I am not sure I follow. 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. I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". If you were able to do that then you could probably get everything expunged. VD = Voluntary dismissed. Very efficient service. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. Dismissals are free to file. DWI convictions have never been eligible for expunction. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? 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. Now today (October 6, 2022) am I eligible for expungement. Could it be expunged? Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? If both charges originated from Wake County you should be able to list them both on the same petition under the new law. Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. 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. Will I be able to ever get these expunged? Any question about the forms their answer is I can not give you legal advice. One. I received a flee to elude felony class H conviction at 18. Monday-Friday 9:00am 5:00pm https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR The first felony would not be eligible due to subsequent convictions. So with your Witt law pa attorneys do they do help with expungements? Hopefully I never need his services Well its been 12 years and if I can't get a expungement. How are they "Verified"? How long do i have to wait to have it expunged? 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 pulled time in county jail, So I plead guilty at age 17 in 2013. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. Thank you so much! Do I have a chance to appeal those convictions? If your charge is dismissed there is no wait period. 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. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Why not file for expugement as you never know if that will be a deciding factor? Her court date is next week. My case will be dismissed on Monday after completing community service. Are there any options whatsoever? WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. 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. 04/07/2002 Obtain Property by false pretense by writing a worthless check ). Will this clear me to get my permit? thank you. So a dismissed domestic violence charge is not eligible? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. Multiple convictions from different incidents is usually a disqualifying factor. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. Thank you in advance! 15A-146. Can I get my conviction expunged and legally own a firearm. Can this be expunged? 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 ? If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. "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.". I would recommend speaking with an immigration attorney on this issue. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. 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 pled guilty to unauthorized use of a vehicle. You would be facing an uphill battle on that one especially if the victim objected. No more limit on number of dismissals than can be expunged. I was convicted for common law robbery (Class G felony). Can two separate Felonise they are over 35 years old and I have no convictions since then. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. 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. In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. Contact an attorney in that county to confirm your options and local procedure. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. Lets start exploring some of the various types of misdemeanor assault in North Carolina. But I now it shows up on my background. 3. Is that your only non-driving related conviction of any kind? Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. He is now 25 and has no other brushes with the law.. There would be a shorter wait period if you were under 18 on the date of offense. 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. can i get a assault on female expunged? A primary goal of, On June 25, 2020 Governor Cooper signed State Bill 562, or the , A petition must be filed in the County Courthouse where the charge originated. If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. Were they both convictions? Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Listed as a crime and tort, thereby resulting in either criminal and/or civil liability. Does this mean it is expunged completely? I pled guilty on1/03/2008 to the following: 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. I wound up taking a plea bargain for possession. What county is this charge from? The process includes multiple steps 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. 2016 I got a misdemeanor Larceny that got dismissed. He's very thorough and efficient. That misconception likely has spread based on the laws from another state, but not North Carolina. 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. What does having an infraction have to do with removing a felony conviction? I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. Can I get an expungement on the larceny? How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. In 2001 I made a stupid mistake at 16. 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. There is no AOC form for the affidavit- you will have to create your own or use an attorney. What are the steps if I am eligible for an expungement. Therefore, it is critical that you understand the different types of assault, and how engaging in a fight or injuring someone on purpose could affect you the rest of your life. If found guilty, the defendant will be responsible for court costs and fines. I had deferred prosecution, and successfully completed my community service. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. Let Dewey P. Brinkley Defend You For Simple Affray. Only lower level felony convictions are eligible. Paying a fine= pleading guilty. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. Please advice. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court.