All of this took place in Mecklenburg county. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. 1. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. The 5 year misdemeanor wait time starts to run after probation is completed. Thanks! The information you obtain at this website is not, nor is it intended to be, legal advice. And new. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Every question I asked the arresting officers response was "I do not recall". Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. I was 20 when charged with Felony Possession of marijuana with intent to sell. 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. Will he be eligible to have the charge expunged in North Carolina? You would probably be using N.C.G.S. Would I be eligible to expunge all charges. I believe it could, although I have never encountered that scenario. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history. Thank you for the Q/A opportunity, (3) Would getting this expunged require any in-person court appearances in Orange County? It was like .2 grams. Thanks, I live in Charlotte. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. First time dismissals were eligible even under the old law. Thank you. Don't forget you will also have to pay a $175 filing fee. Get In Touch (704) 247-7110 (704) 247-7110 close. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Assault convictions for those over age 18 on the date of offense are not eligible per statute. The 10 year wait period for felonies does not begin until the probation period is completed. If you can't afford one you can ask for a public defender. Is disorderly conduct expungable after Dec. 1? It took five years for them to finish my case. What makes this charge unique is that if a female assaults a male, she is usually charged with misdemeanor simple assault unless there are serious injuries. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. It was in Northampton County, looking for advice on the matter. 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. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. Welcome; About; Practice Areas. 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. I was 19 years old. Can assault be expunged in NC? What county were they from? As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? Is this eligible for an expungement? Crazy because the assault on a female was dismissed. Thank you. This information does not infer or imply guilt of any actions or activity other than their arrest. I have three posses marijuana charges and two drug paraphernalia charges. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. My attorney at the time was then able to get me a PJC for the misdemeanor. Only lower level felony convictions are eligible. Due to this, a victim of assault will not have the ability to drop the charges. You would need to reach out to someone in Wayne county to determine if that is a realistic option. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Will immigration still find out about them? It can be charged under a number of criminal offenses, such as simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation. The police called him back to the scene and told him the law stated that someone had to be arrested. Only H and I felony convictions are eligible per statute. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. There is no fee to expunge straight dismissals, that did not involve deferred prosecution. North Carolina vs. Floyd, 369 NC 329 (2016). The process includes multiple steps What are my options to get this expunged? I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. I plead guilty in 2002. Sorry this is so long but I look forward to hearing from you soon :-). 1997 was 17 years old . the DA at 1st wanted to meet but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checksthats what my attorney told me the end.. Can me and my friend / wife / co-defendant hire the same lawyer? 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? Would his record be eligible for expungement? I was told you would probably need clear evidence of innocence to do that. What can I do? VD = Voluntary dismissed. I had a larceny case that was dismissed due to a misunderstanding. I am not aware of B&E being automatically considered violent in NC. Thank you in advance! These charges range from felonies to misdemeanors. It was dismissed but still on my record. 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. Are there specific forms you might recommend that I can use to eliminate this from my record? I am 30 now and have not been convicted of anything else since. Getting convictions reopened is not easy and sometimes impossible. I read and hear that expunge cannot happen twice. It was in my car, I stayed in jail for 7 months. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. If convicted, a person could be sentenced to between 4 months and 25 months in prison. You can either file yourself or hire an attorney. This is a change from the prior law. 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 asked for Deferred prosecution but I have no idea if I will still get a fine . which were only 2 months apart. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. I bumped a vehicle there was no damage and took off someone reported it. These types of attacks include Simple Affray. Form 266 may be the only form you need if you meet the requirements. As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. I was 21 at the time of the offense. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it 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?) However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. Only lower level Class H and Class I felony convictions are eligible per statute. I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? 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. They represented me in Court and by midday on the Court date, (a) Any person who commits a simple assault or a simple assault and battery or participates in a They were all misdemeanors. Case from 6 years ago. Your comment will be posted after it is approved. I live in Hawaii now and am trying to get my long gun permit to hunt. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. Also, not having a job I was not able to pay my fine and still owe. ), Any object that can be used as a weapon to kill. Contact an attorney where the charge occurred to confirm all your options. After conviction, this point is moot. The new law has a 5 year wait period assuming you have no other convictions. Is there a chance to expunge just the misdemeanor? I am now 31 and trying to see how I can get this expunged. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Hi Jason. The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. There is no wait period for dismissals or findings of not-guilty. This was my charges Misdemeanors are punishable by a fine and/or up to 120 days in jail. I got a few charges back in January of 2015. No other charges before or since. Common law robbery is a Class G felony. 30 day window for filing expunctions in multiple counties. I paid all of restitution 4,000 before probation. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. 1. Dismissed charges are always eligible if you have never had a prior expunction. You would need to speak with a local attorney to see if anything can be done. Can I get this expunged or dismissal? I was convicted of a class H felony in 2008. Under our states complicated sentencing system, your punishment will depend on a number of mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted. 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? 200 North Pine Street It's been so long ago and I have done many things to prove I am a different person now and have character references. If rejected, where in the process would this most likely occur? can i get a assault on female expunged? If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. Nevertheless, you should always check with a local attorney to fully explore all your options. Thanks in advance for your response. Even if he was charged with 2 counts it seems strange the DA did not agree to dismiss 1 count unless extra charges were also involved. Many Please refrain from revealing your identify or specifics about any actual criminal case. Dismissed with leave in NC means the prosecutor the later revive the charge. In 2001 I made a stupid mistake at 16. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. WebSimple assault is usually a misdemeanor. Here is more detail. And would there be a waiting period and fee to apply for an expungement? The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). It would be prudent to do a internet search of yourself after any expunction is finalized to verify no old arrest pages exist online that were overlooked by the State or that are still cached by Google. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. 06/16/2001 Simple Assault One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. Be aware there is a ~$175 filing fee. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. John-. I was 16 at the time and was denied for a pistol permit last year. A PJC was used for both the. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. Under the new law there are no restrictions for dismissals. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. If yes is there a waiting period? I completed probation an estimated 2 years ago.