictions from different incidents? It was in Northampton County, looking for advice on the matter. Would I be elegible for expungement of this dismissed charge? If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. If the worthless check resulted in a conviction that likely is a problem. Thank you very much! Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. It is a Class 1 misdemeanor if a person commits an assault, assault and battery, or affray under the following circumstances: It is a Class A1 misdemeanor if a person commits an assault, assault and battery, or affray under the following circumstances: Assault by pointing a gun is a Class A1 misdemeanor. I caused no accident, I never had any arrest prior or since. felon on board .. causes no trouble not perfect lolol. 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 was charged and convicted of sell and deliver cocaine. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. No more limit on number of dismissals than can be expunged. It should be eligible if no other convictions other than traffic offenses. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. This was the first time I had ever been in trouble so I pleaded guilty. An informal deferred prosecution involving maybe community service would probably be the best outcome. No attorney-client relationship is created in this forum. Guilford She has never been in any trouble before. Now today (October 6, 2022) am I eligible for expungement. Sorry this is so long but I look forward to hearing from you soon :-). 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. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. I have not been arrested since the 1995 misdemeanor conviction. Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense. Convicted in the same session of court. How old was the defendant at the time of the charge? I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. For straight dismissals or after successful completion of the. will expunging my non violent felony allow me to buy/own firearms legally again? I would recommend running a criminal record at that time to verify the charge is removed. Do you have any other convictions besides driving offenses? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. I would certainly recommend hiring an 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. 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. I am now 35 with only a couple speeding tickets since. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Appointments outside regular office hours are available upon request. I am not sure what you are asking. (3) Would getting this expunged require any in-person court appearances in Orange County? Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. We will provide a thorough review of your case to help you understand all of your options when you call our firm today at (919) 239-8448 to take advantage of a free, confidential consultation. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. 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. Thanks! However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. Do you have any other convictions of any kind? I caught a cocaine charge in 1993, it wasnt even a gram. It was a crime committed before 18 years of age and am currently 24 years old. 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. 02/27/1997 Simply Assault I also have a previous charge for the same thing but it was dismissed. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. Asking for a gal trying to get in nursing school 17 years later. 2) Not Guilty? If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." Court date is coming up in April. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. how long will it take to expunge? State Bureau of Investigation. can he hire a lawyer to take it before a judge or DA. You would need to speak to an attorney where these charges originated to see if you have any options. The Law Office of John C. Fitzpatrick handles traffic violations, criminal defense, personal injury matters, power of attorney, and wills in the North Carolina counties of Durham, Harnett, Wake, Orange, Person, Alamance, and Johnston - including the cities of Durham, Chapel Hill, Pittsboro, and Lillington. If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. 3) Dismissed? Only lower level felony convictions are eligible. How long would it take? 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. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. It may depend on the facts of the case as convictions involving violence are not eligible. The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. Convictions involving violence that occur after 18 are not eligible. Is there anytgany I can do to get my gun rights restored? Is there any case or situation where the ten year time period may be excused? I paid 20k in restitution and 200ish hours in community service which was completed in 2010. Wendell, NC 27591 It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction.