Pleaded guilty to Breaking and Entering when I was 19 in 2000. I have no inside information when new forms will be released. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. There is no fee to expunge straight dismissals, that did not involve deferred prosecution. All charges were dismissed. Do you have any other convictions besides driving offenses? The process typically takes 9-12 months, but varies by county. So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. Thanks, 2 class A misdemeanors, 1 violent from same incident. or should I attempt to do it before probation is completed? What class level was the conviction? What county are these charges from? Speak to someone about reopening and dismissing the worthless check convictions. What county are these charges from? No other charges before or since. So a dismissed domestic violence charge is not eligible? Or is there any other options where it could be dismissed? 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. For a first time offender charged with a minor offense deferred prosecution is usually always an option. WebSimple assault, simple assault and battery, or a simple affray are charged as Class 2 misdemeanors. If you were recently arrested for allegedly committing assault or battery in the Raleigh area, you should obtain experienced legal representation from a criminal defense lawyer as soon as possible. How old was the defendant at the time of the charge? Case not dismissed, pled "no contest". Would I be able to get the dismissals removed from my record? WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. The contact form sends information by non-encrypted email, which is not secure. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. 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? Do I qualify? Dismissals are always eligible under the new law. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. The following convictions listed below are not eligible. It should be eligible for expunction depending on the conviction date. I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? If the worthless check resulted in a conviction that likely is a problem. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. Does this mean it is expunged completely? Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. It was in Northampton County, looking for advice on the matter. Regardless if you are facing misdemeanor or felony charges, you are looking at serious penalties. It can be difficult to determine whether there is a distinct interruption between alleged assaults. He even answered a frantic call That being said, the wait period is likely to grow now that more people will be eligible. Under the new law can have these expunged? My case will be dismissed on Monday after completing community service. not sure what it means and my name does not show up when I search on offender search. What county was the conviction from? A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. What county is this charge from? What county was this from? Expunging a Misdemeanor Conviction in NC 1) Guilty? It was a misdemeanor charge close to 10 years ago. The victim is a member of a schools staff, Sexual assault with a weapon threatening use of a weapon during the assault, Aggravated sexual assault results when the victim is seriously injured during sexual assault, Assault and Battery physical injury of another person, Assault on a Female committed by a male 18 years or older, Public Fighting this charge stems from the result of causing bystanders to become fearful of their safety, Blunt weapons (baseball bats, hammers, pipes, etc. Felony convictions wait period reduced from 15 years to 10 years. The statute (see below) speaks to misdemeanors and felonies only. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Have not yet went to court.. but attorney is very confident he can get charge dismissed. I am now disabled, and can't travel to appear there in court. Take a look at Form AOC-CR-281. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. I would definitely use a local attorney rather than attempt anything on your own. He's very thorough and efficient. My felony conviction date will reach its 10 year mark on 4/20/19. You should also speak to the clerks at the courthouse about local procedure. Attorney fess vary greatly by county for most things. Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. Assault and Battery Charges. My husband had a conspiracy to commit assault. Do I qualify? Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. That being said, you could always list the extra charge and see if a Judge will sign off on it. Not sure what no longer had jurisdiction over you because probation had expired means. How old were you when charged? Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? Convictions involving violence that occur after 18 are not eligible. Hopefully a lawyer could appear on your behalf, but local procedures vary by county. The event was 1999 but convicted 4 years later (probably not relevant). 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. Thank you in advance for your response. You should be eligible 2 years after your sentence was completed assuming that is your only conviction. That is why she had the protective order. When I was 16, which was 2012, I committed a numerous amount of charges. Thank you very much for the information! I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Does this mean to get it expunged? Got a misdemeanor Larceny when I was 16. Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. The clerks can't give you legal advice- what county is this from? 336-379-0539. I was charged with misdemeanor larceny in 2017. Yes, pending charges do appear on North Carolina criminal records. Are you applying for a job prior to conviction? There is no AOC form for the affidavit- you will have to create your own or use an attorney. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. Saw that sections have been repealed.. Is there any possibility he could get this expunged? Would the new law allow me to successfully have the arrest cleared? A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. First charge. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. and that MAR thing? If that is your only conviction you should be eligible now. What county are these charges from? It was like .2 grams. I was 20 when charged with Felony Possession of marijuana with intent to sell. 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. I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G .I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G. Class G felony convictions are simply not eligible per NC statute. Once signed your local county may immediately destroy the file held at the Courthouse. What form do I use to start the process? Although the violence may not result in serious injury, it must be intentional and done without legal justification. Reach out to an attorney or the Courthouse in that county to find out local procedure. DWI convictions have never been eligible for expunction. Threatening behavior that places If you were able to do that then you could probably get everything expunged. What county is this charge from? Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. No idea what they were. Every few years they expand the eligibility so keep an eye out for future amendments to the law. 3. What is a Criminal Summons in North Carolina? If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. i have a hit&run conviction 22yrs ago. It is a Class 2 misdemeanor. I have a house in my name but she lives there. Thanks! You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. 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. That's what my lawyer told me. Assault charges takes many forms in North Carolina. Prosecutors do not have to prove someone was harmed to convict you of simple assault. No other convictions except DWI in 2015 Also can I get all these removed all at once?). Class I Larceny This offense has both misdemeanor and felony versions. In North Carolina, assault is broad category that encompasses many, many different criminal charges. 4. You would need to have any assault convictions reopened and changed to dismissals. I havent had any felonies since. I live in Hawaii now and am trying to get my long gun permit to hunt. they need job to take care of family. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. I know before it was at east 5 years of waiting. one for B and E And one for possession of stolen goods be expunged? 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. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. why do they make it difficult. Only misdemeanors and felonies are eligible is my understanding. See:North Carolina v. Brooks, 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. I always recommend having an attorney when negotiating with the DA. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. I was charged with Statutory rape when I was 19 and it got dismissed. Am I eligible for an expungement? All three did. There is the dwi (bac .06) and and g.s. Thanks. speeding to elude arrest 4-7-09. Official court records say dismissed without leave but there is still a notation of conviction. by Gilles Law | Nov 16, 2017 | Blog Posts, NC Criminal Defense. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. Thanks again! . Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. 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. Ive done nothing but improve my life since. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). What and how is the best and fastest way to get this removed? Well its been 12 years and if I can't get a expungement. Evidence of distinct, multiple injuries and nothing more does not serve as sufficient evidence of an interruption, to the level of a distinct interruption allowing for the accused to be charged with more than one count of assault. The conviction was from 1990 when I was 17 years old. Simple assault is a Class 2 misdemeanor. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. I should be off probation in 2019. How are they "Verified"? Possess schedule II (principal) I was told that all my charges would be dismissed after completing probation and paying my fines. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. I hired him twice for two different cases that I had But is this reduced charge considered as a dismissal? You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. I have a hit and run misdemeanor on my record. Am i eligible for an expungement? I am not sure I follow. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. I have printed my petition for expungment as from what I have read I qualify to try for it. 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? If it was a felony conviction- what class? Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. i dont have the money to hire an attorney, so im hoping i can do it myself. In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. Clean record since. In the time since now, a law has changed making my b&e unable to be expunged. I completed probation an estimated 2 years ago. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. I just want my hunting privileges back. If yes, should I begin the process now with an attorney or wait until after December 1. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Yes. 03/12/2001 Carrying Concealed Weapon Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Booking Number: SCD38MW03012023 Booking Date: 3/1/2023 Age: 38 Gender: M Race: WHITE Height: 6' 00" Weight: 170 Views: 1 Charges: Charge Code: 14-33 (A)|1368|2 Charge Description: SIMPLE ASSAULT Bond Amount: $1,000.00 You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. Im 38 yrs old, never in trouble before that or after. I found it myself online. I recieved a petiton/order of expungement in the mail. 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. Credit card fraud.. That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options. The convictions were in 2003. What constitutes a Distinct Interruption? Every one of the charges ended in a voluntary dismissal. 3. How can people defend themselves against these charges. 1. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility. Would I still be eligible for expungement despite that worthless check? Simple assault is the least serious assault charge in North Carolina. Dismissals are free to file. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. Did all three charges result in convictions? Form AOC-CR-287 is typically used for dismissals. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. InNorth Carolina v. Littlejohn, 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. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. 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. This was the first time I had ever been in trouble so I pleaded guilty. 30 day window for filing expunctions in multiple counties. That was my first time in trouble ever. I was charged with breaking or entering, assault with serious bodily injury in 2011. 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. ), Assault on a child under age 12 (assault is committed by an adult), Assault on a government official while the official is discharging his duties, Assault on a school employee or volunteer while the employee or volunteer is discharging her duties, Assault inflicting serious injury (but not serious bodily injury). This is exactly what I thought to not pay anything. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. That got expunged. STEPHEN DANIEL CORN was booked in Buncombe County, North Carolina for SIMPLE ASSAULT. 03/08/2001 Simple Worthless Checks It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. Thank you. Basically, the type of job you are seeking, in addition to your overall qualifications, the employer hiring requirements, and your competition for the job are contributing factors to your employment success. It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. The Assam Rifles - Friends of the Hill People? I was 19 at the time. I was in high school, under 18..what are my options ? 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. Hello. Coolidge delivered on all that he promised and more. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. I have heard that now any B&E is considered violent. 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. What do I need to do get this expunged? You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. Do these charges affect my ability to get any of my charges expunged? Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. Iredell county- NC How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses Officially, even if the charge is dismissed as part of a deferral program, the charge cannot be expunged. I checked my record and believe the pjc had conditions that Im sure have been met by now. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. Commit assault on a family member, though, and its a whole different matter. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark He is intelligent, kind and completely nonjudgmental. It was a class H felony at the time. Be aware there is a ~$175 filing fee. I received a flee to elude felony class H conviction at 18. I have a misdemeanor assault (domestic) from 26 years ago. Assault With a Deadly Weapon. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA. No police were involved and I wasnt arrested because they said I cooperated. Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. DWI's within the prior 7 years are a grossly aggravating factor. Am I eligible to get this expunged from my record? 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.