Is trafficking by transport able to be expunged? Is there absolutely no way to get this expunged? Paid what i owed for that. Convictions involving violence are generally not eligible. I was arrested but not yet convicted . Case is pending. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or So we actually have a slight chance. Each case is different. Procedure varies by county. I've been looking forward to 2025 to get this fully behind me. We are trying to get 4 charges expunged. Ive gone from Manager to welfare because of this. What can I do? The Assam Rifles - Friends of the Hill People? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. 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. Firearm rights are not in my field of expertise. Kirk, Kirk, Howell, Cutler & Thomas, LLP No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark I was 20 when charged with Felony Possession of marijuana with intent to sell. 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. I was charged with breaking or entering, assault with serious bodily injury in 2011. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. This field is for validation purposes and should be left unchanged. Contact an attorney where the charges originated to see if you have any immediate options. Did you talk to someone about the MAR on the old bad check conviction? Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. I dont want to spend another $1000 to be told no again. You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. WebSimple assault is a misdemeanor offense in North Carolina. 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. 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. She is an indigent and now does not qualify for housing assistance. I really hate I created all this drama . I would suggest speaking with an attorney in that county for assistance. I had a misdemeanor larceny charge in 1998 then another in 2014. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. The police called him back to the scene and told him the law stated that someone had to be arrested. Having a proper legal representative I had 1 year of unsupervised probation. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. I got a Misdemeanor Larceny when I was 28 back 2015 Can it be expunged now and how if so how much will it cost? F. poss if marijuana (56 g) I do not have an answer regarding restoration of gun rights. What county was this from? I lived in Georgia at the time. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. I completed probation an estimated 2 years ago. Clean record since. Do I qualify? There are websites that screen capture mugshots and create a page on the internet with your face enlarged. 3. 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. Is Character Evidence Admissible to Prove Wrongdoing? WebSimple Assault in Raleigh NC. After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. 04/07/2002 Obtain Property by false pretense by writing a worthless check WebSimple assault is usually a misdemeanor. or should I attempt to do it before probation is completed? Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? Also, I have several speeding tickets that were dismssed for improper equipment. If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. what if you had 2 sets of misdemeanor convictions 5 years apart. There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. 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? 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. There is the dwi (bac .06) and and g.s. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). What county is this charge from? Not sure I follow. I am now 43 yrs old. I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. 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. Thank you in advance.. 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. I hired an attorney and paid $1000 for an expunged record.. All I was told was that I didnt qualify which makes no sense considering how old I was the time and how long it has been. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. He served Honorably in the Army for 20 + years. Smith's Criminal Case Compendium Will he be eligible to have the charge expunged in North Carolina? It was a misdemeanor charge close to 10 years ago. Felony convictions wait period reduced from 15 years to 10 years. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. How old was the defendant at the time of the charge? I am a mass. 1. 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. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! I received a PJC for embezzlement 22 years ago. Assault and Battery Felony- lower class You should be eligible to move forward on the dismissals now. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. 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. Simple assault is the least serious assault charge in North Carolina. Any question about the forms their answer is I can not give you legal advice. If you want dismissed charges removed from your record you would have to petition for an expunction. Hi. (1) Am I correct that this is eligible for expunction under G.S. I have a misdemeanor assault charge back in 1999. Deal was plead guilty and no prison time or probation. ; menu. Any likeliness for that to be expunged? 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. I'm 21. I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that. As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. Thank you! How old were you when charged with these charges? All of this took place in Mecklenburg county. 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. We would like to have all of them expunged. That misconception likely has spread based on the laws from another state, but not North Carolina. Misdemeanor Assault Charges in North Carolina - Gilles Law, PLLC AOC form 287 is for dismissed charges only. The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. 06/13/2001 Simple Assault I would like to have this cleaned up any way possible. You should consult an attorney for advice regarding your own individual situation. I also received an infraction for failing to maintain lane control that was also dismissed. How many years ago was the conviction? The 10 year wait period for felonies does not begin until the probation period is completed. If both of these elements were present, it would be a Class C felony. 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. You should reach out to a local attorney to see if you have any options such as reopening the case.