The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. Thank you. You should also speak to the clerks at the courthouse about local procedure. AOC form 287 is for dismissed charges only. Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. Was the time on that petition changed any with the new bill? He has NO charges before or after these charges. 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. We fight for the best possible outcome in every case. 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. WebSimple assault is a misdemeanor offense in North Carolina. 4. got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record. My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). You should reach out to a local attorney to see if you have any options such as reopening the case. (1) Am I correct that this is eligible for expunction under G.S. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. 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 Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. Was originally charged with causing an affray and misdemeanor simple assault. Can the infraction charge be expunged along with the dwi? Convictions involving violence are simply not eligible per statute. I was 17 at the time and its really hindering my ability to get a decent job. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. can i get a assault on female expunged? I was been told by attorney that if I complete the ALE training program which was 2 hours then the charges will be dismissed and I see on my paperwork it shows VD. That being said, you could always list the extra charge and see if a Judge will sign off on it. Each State has unique expunction laws. This was in 2006in Cumberland County. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Does it go from when you are charged or how long they drug it out. Multiple convictions from different incidents is usually a disqualifying factor. can anything be expunged? Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. The clerks can't give you legal advice- what county is this from? 2003 and received 3 yrs probation. 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. In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. the probation was terminated Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. Yes this just happened on Feb. 25th. Attorney fess vary greatly by county for most things. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. Assault With a Deadly Weapon. It happened 17 years ago. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. I have never heard of someone trying to expunge an infraction. What constitutes simple assault is defined under common law. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. See the language from the AOC form below: Commit assault on a family member, though, and its a whole different matter. Or is there any other options where it could be dismissed? All three did. Help!! Please contact me when you are available. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. 2 felonies dismissed in 2013. Is it possible to have those records sealed because it's keeping me from getting jobs???? Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. 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. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? Under 15a-145.2 (a) (1) an affidavit by the petitioner? You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. Can anything be done with those? Many If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. Thank you in advance for your help. Hi Jason. It was in Cherokee County, Murphy. Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? 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. Contact an attorney where the charges originated to see if you have any immediate options. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. Very efficient service. Surprise! Talk to a local attorney to find out what judges in that county will sign or not sign. You would need to speak with a local attorney to see if anything can be done. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. I do not have the answer as to whether it will allow you to obtain a gun permit. That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. I was 16 at time of offenses and 17 at time of conviction. I was charged for misdemeanor speeding, but later reduced to an infraction in the court. But I did not had conviction in durham. which were only 2 months apart. Also, I think I should note that these charges stem from two arrest, not four separate arrest. How long would it take? I bumped a vehicle there was no damage and took off someone reported it. A video shot by someone in a classroom showed I caught a cocaine charge in 1993, it wasnt even a gram. Both were at the same time 11/2009. Say if no one from the store comes to court? Can you tell me if she gets the deferred prosecution is there a waiting period? An informal deferred prosecution involving maybe community service would probably be the best outcome. This includes both convictions and dismissals prior ro DEcember 2020. 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. Already have a lawyer that states this charge can be dismissed. Hi, I was convicted of a dui/death by vehicle and served 37 mos. I completed Community Service. You should consult an attorney for advice regarding your own individual situation. Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. Class H B&E Placed on 30 months probation. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. I got convicted of Communicating Threat back in 1999. I was 21 whenever I was charged with felony larceny by employee. In 2004 I was found guilty of obtaining property by false pretense. Assault and Battery Charges. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. What were the convictions? Along with the 287 form, could you tell me which other forms I would need? Any special form for it? 30 day window for filing expunctions in multiple counties. This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. They were all misdemeanors. Prosecutors do not have to prove someone was harmed to convict you of simple assault. 3) Dismissed? Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) 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. I am not sure I follow. Convicted in the same session of court. I can not say enough good about David Coolidge and the Law Firm! WebWhen simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. Regardless if you are facing misdemeanor or felony charges, you are looking at serious penalties. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. 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. 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. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. It was a class H felony at the time. An assault on a sports I was then offered a plea bargain if I accepted a misdemeanor common law uttering. 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 also have a previous charge for the same thing but it was dismissed. I believe it took a year to process. Therefore, you could be arrested and charged with assault for inciting a bar fight. Not sure why the Court can't tell you- perhaps since eh charge was so old. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. 1. It may depend on the facts of the case as convictions involving violence are not eligible. I have not had any charges before or after. The contact form sends information by non-encrypted email, which is not secure. There is no wait period for dismissals or findings of not-guilty. Can I get it expunged and what AOC would I need? I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? I don't have any advice for a Class G conviction other than to talk to an attorney in the county where the charge originated to see if anything can be done such as a Motion for Appropriate Relief to reopen the case and get a better outcome. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I received a flee to elude felony class H conviction at 18. He has first court appearance next week for arraignment . The convictions were in 2003. I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird. Multiple convictions from different incidents is a problem. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. Sorry this is so long but I look forward to hearing from you soon :-). That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. That is why she had the protective order. Wendell, NC 27591 Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. I have three posses marijuana charges and two drug paraphernalia charges. Verified simply means they were notarized. During the same year I recieved assault charge and simple affray from fights in high school. The nastiness continued throughout the process, and I find this inexcusable. It sounds like the lawyer you spoke with gave you good advice. To be up after probation or does it start when the offense happened. Any error can lead to a major delay, in an already lengthy process. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. would i use form 15.A -14.5? It may be possible to go back and re-open the case to get a better outcome. 10/02/1999 Simple Assault 02/27/1997 Simply Assault 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. I was only convicted of the hit/run when there was absolutely NO evidence against me. Credit card fraud.. That being said, the wait period is likely to grow now that more people will be eligible. Hopefully the Judge will not make you travel. Then again they may hold the later felony conviction against you. There is a link to the AOC forms in the article above. Are all these convictions? 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. I highly recommend. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. You will be under the new law, which just happens to go into effect tomorrow. Dismissals cannot be expunged if you have any felony convictions. That case was dismissed due to her perjuring(lieing). Get In Touch (704) 247-7110 (704) 247-7110 close. I was 20 when charged with Felony Possession of marijuana with intent to sell. Am I understanding correctly that I qualify? The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. Infractions such as Improper Equipment are simply not eligible. Thank you! You should be eligible 2 years after your sentence was completed assuming that is your only conviction. I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. Removing multiple convictions will not be so easy. You probably want to wait until all cases are dismissed so you only have to file one time. But what exactly is an Assault on a Female? Assault on first responders police, firefighters, emergency medical technicians, etc. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. I went to parenting classes, completed probation, have been in no further trouble. Kirk Kirk Law. What website do I go to that will have the correct expunction petition/forms?? Assault is a violent offense under NC law. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. I have never had a charge before or after this one incident. Thanks! First, are you seeking employment from a job that requires extensive background checks? So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. I simply do not handle appeals. she never showed up for court and they charged me even thought she assaulted me. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed.
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