I was thinking it would be the 266 form since I was 20 at the time back in 2011. Other Distinct Interruptions may include a change in location, an interruption resulting in a change in the attack momentum, or some other clear break that delineates the end of the first assault and the beginning of a second or other additional assault. I have not been arrested since the 1995 misdemeanor conviction. Not sure I follow. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. I want to go to nursing school and I be read many things that say some will take you and some will not. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. 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. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. Verbal and written threats will contribute to the charge. Now he is applying for jobs and has a clean record since but the charge is hindering his search . I was 16 at time of offenses and 17 at time of conviction. 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. 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. 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!?! Convictions involving violence are simply not eligible per statute. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). Also is careless and reckless (dismissed) expungable? Once the charge is dismissed you can immediately file for an expunction. 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. Wendell, NC 27591 You would need to speak with a local attorney to see if anything can be done. I'm guessing this would be easily expunged? How to get a simple assault charge dismissed /dropped. Say if no one from the store comes to court? 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. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. Still 21 at the time. The new law has a 5 year wait period assuming you have no other convictions. I have never seen it done with a serious felony, but it is technically possible. The statute (see below) speaks to misdemeanors and felonies only. Any of these options will take many months and unfortunately, will cost money. I was convicted in 2001 or 2002. Surprise! If I had a Felony Conspiracy to common law robbery(class h) from 2009. I had no lawyer because I was unaware of the affect that the charge would have on my record! That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Although this crime can be committed in a domestic situation, this is not always the case. And how do,you get the initial judges signature to start process ? You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. Do I qualify? Violent felony convictions are typically never eligible for expungement. Can I get these charges expunged, and what form do I use to expunge these charges? Had 5 years probation. one for B and E And one for possession of stolen goods be expunged? No jobs are wanting to give me a chance at all. Thanks! However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. 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. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? 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. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. It seems so unfair that this can't be forgiven with an expungement. Were they two separate convictions from different incidents? You should be able to proceed immediately with your dismissed charges in Durham County. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and 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. At least, before, I was eligible for expungement 15 years of probation. What county is this charge from? 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. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? After an expungement are u eligible to get firearm rights restored? He even answered a frantic call I was convicted of class H felony larceny in 2006, with a prior misdemeanor larceny as well as a few prior simple possession charges, would I still be eligible for expunction? The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. then between 2000 and 2002 had some misdemeanor worthless checks. The problem with this being on anyone's records is that it affects employment opportunities among other issues. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. It was back in 1995 in Harnett County. One. A petition must be filed in the County and State where the charge originated. Is it possible to get a expungement? I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. A PJC was used for both the. How many years ago was the conviction? Can you tell me if she gets the deferred prosecution is there a waiting period? 1997 was 17 years old . Did you not have a lawyer originally on this case? I was 21 whenever I was charged with felony larceny by employee. Consent the victim approved of the action prior to the act. You should be eligible to move forward on the dismissals now. What county was this from? Raleigh Law Office (919) 615-2473. I have nothing else on my record. How long would it take? gave me the fees straight out on the letter including court costs. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. We provide a free consultation for OBX criminal charges. Yes, pending charges do appear on North Carolina criminal records. Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). Ive done nothing but improve my life since. ). Can i get this expunged because it was dismissed but it still shows up. Does a federal charge effect trying to get a state charge expunged? Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. 2. 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. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. You will be eligible under the new law which goes into effect December 1, 2017. I've since had a DWI charge that was dropped. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. I have a misdeamnor larceny from 2008. Not sure what no longer had jurisdiction over you because probation had expired means. Any special form for it? 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. Hello Thank you, RJ. F. poss if marijuana (56 g) Fees vary based on the outcome of the case. Is there any chance to get this expunged. What can I do? Can assault be expunged in NC? This is a change from the prior law. I have 2 charges. Booking Date: 3/3/2023. In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. Were the convictions from the same incident? Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. I sent comment previously please ignore that. So we actually have a slight chance. If your civil rights are restored can a person legally apply for a concealed weapon permit? Also, I think I should note that these charges stem from two arrest, not four separate arrest. Also flee to elude was reduced to disorderly conduct? The NCSC writes in North Carolina v. Dew (2021): The question of how to delineate between assaults to know where one assaultendsand another begins in order to determine whether the State may charge a defendant with multiple assaults is an issue of first impression in our court. i was in my early 20's at the time. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. After i completed that, i was eligible for an expungement. I completed Community Service. Speak to someone about reopening and dismissing the worthless check convictions. It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. I was convicted in 1997 of felony death by motor vehicle.I was 17. Therefore I the Class G conviction will likely disqualify you from any expunction. Will immigration still find out about them? Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. You should be eligible under the new law if the case was dismissed. Hes handed several matters for What can I do? Charges i paid court cost and that was it. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . Class F is considered a serious felony and convictions are not eligible for expunction. I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? I would recommend contacting an attorney in Iredell now to line things up. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. Your blog is giving a lot of people some great information. Charlotte Criminal Defense and DWI Lawyer. Many forms also come with instructions. Possession and maintaining a dwelling. These are H & I felonies. You should be eligible 2 years after your sentence was completed assuming that is your only conviction. This happen in Harnett County. No other convictions since. Did you not have a lawyer- that type of charge can often be dismissed via community service. This is a Class E felony if there was a serious injury or the intent to kill. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. Thank you! Coolidge delivered on all that he promised and more. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? 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. David Coolidge is a wonderful attorney! The clerks of courts told me I can pay the filing fee to have this the PJC expunged. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. 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. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. 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. You will need to reach out to an attorney in that county for more guidance. We are honest, aggressive and compassionate. I would recommend David and this Law Firm to EVERYONE who is reading this review. 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. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. What county is this charge from? It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. What do I need to do get this expunged? Do I have ANY chance for expungement? WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. I was 18 when charged 19 when convicted. How can I determine class? What are my expungement options? I forgot to ask.. for the current misdemeanor charges.. First, are you seeking employment from a job that requires extensive background checks? 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. Hi. 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. Multiple convictions from different incidents is also an issue. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). I know before it was at east 5 years of waiting. What would be your fee to expunge ? Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. 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 ? 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. 1. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? I am so very concerned about this reflecting on my background check and having issues in the future. Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. The long-running James Johnson case in Wilson concluded last week with a PJC (story 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.