You will be under the new law, which just happens to go into effect tomorrow. This means that someone will have to participate in the court process to resolve the case; The process will cost money for programs, fines, and an attorney; The accused will have a pending criminal charge on their background check until the case is resolved; If the case is resolved by plea or diversion program, or a guilty verdict is rendered in a trial, the criminal record is completely non-expungeable. Consent the victim approved of the action prior to the act. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. Assaults an employee or officer of the State when that person is in an official capacity. Often that type of charge can be dismissed with community service or taking a class. It's my understanding I have to wait 10 years after probation ended. 2) Not Guilty? If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. Three charges were consolidated to one for sentencing. I was 18 when charged 19 when convicted. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. 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? They offer to take down the page for a modest fee, but most of these sites do have disclaimers the fee is waived if you provide a certified expungement order. felon on board .. causes no trouble not perfect lolol. A lawyer handled it and I had no clue it would show on my record until a recent background check. Any special form for it? You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. I am not sure I follow. Due to having a criminal background I have not been able to find a job in almost 7 years. It may be possible depending on the facts of the case after a 10 year wait period. The event was 1999 but convicted 4 years later (probably not relevant). Hopefully this broken statute is fixed soon to allow for expungement of such an offense! 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. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. Any person who commits a simple assault, or a simple assault and battery, or participates in a simple affray (public fighting) is guilty of a Class 2 misdemeanor. The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. Can I have my record expunged early? can refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. 06/16/2001 Simple Assault Was found guilty but given a true PJC. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. Assault is a violent offense under NC law. See if you can get the misdemeanor convictions reopened and dismissed. You will need to reach out to an attorney in that county for more guidance. How true is this to a non violent felony? I would argue the DWI should count as a driving offense which is not a disqualifier. Are you talking about expunction or a pending charge? Was the time on that petition changed any with the new bill? Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. You would need to speak with a local attorney to see if anything can be done. You will be eligible under the new law which goes into effect December 1, 2017. Only lower level Class H and Class I felony convictions are eligible per NC statute. Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). 1. Help!! VD = Voluntary dismissed. I'm just venting - realize nothing you can do about it. How old were you when charged with these charges? I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. You should be eligible as the driving offense is not a disqualifier. Could it be expunged? 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. There is no wait period for dismissals or findings of not-guilty. 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). There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? Class F is considered a serious felony and convictions are not eligible for expunction. The attorney states he is very confident this case will be dismissed. Simple assault is a Class 2 misdemeanor. The wait period refers to the wait period to file for expungement. Then again they may hold the later felony conviction against you. 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. I've been looking forward to 2025 to get this fully behind me. I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. You would be facing an uphill battle on that one especially if the victim objected. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. I recieved a petiton/order of expungement in the mail. 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. I am now 31 and trying to see how I can get this expunged. If you have been convicted Do I qualify? I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Under 15a-145.2 (a) (2) Verified affidavits by two persons? Talk to an attorney in the county where the convictions originated to sew how best to proceed.. Assault in North Carolina is governed by North Carolina General Statute. 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. 10/02/1999 Communication Threats Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date. 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. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. This includes pending charges, convictions. Charges never automatically drop off a record after a certain number of years. Only lower level Class H and I felony convictions are eligible. When did probation end? I forgot to ask.. for the current misdemeanor charges.. Crime against nature under N.C.G.S. I have 2 simple assault cases that where dismissed can I have these expunged? Home Criminal Charges Violent Crimes Assault. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. What county is this charge from? These may include: It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.. Also the other co defendants got it completely dismissed. 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. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. 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. It was back in 1995 in Harnett County. I was convicted in 2011 of involuntary manslaughter. Do you have any other convictions besides driving offenses? Use of this website or submission of an online form does not create an attorney-client relationship. 15A-146. It was my first time ever in trouble and havent been in trouble since. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. I was told I couldn't get it sealed or espunged bc is two convictions is that true? Class I Larceny I don't see that as legal advice . I hired an attorney who is now disbarred, and I was leaving to marry an ex in California, and I went to two court appearances before the judge would let me leave NC under the requirement that I leave a way to contact me once I got there. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. Did the DA object? Is that a correct assumption? I am not aware of any law change in NC outside of local government jobs. Is this true I can have both of cases expunged now. Is trafficking by transport able to be expunged? It would depend on exactly what traffic offenses. Is this something that is eligible for expungment? The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. I havent had any felonies since. 336-379-0539. 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. Be aware if rejected it could certainly slow down the process. Call us today at 980-272-8438. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. You should be eligible on the damage to real property if no other convictions other than traffic violations. If you were over 18 when charged you prior attorney is likely correct. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? The NC SBI is based in Raleigh. The assault charge was dismissed, I am looking to get that expunged, because it even being on my record is holding me up with that and the, believed, firearms inedibility that's attached. WebN.C.G.S. I had a Speeding ticket and they resolved it positively with no Were the convictions from the same incident? It appears that charge may be possible to expunge, although I have never attempted to do so. On television, we often hear police and lawyers use words like assault and battery interchangeably. I was told i didnt have to show up for that. again but if I am in a similar predicament I would most definitely hire David again. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. That being said, it is always worth a try- the worst that can happen is that your request is denied. 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. 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 crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! Related Article: Felonious Assault In 2001 I made a stupid mistake at 16. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. Bottom line is make sure you understand what you are filing before you file anything with the Court. Only lower level Class H and Class I felony convictions are currently eligible under NC law. Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. I suspect the rationale is DWI convictions should always be considered by the DMV. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. Thanks for your advice, it's appreciated.