Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA. Will either of them cause me to fail a background check for teaching licensure. Multiple felony convictions in different years are usually a problem. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. Blacks Law Dictionary also refers to an assault as, popularly, any attack.. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Convictions for assault are not eligible if they occurred after age 18. Thanks. I have 2 misdemeanor marijuana convictions. It may be possible if you were under 18. Any dismissed case is eligible for expunction assuming you have no felony convictions. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). Also, 16 years ago I was convicted of a Class G felony for drugs. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. one for B and E And one for possession of stolen goods be expunged? It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. Domestic Simple Assault in North Carolina. Would I be eligible under the new law and is it five years from conviction date or completion of probation? I bumped a vehicle there was no damage and took off someone reported it. Felon class H I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. I was told I couldn't get it sealed or espunged bc is two convictions is that true? KAELIE CATHY KENNEDY Arrest Record - Jail Records Thank you for any information you can give me. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. I was given a court appointed lawyer on the first court date. Asked him about and expungement, he stated I wasnt eligible because of my age. All charges (even dismissed charges) remain on your criminal record until expunged. Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. What county was this from? If it matters I was well over 21 at the time of both arrests. It took place in Lee county, NC. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. 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 want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. 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. What can I do? WebSimple assault, simple assault and battery, or a simple affray are charged as Class 2 misdemeanors. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Iredell county- NC I had a breaking and entering and grand larceny charge in 2012. Are all these convictions? 200 North Pine Street I have nothing else on my record. 15A-145- forms are about to be updated for the law change effective December 1. My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). 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. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. Thank you! Were you originally charged with a felony and it was reduced to a misdemeanor? 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. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. 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. Thanks in advance for your response. He is intelligent, kind and completely nonjudgmental. Multiple convictions from different incidents usually creates a problem. 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. This stems from an argument where the neighbors call because they were arguing. Only non-violent Class H and Class I felony convictions are eligible. WebUnder North Carolina law, these crimes are defined as: Assault. Charges never automatically drop off your record. 2. Multiple convictions from different years is a problem. It did not affect any employment. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. I pled guilty on1/03/2008 to the following: I really felt, and still do, that he really cared about helping me. Thanks! 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. Is there anyway I can get my record expunged? In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Had a DWI a few months later while in Drug Court. It should be eligible for expunction depending on the conviction date. The wait period refers to the wait period to file for expungement. Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? This was in 2006in Cumberland County. Does it go from when you are charged or how long they drug it out. Official court records say dismissed without leave but there is still a notation of conviction. Only lower level felony convictions are eligible. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. I was convicted in 2001 or 2002. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. No other convictions since. Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. My mother got a felony for arson when I was nine years old (29 years ago). Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? Is trafficking by transport able to be expunged? I wound up taking a plea bargain for possession. I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? Once the charge is dismissed you can immediately file for an expunction. That misconception likely has spread based on the laws from another state, but not North Carolina. Can I get it expunged and what AOC would I need? 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? I was able to get the arrest expunged in 2012. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. Assault is a violent offense under NC law. Multiple convictions from different incidents is a problem. I live in Hawaii now and am trying to get my long gun permit to hunt. Never heard of someone being charged with two paraphernalia charges from the same incident. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? I was 25 years old, i was sentenced to 12 months supervised probation. If the charge resulted in a conviction the wait period depends on the age and charge. It was my first time ever in trouble and havent been in trouble since. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. Thank you so much! Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. That is why she had the protective order. 1. I would recommend contacting an attorney in Iredell now to line things up. This includes pending charges, dismissals, PJCs, and convictions. He served Honorably in the Army for 20 + years. Is this something that is eligible for expungment? At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record. Thanks again! I would talk to a new attorney in the county. 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. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. The process includes multiple steps RESTORATION OF FIREARM RIGHTS. I haven't been in any trouble before nor after this charge. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. In the time since now, a law has changed making my b&e unable to be expunged. Ultimate rejection occurs when the Judge refuses to sign off on the Order. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. Of all misdemeanor classifications, a Class A1 is the most serious. License. Charged with Assault in North Carolina? What You Need to Know The law reads like nothing can be done for a class F felony (A through G are considered "violent"). North Carolina Criminal Statute of Limitations Laws Multiple felony convictions from different incidents usually make you ineligible for any expunction. Serious Injury an injury that potentially requires medical attention. Do I have to wait until 2022 or anything else be done? I was even able to reach will this new law work to get this done now. Can I get the resisting arrest expunged now? Three charges were consolidated to one for sentencing. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. I was older than 18 at the time and I know that makes it a little difficult to do so. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. One. They represented me and I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. Recent Booking / Mugshot for Robert Gee Stalcup in Cherokee 06/13/2001 Simple Assault It was a class H felony at the time. Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. Would that be a correct assessment? It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. I was told that my charge would never be seen again after it go in the system?? Saw that sections have been repealed.. Is there any possibility he could get this expunged? Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. On television, we often hear police and lawyers use words like assault and battery interchangeably. Can I get this expunged or dismissal? Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still dont have a clue about. how long will it take to expunge? I was told that all my charges would be dismissed after completing probation and paying my fines. Wesley Keith Hudson, 43 was arrested on charge of Failure to 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. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. That is a rather risky venture to undertake without an attorney. I've got my GED, I have 2 years of Community College, but I did in 2016 get a Posses Schedule 1 charge and am on probation for it currently. When can a person be charged with this type of crime? The charge was in Alexander county if that makes a difference. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. What and how is the best and fastest way to get this removed? several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? What are you looking to remove from your record? It should still not be on your public record, but may be visible to law enforcement. We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. 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. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. No idea what they were. Thank you. 2016 I got a misdemeanor Larceny that got dismissed. Was put on 12 months probation. He will listen to you and is so very supportive. If your civil rights are restored can a person legally apply for a concealed weapon permit? He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. The fact that you were charged is never wiped clean absent an expunction. North Carolina 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. 2017 I got a misdemeanor Larceny. Now today (October 6, 2022) am I eligible for expungement. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. Would I be able to get the dismissals removed from my record? They were both misdemeanors. So when should I be able to get all expungement. I mean 30 years and being a model citizen with not even a traffic ticket?

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