Assault convictions for those over age 18 on the date of offense are not eligible per statute. Thank you. The convictions were in 2003. I was charged for misdemeanor speeding, but later reduced to an infraction in the court. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. I have been sober over 3 years. For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. will expunging my non violent felony allow me to buy/own firearms legally again? Is that your only non-driving related conviction of any kind? Class H convictions are eligible under the right conditions. I would argue the DWI should count as a driving offense which is not a disqualifier. If so, you would have to have get some reopened and dismissed. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. There is generally a 5 year wait period if you were over 18 when the offense occurred. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. The first felony would not be eligible due to subsequent convictions. The petition must be filed in the county where the charge originated. they all have method of disposition descr: waiver-clerk not sure what that means. That requires a show of force or menace of violence (overt threat of violence) sufficient to put a victim of reasonable mental firmness in fear of a bodily harm that is imminent or immediately forthcoming. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? Please advice. I had that expunged about 3 years ago. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. 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 He's very thorough and efficient. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. 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. No other charges before or since. or should I attempt to do it before probation is completed? What does having an infraction have to do with removing a felony conviction? You were eligible to file the moment the charges were dismissed. The statute does not seem to allow expunction of infractions to which you plea responsible. Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). Wake County. Hi Jason, I would recommend contacting an attorney in Iredell now to line things up. Class I for felony Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. If found guilty, the defendant will be responsible for court costs and fines. Take a look at Form AOC-CR-281. I'm just venting - realize nothing you can do about it. Am I eligible to get this expunged from my record? Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? Your blog is giving a lot of people some great information. Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history. Can a person get an expungement if they have done what was ask of them from death by car? Can you tell me if she gets the deferred prosecution is there a waiting period? I also seen their are affidavits along with the 266 form but I don't know where to find those. 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. Am i able to reopen that case and get it dismissed in Wayne County NC? At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. Is there any way to use the PTSD diagnosis to expunge this? 25 years ago in college, I pleaded guilty to a charge and had it expunged. RESTORATION OF FIREARM RIGHTS. I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that. I was told i didnt have to show up for that. Therefore, it is critical that you understand the different types of assault, and how engaging in a fight or injuring someone on purpose could affect you the rest of your life. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. What are my expungement options? WebNew Jersey: According to N.J.S.T 2C 12-1, most simple assaults are classified as disorderly person offenses, which are punishable by up to 6 months in jail and $1,000 in 14-33 Assault on Female. There is also no fee to erase a not-guilty verdict. For repeat offenders, jail time can reach 60 days. Due to this, a victim of assault will not have the ability to drop the charges. A large number of our clients have gotten into a heated argument with their spouse and have called the police to help mediate the discussion. Only lower level felony convictions are eligible. Barry Spencer Green was arrested by Lincoln County Sheriffs deputies on May 28, 2022 for driving while impaired, resisting arrest and assault on an officer. Can I get these charges expunged, and what form do I use to expunge these charges? I was charged with simple assault on then boyfriend only out of self defense. Well its been 12 years and if I can't get a expungement. Our attorneys represent clients in the following areas: Our criminal defense attorneys are able to represent you for a variety of charges, including: If you have been charged in an assault related crime, then our Raleigh criminal attorneys are ready to serve you. The new law has a 5 year wait period assuming you have no other convictions. Class F is considered a serious felony and convictions are not eligible for expunction. Thanks! Given the 2 convictions occurred within 2 months of each other..what is process other? thank you. Here is more detail. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. Yes. Were they two separate convictions from different incidents? Unfortunately, many residents in Charlotte are the victims of domestic violence. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). The misdemeanor version of this offense is a Class A1 misdemeanor. I would appreciate any information. Is it possible to get this expunged? What do I need to do get this expunged? Even misdemeanor convictions involving violence are not eligible per NC statute. 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. Also, not having a job I was not able to pay my fine and still owe. They are reflected as pending charges.. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. 02/27/1997 Simply Assault 15A-146. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. 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. Am I eligible to have these expunged? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. This was in 1975. Convictions for assault are not eligible if they occurred after age 18. made the ticket go away. I suspect the rationale is DWI convictions should always be considered by the DMV. Even a simple assault can carry a maximum jail sentence of 30 days. I paid a fine and that was it in 2008 can I get it expunged ?? I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). The law used to be that you could only apply for expunction one time. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. This individual has had no other interactions with the law and completed all probational conditions with no infractions. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? Can I get it expunged and what AOC would I need? Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! Only 9 months had passed when I tried to re-enter the US illegally and was caught at El Paso TX, a court appointed lawyer then told me that I had violated the probationary period and because of that a federal judge sentenced me to 8 months in prison. Mr. Witt, 1st assault with a weapon and assault on a female. Do I have ANY chance for expungement? This stopping me from getting employment. Can't remember , but what if I did plead guilty ? Infractions generally do not qualify per NC statute. Due to this, there can be confusion on what those charges actually mean. Convictions fees vary from $0 to $175 depending on the statute that applies. Is it possible that i reopen the case and fo for a not fuilty plea. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Im sorry Ill try to be more detailed. All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didnt get dismissed like the other two will I still be able to use the 287 form? You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. That case was dismissed due to her perjuring(lieing). I am trying to pull together information and put together a letter for the governor about this issue. I have never seen it done with a serious felony, but it is technically possible. I filed assault charge on a friend of mine who punched me during an argument . Are there any options whatsoever? Thank you. Class A1 misdemeanor convictions are explicitly excluded from the definition of "non-violent" charges and hence are not eligible for expunction for those over age 18 on the date of offense. Under 15a-145.2 (a) (2) Verified affidavits by two persons? 3) Dismissed? Must have only been possession with intent to sell and deliver. 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) Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Thank you. Be aware there is a ~$175 filing fee. The evidence presented by the State must prove or show. That being said, the wait period is likely to grow now that more people will be eligible. I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed? They represented me and When I was 16, which was 2012, I committed a numerous amount of charges. 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. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. Will I be eligible for a expungement after Dec. 1st. I was been told by attorney that if I complete the ALE training program which was 2 hours then the charges will be dismissed and I see on my paperwork it shows VD. 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. I would very much like to discuss having my record expunged. I do not have the answer to that question. I was charged with Statutory rape when I was 19 and it got dismissed. 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. Thanks! which were only 2 months apart. These are H & I felonies. I pled guilty on1/03/2008 to the following: Class H should qualify after a 10 year wait period under the new law. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. Thanks Jason. My charge was in 2005. (ie- your misdemeanor assault). The charge was in Alexander county if that makes a difference. The 2 convictions were was DV Protective Order Violation. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. Is this something that is eligible for expungment? There was actually no breaking and entering. Domestic Violence Charges and What You Need to Know. I never went to court, or was ever was arrested. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. A PJC is treated just like a conviction for expunction purposes. Verbal and written threats will contribute to the charge. Further, the North Carolina General Assembly does not appear to enable a victim to charge someone with multiple counts of simple assault for every punch thrown during a fight. What are you looking to remove from your record? Can I get my conviction expunged and legally own a firearm. 20-158 (d)(1) on a second ticket. After conviction, this point is moot. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Both charges will certainly appear on your record. 1. What county was this from? From the inception of a DWI I had the arresting officer lie on my report. 21 when I was convicted. The answer is it depends. Does the defendant have any other convictions? You would need to speak with a local attorney about having the case reopened and dismissed. Only lower level Class H and I felony convictions are eligible. How long do i have to wait to have it expunged? 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? It seems so unfair that this can't be forgiven with an expungement. DUI convictions are not eligible per NC statute. This hard rule no longer applies, although there are limitations when prior convictions were expunged. I simply do not handle appeals. I was older than 18 at the time and I know that makes it a little difficult to do so. I was charged with resisting an officer , put on probation for 18 months in 2010. Let Dewey P. Brinkley Defend You For Simple Affray. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. -Bridgette. In 2001 I made a stupid mistake at 16. Thank you. Had charges misdemeanors non violent over 10 years ago. When did probation end? I recieved a domestic violence charge against my father at the age of 17. In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). 2 class A misdemeanors, 1 violent from same incident. . Thank you very much for your help! You can always try and file now and see if a Judge will sign off on it. Thank you, RJ. You would be eligible now assuming you have no felony convictions. My husband desperately want to join the military. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record. Class I Larceny Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible.