I have three posses marijuana charges and two drug paraphernalia charges. My wife didn't press charges and stood with me in court. 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. It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. Under 15a-145.2 (a) (2) Verified affidavits by two persons? AOC form 287 is for dismissed charges only. Wendell Law Office (919) 365-6000. I have printed my petition for expungment as from what I have read I qualify to try for it. I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. For repeat offenders, jail time can reach 60 days. Can I get the resisting arrest expunged now? Would I be elegible for expungement of this dismissed charge? 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 plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. Credit card fraud.. You would need to speak to a local attorney to see if you have any other options. You would probably be using N.C.G.S. What county is this from? I am now 31 and trying to see how I can get this expunged. There is no waiting period to expunge a dismissal. Unfortunately, many residents in Charlotte are the victims of domestic violence. But he had been to prison for RWDW. The process includes multiple steps Dismissed charges are always eligible if you have never had a prior expunction. can anything be expunged? Can I also get this expunged under the new law? (7a) An offense under G.S. Reading and researching it states that I am. Thanks again! Class H convictions are eligible under the right conditions. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. 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. This can cause issues in terms of employment, school, and financial aid. Thanks a lot. What is a Criminal Summons in North Carolina? You would need to speak with a local attorney to find out if that is even a viable option. 14-33 Assault on Female. felon on board .. causes no trouble not perfect lolol. My husband had a conspiracy to commit assault. Thank you. Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. The fact that you were charged is never wiped clean absent an expunction. That charge was dismissed as well. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! What can I do? I have heard that now any B&E is considered violent. Having a proper legal representative I had 1 year of unsupervised probation. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. You would need to have any assault convictions reopened and changed to dismissals. or should I attempt to do it before probation is completed? they all have method of disposition descr: waiver-clerk not sure what that means. This stopping me from getting employment. Form 266 may be the only form you need if you meet the requirements. 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. Sorry, but I just don't have an answer for you. Nothing ever just falls off your record in NC due to age. He's very thorough and efficient. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. A dismissed reckless should be eligible if no felony convictions. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. Every one of the charges ended in a voluntary dismissal. points on my Driver License. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. Thank you in advance for your response. Consent the victim approved of the action prior to the act. Hello Sir, The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. I found it myself online. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. 1. Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. In one particularly great scene in the greatest series Deadwood of the prestige television era, Al Swearengen, the saloon, 2022 saw Raleighs worst year in homicides. Any error can lead to a major delay, in an already lengthy process. In 2001 I made a stupid mistake at 16. Multiple felony convictions from different incidents usually make you ineligible for any expunction. Whether a pardon, sealing, or expungement of my record? For felony intent to sell and deliver cocaine.. can it be expunged? Not-guilty outcomes also have no charge. Hi Jason. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. This statement is a, This is a post about hope. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. can he hire a lawyer to take it before a judge or DA. She has never been in any trouble before. Not sure what no longer had jurisdiction over you because probation had expired means. And with my felony am i eligible to get firearm right back? Infractions such as Improper Equipment are simply not eligible. Expunging a Misdemeanor Conviction in NC I plead guilty to a conspiracy to commit RWDW in. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? So we actually have a slight chance. DWI's within the prior 7 years are a grossly aggravating factor. Its not like if there are no witnesses on the first court date teh case gets dismissed- it can be continued many times for the State to subpoena their witnesses to Court. (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. It can take up to 12 months to remove a charge from a criminal record in NC. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. Is this eligible for an expungement? Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Only misdemeanors and felonies are eligible is my understanding. Now I am applying to medical school and think this may prevent me from becoming a doctor. If it has been at least 5 years you should be eligible to proceed now. I was 16 at the time and was denied for a pistol permit last year. What county is this charge from? Reach out to an attorney where the charge occurred. CONVICTED OF FELONY EMBEZZLEMENT 4/2008, WOULD THAT BE ELIGIBLE FOR EXPUNGMENT? Would his record be eligible for expungement? If your charge is dismissed there is no wait period. Convictions involving violence are simply not eligible per statute. I was in my mid-twenties. Kirk Kirk Law. What county is this charge from? Will I be eligible at any point to have the FELONY expunged? There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. Hi. Contact an attorney where the charge occurred to confirm all your options. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Class E felony convictions are simply not eligible. 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. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. A Class A1 misdemeanor assault with a deadly weapon crime is punishable by up to 60 days in jail for a first offense and up to 150 days in jail if the accused has prior convictions. This individual has had no other interactions with the law and completed all probational conditions with no infractions. Hello You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. All those convictions are a problem. WebSimple assault is a misdemeanor offense in North Carolina.