If so, then I can get multiple expungements after Dec, right? Very efficient service. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. I received a PJC for misdemeanor domestic violence in NC in 1996. Thanks in advance! 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, If you were under 18 when charged it may be possible. Thank you! I was 16 at the time and was denied for a pistol permit last year. There is a link to the AOC forms in the article above. 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. He should followup with an attorney in the county where the charge orientated. Is it possible to get this expunged? I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. 25 years ago in college, I pleaded guilty to a charge and had it expunged. Saw that sections have been repealed.. Is there any possibility he could get this expunged? It was a class H felony at the time. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. Also does this charge show up on background checks now? Misdemeanors are punishable by a fine and/or up to 120 days in jail. Child abuse a misdemeanor. Any person who commits a simple assault, or a simple assault I only handle Union and Mecklenburg. All charges were dismissed. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. Your comment will be posted after it is approved. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. I have not had any charges before or after. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. Any employer that disqualifies potential staff based on criminal convictions would, in all likelihood, move on to the next qualified candidate. The first and only offense I had and will only ever have. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. The term assault applies to a variety of charges, classes, and degrees. I bumped a vehicle there was no damage and took off someone reported it. I really felt, and still do, that he really cared about helping me. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. I dont want to spend another $1000 to be told no again. Yes, pending charges do appear on North Carolina criminal records. You should be eligible assuming you have no other convictions besides traffic offenses. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. so do i have a fighr to ge it reopen. I have a house in my name but she lives there. You would need to speak with a local attorney to find out if that is even a viable option. 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. (ie- your misdemeanor assault). It took five years for them to finish my case. 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. Often that type of charge can be dismissed with community service or taking a class. Paid what i owed for that. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. If both charges originated from Wake County you should be able to list them both on the same petition under the new law. Therefore I the Class G conviction will likely disqualify you from any expunction. Did you talk to someone about the MAR on the old bad check conviction? Can this be removed off my record? If you were over 18 when charged you prior attorney is likely correct. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. Sealing a criminal record is not something I have seen in NC. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. What county were they from? What kinds of punishments can an alleged offender be sentenced to? Only lower level Class H and Class I felony convictions are eligible per statute. Thanks! For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. This individual has had no other interactions with the law and completed all probational conditions with no infractions. Thank you in advance for your help. It was later reduced to misdemeanor assault on female in 2012. Got a misdemeanor Larceny when I was 16. I have 2 misdemeanor marijuana convictions. Thank you very much for the information! One. Were you originally charged with a felony and it was reduced to a misdemeanor? Did you have an attorney when you filed before? I had a Speeding ticket and they resolved it positively with no I was convicted of B.E and B.E. You can't expunge a charge until it has been handled. Three charges were consolidated to one for sentencing. Simple assault is a misdemeanor offense in North Carolina. I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. I also received an infraction for failing to maintain lane control that was also dismissed. Pleaded guilty to Breaking and Entering when I was 19 in 2000. Also the other co defendants got it completely dismissed. Assaults a child under 12 years old. Dismissed with leave in NC means the prosecutor the later revive the charge. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. Not sure what to do. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Is there a chance to expunge just the misdemeanor? Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. I pulled time in county jail, So I plead guilty at age 17 in 2013. Is this eligible for an expungement? It was a crime committed before 18 years of age and am currently 24 years old. And he had not been arrested since. Multiple convictions from different years is a problem. You will be under the new law, which just happens to go into effect tomorrow. What county were the charges from? I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. What can I do? They are reflected as pending charges.. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. I do not have the answer to that question. So when should I be able to get all expungement. Ive hit a wall in my career because of this delinquent mistake. I would very much like to discuss having my record expunged. Thanks. 2. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. I'm wondering if there's any chance of this being dismissed? Only 1 Faulty Equipment ticket since then. Removing multiple convictions will not be so easy. The answer is maybe. 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. Multiple felony convictions in different years are usually a problem. WebContact a Simple Assault Criminal Defense Attorney Today. 921 (a) (33) (2022).) The expunction process due to the backlog generally takes 9-12 months to finalize. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. The statute simply excludes traffic convictions as an automatic disqualification. No, under NC law there is no automatic removal of convictions or PJC's. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. How to get a simple assault charge dismissed /dropped. 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. Am i eligible for an expungement? which were only 2 months apart. Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. Say if no one from the store comes to court? This field is for validation purposes and should be left unchanged. Expunction of records when charges are dismissed or there are findings of not guilty. Also assault (husband and I) the assault was dismissed. Assault in North Carolina is governed by North Carolina General Statute. During the same year I recieved assault charge and simple affray from fights in high school. Any of these options will take many months and unfortunately, will cost money. I was 19 at the time. 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 . The punishment for a simple assault, if convicted, depends on your 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. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. From the inception of a DWI I had the arresting officer lie on my report. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. , 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. The last thing you want to do is pay the fine for the worthless check charge. The NC SBI is based in Raleigh. What can I do? There is no fee to expunge straight dismissals, that did not involve deferred prosecution. they all have method of disposition descr: waiver-clerk not sure what that means. I was put on 12 months unsupervised probation. 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. Also, I think I should note that these charges stem from two arrest, not four separate arrest. It would depend on exactly what traffic offenses. You would need to have any assault convictions reopened and changed to dismissals. 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. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. Contacting our law firm does not imply any form of attorney-client relationship. What county were these convictions from? 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. Hi, David immediately showed his support and listened with an empathetic ear. Thank you. 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? Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? Take a look at AOC-264. Depending on the state, consequences for a juvenile charged with simple assault could include: jail time (to be served in a juvenile facility or, in rare cases, an adult institution) community service probation restitution (repayment) to the victim for medical bills, lost wages, or other expenses) All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. I have never had a charge before or after this one incident. He plead guilty. Other than a traffic ticket 45 years ago I have nothing on my record. The 10 year wait period for felonies does not begin until the probation period is completed. 336-379-0539. Had a DWI a few months later while in Drug Court. The conviction was from 1990 when I was 17 years old. The following convictions listed below are not eligible. Assault is a threat or use of force on another that causes that person to have a reasonable apprehension of immediate harmful or offensive contact. The NC Court of Appeals has addressed the issue on more than one occasion. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! Hopefully a lawyer could appear on your behalf, but local procedures vary by county. Will I be eligible for expungement? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. It should be eligible for expunction depending on the conviction date. I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. See if you can get the misdemeanor convictions reopened and dismissed. DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. It was in Northampton County, looking for advice on the matter. to have his record cleared ?? Does it go from when you are charged or how long they drug it out. Learn about North Carolina's criminal statutes of limitations in the table below. Also flee to elude was reduced to disorderly conduct? In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. It should still not be on your public record, but may be visible to law enforcement. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. Just wanted another opinion from another lawyer. Can she get this expunged? See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? What county are these charges from? Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. I could plead improper equipment and get no points on my insurance or license. You should be eligible to move forward on the dismissals now. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. Will I be eligible under the new law? If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. I was 40, and got a a misdemeanor larceny in catawba. they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do?? Multiple convictions from different incidents usually creates a problem. 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. WebN.C.G.S. I am 44 years of age. Do either of these charges bar me from petioning for expungement? There are websites that screen capture mugshots and create a page on the internet with your face enlarged. 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? I was told you would probably need clear evidence of innocence to do that. I was not arrested for this incident . With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. Are all these convictions? 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 For dismissals there should be no wait period. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. I am trying to pull together information and put together a letter for the governor about this issue. Assuming you were charged, the charge will appear on your criminal record. I believe it took a year to process. These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one partys version of events. The punishments of alleged offenders of assault are decided by judges using North Carolinas structured sentencing system. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. Was found guilty but given a true PJC. It was dismissed but still on my record. Would having an attorney be better in the process here? Listed as a crime and tort, thereby resulting in either criminal and/or civil liability. 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. 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. I got convicted of Communicating Threat back in 1999. I am 30 now and have not been convicted of anything else since. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. Therefore, you could be arrested and charged with assault for inciting a bar fight. I was 17 at the time and its really hindering my ability to get a decent job. It may be possible if you were under 18. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. Every few years they expand the eligibility so keep an eye out for future amendments to the law. Would the new law allow me to successfully have the arrest cleared? First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. 4509 Creedmoor Rd., Suite 201 As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. No attorney-client relationship is created in this forum. Domestic Violence Charges and What You Need to Know. It can take up to 12 months to remove a charge from a criminal record in NC. 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. Do I qualify? Do you think these charges would be eligible for expungement? 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. Convictions fees vary from $0 to $175 depending on the statute that applies. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. 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. I found it myself online. 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. Haven't had any charges since. Multiple convictions from different incidents usually create a problem. 2. You should consult an attorney for advice regarding your own individual situation. 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. I havent had any felonies since. I have 2 simple assault cases that where dismissed can I have these expunged? Also, not having a job I was not able to pay my fine and still owe. I have a simple possession of marijuana charge from 2012. 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. 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. 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. Assault with a deadly weapon is another assault charge in North Carolina. Is it possible to have those records sealed because it's keeping me from getting jobs???? Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). Older DWI's can still be considered by the court as a regular aggravating factor. Thank you in advance for your help. However, there are circumstances in which a Raleigh assault lawyer will be able to negotiate with the DA in advance to allow for an expungement at the conclusion of a deferral agreement. Several forms were updated and/or eliminated in April, 2018. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Charges dismissed prior to December 2020 appear on North Carolina criminal records. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. Many I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. 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? It is unbelievable to me that the Felony expungements are only for Class H & I felonies. I was 18 when charged 19 when convicted. I wound up taking a plea bargain for possession. That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. Was charged with a misdemeanor for larceny. This of course is the preferred outcome for a defendant. It was my first time ever in trouble and havent been in trouble since. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Placed on 30 months probation. At this point she needs to contact an attorney in the county of the conviction to discuss her options. 1. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. You may want to contact the SBI in Raleigh and get their opinion on the matter as that is where the application is sent before the Judge makes a decision.Most Judges seem to totally rely on the SBI position in deciding whether or not to sign off on the petition. Can a person get an expungement if they have done what was ask of them from death by car? I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Obtaining property under false pretense. Established in 2009, The Chetson Firm strives to get justice for clients. I've been looking forward to 2025 to get this fully behind me. 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.. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. The wrong DA on the wrong DA could end in disaster. In North Carolina, assault is broad category that encompasses many, many different criminal charges.