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Under 15a-145.2 (a) (1) an affidavit by the petitioner? 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Expunging a Misdemeanor Conviction in NC You should be eligible as long as you have no felony convictions. Are these eligible for expunction? What were the convictions? I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? Yes this just happened on Feb. 25th. I'd like to get my CCW License but can't because of the Communicating Threat conviction. Assaults a child under 12 years old. Welcome; About; Practice Areas. 921 (a) (33) (2022).) Raleigh Law Office (919) 615-2473. 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. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. I completed Community Service. For straight dismissals or after successful completion of the. Am I eligible to get this expunged from my record? All of this took place in Mecklenburg county. It will be up to the prosecution to determine if a plea deal will be offered. In 2001, I was convicted of felony embezzlement. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief. 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. Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket. I have never seen it done with a serious felony, but it is technically possible. If no felony convictions you should be at least eligible to expunge your dismissals. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. What county is this conviction from? John-. 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?) 10/02/1999 Simple Assault North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. This is a Class E felony if there was a serious injury or the intent to kill. You should be eligible to move forward on the dismissals now. It was later reduced to misdemeanor assault on female in 2012. Only lower level Class H and Class I felony convictions are currently eligible under NC law. In No attorney-client relationship is created in this forum. I mean 30 years and being a model citizen with not even a traffic ticket? As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. Thank you for answering questions. I was put on 12 months unsupervised probation. This includes both convictions and dismissals prior ro DEcember 2020. There is no waiting period to expunge a dismissal. You can always try and file now and see if a Judge will sign off on it. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. 3. Misdemeanor convictions wait period reduced from 15 years to 5 years. I have a hit and run misdemeanor on my record. 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. You would need to speak with someone in Wake county as that is where the petition would have to be filed. I was charged with resisting an officer , put on probation for 18 months in 2010. I do not have the answer as to whether it will allow you to obtain a gun permit. That misconception likely has spread based on the laws from another state, but not North Carolina. Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. Often that type of charge can be dismissed with community service or taking a class. My wife didn't press charges and stood with me in court. Clean record since. to have his record cleared ?? Surprise! 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. " Can they really reopen a case and dismiss it? Dismissals are always eligible under the new law. It really depends. Would I still be eligible for expungement despite that worthless check? The 5 year misdemeanor wait time starts to run after probation is completed. will this new law work to get this done now. Only lower level Class H and Class I and convictions are eligible. You would need to have any assault convictions reopened and changed to dismissals. 336-379-0539. I got a speeding ticket for going 17 over. My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . Misdemeanors are punishable by a fine and/or up to 120 days in jail. How to get a simple assault charge dismissed /dropped. Is there absolutely no way to get this expunged? Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. Simple assault is a misdemeanor offense in North Carolina. Of all misdemeanor classifications, a Class A1 is the I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Convictions involving violence for offenders over age 18 are not eligible.under NC law. We fight for the best possible outcome in every case. Both tickets have the same date of disposition (and occurrence). 1. I pulled time in county jail, So I plead guilty at age 17 in 2013. The convictions were in 2003. So with your Witt law pa attorneys do they do help with expungements? I was older than 18 at the time and I know that makes it a little difficult to do so. The answer may vary by state. But all reduced. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. Due to this, there can be confusion on what those charges actually mean. Im 38 yrs old, never in trouble before that or after. I know before it was at east 5 years of waiting. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. Class E felony convictions are simply not eligible. The nastiness continued throughout the process, and I find this inexcusable. What would be the charges? I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Court date is coming up in April. What county was the conviction from? Do I qualify? It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. In 2007 Me an her was charged with a misdemeanor simple assault. I would recommend David and this Law Firm to EVERYONE who is reading this review. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. Can I seal a class D drug trafficking charge that I was convicted of in 1999? a distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. Thanks in advance for your response. He even answered a frantic call 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 the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). Any other steps to make to help with my future and career? If the offense of assault was before the person turned 18 they have an opening under G.S. It was in Northampton County, looking for advice on the matter. Let Dewey P. Brinkley Defend You For Simple Affray. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. But I took a plea for Crime Against Nature. I know that the dv charges are not eligible for expungment. Multiple convictions from different incidents creates a problem. Excellent Customer Service. This can cause issues in terms of employment, school, and financial aid. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. 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? The NC Court of Appeals has addressed the issue on more than one occasion. Convictions involving violence such as assault are not eligible. I received a PJC for misdemeanor domestic violence in NC in 1996. It does not matter if the act was intended as actual threat or just for fun. You would need to have the case reopened. Not-guilty outcomes also have no charge. Thank you very much for your help! Perhaps you could file under 15A-145(a) but it appears at least the DA can object. The contact form sends information by non-encrypted email, which is not secure. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. ; menu. Would I be eligible under the new law and is it five years from conviction date or completion of probation? made the ticket go away. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. I also received an infraction for failing to maintain lane control that was also dismissed. Talk to a local attorney to find out what judges in that county will sign or not sign. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. He wasn't even on the scene, when the police arrived. (3) Would getting this expunged require any in-person court appearances in Orange County? Therefore, you could be arrested and charged with assault for inciting a bar fight. My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. 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. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. What are the steps if I am eligible for an expungement. If you were over 18 when charged you prior attorney is likely correct. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. The punishments of alleged offenders of assault are decided by judges using North Carolinas structured sentencing system. 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. 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