I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. If it is a Class H or Class I felony then it should be eligible. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. He served Honorably in the Army for 20 + years. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. Regarding this attorney who says you can't expunge a dismissal due to your age- he is dead wrong- and I would recommend hiring a new attorney. Can I seal a class D drug trafficking charge that I was convicted of in 1999? I have one misdemeanor larceny conviction from 2004 after my 18th birthday. The charges were dismissed. I have 2 misdemeanor marijuana convictions. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. Can i get the Class I PWIS conviction expunged? Ultimate rejection occurs when the Judge refuses to sign off on the Order. That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. Even misdemeanor convictions involving violence are not eligible per NC statute. Both charges will certainly appear on your record. Is this something that is eligible for expungment? I should be off probation in 2019. Received 5 years probabtion which was ended after one year. Is it possible that i reopen the case and fo for a not fuilty plea. 04/07/2002 Obtain property by false pretense by writing a worthless check. This means that someone will have to participate in the court process to resolve the case; The process will cost money for programs, fines, and an attorney; The accused will have a pending criminal charge on their background check until the case is resolved; If the case is resolved by plea or diversion program, or a guilty verdict is rendered in a trial, the criminal record is completely non-expungeable. I was put on 12 months unsupervised probation. Why not file for expugement as you never know if that will be a deciding factor? Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. Am i eligible for an expungement? If yes is there a waiting period? If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. 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. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. To. Did his offense involve violence? You can't expunge a charge until it has been handled. Hopefully I never need his services Those are all felonies, I committed at 16. My husband was convicted of disorderly conduct in 2007, charge was in 2006. Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). That being said, if a Judge will sign the order then it will likely be processed in Raleigh. at 919-683-9500 or send a message online with your legal questions. I have nothing else on my record. You would be eligible now assuming you have no felony convictions. Assault is a threat or use of force on another that causes that person to have a reasonable apprehension of immediate harmful or offensive contact. Convictions for assault are not eligible if they occurred after age 18. They were all misdemeanors. Haven't had any charges since. If you were recently arrested for allegedly committing assault or battery in the Raleigh area, you should obtain experienced legal representation from a criminal defense lawyer as soon as possible. Does a second degree kidnapping conviction qualify for expungement? to have his record cleared ?? Assault and Battery Charges. Does this mean it is expunged completely? (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. At least, before, I was eligible for expungement 15 years of probation. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. Are You Eligible for an Expungement in Charlotte? The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. That being said, it is always worth a try- the worst that can happen is that your request is denied. It should be eligible for expunction depending on the conviction date. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. In the case of assault, the charges are brought forth by the State prosecution. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. This field is for validation purposes and should be left unchanged. Both tickets have the same date of disposition (and occurrence). Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal, That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of. Is disorderly conduct expungable after Dec. 1? Can I get that charge expunged? There is also no fee to erase a not-guilty verdict. Is there a chance to expunge just the misdemeanor? By January 10, he was dead. What do you think? The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. 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. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. It shows up on background checks as CLASS H felony. Is this a case of ID fraud or did you actually receive this ticket? Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. Saw that sections have been repealed.. Is there any possibility he could get this expunged? I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. An intervening event may qualify as a Distinct Interruption, such as the opportunity to calm down, thus resulting in a lapse of time. You would need to speak with a local attorney to see if anything can be done. 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. Where do I get the form?. Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. The policy of law enforcement in Wake County is that if the police are called, someone must be charged, even if there was no laying of the hands or any physical contact. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. See:North Carolina v. Brooks, 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. I haven't been in any trouble before nor after this charge. Any dismissed case is eligible for expunction assuming you have no felony convictions. Say if no one from the store comes to court? 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. Does the defendant have any other convictions? 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. Charlotte Criminal Defense and DWI Lawyer. That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. My charge was for simple assault. Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I aint get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor. After conviction, this point is moot. Not sure I follow. I received a PJC for misdemeanor domestic violence in NC in 1996. 2017 I got a misdemeanor Larceny. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. Are you saying you were recently charged and the case is still pending? The term assault applies to a variety of charges, classes, and degrees. If you have been arrested for domestic violence, you need the assistance of an experienced criminal defense attorney to avoid the severe penalties you face if convicted. The conviction was from 1990 when I was 17 years old. If you were able to do that then you could probably get everything expunged. The evidence presented by the State must prove or show. An informal deferred prosecution involving maybe community service would probably be the best outcome. A Class F conviction is not eligible for expunction. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). I am so very concerned about this reflecting on my background check and having issues in the future. Placed on 30 months probation. Check with an attorney where the charge occurred on when you are eligible. Is there any chance to get this expunged. In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. Elements of the Criminal Offense. 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 if you were convicted with one misdemeanor of possession but were charged with 3 counts of misdemeanor possession 2 counts of evading 1 count of misdeanor poss of malt bev and 2 counts of poss of parafanalia, do you think I could get my record expunged? 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. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial.