At age 17 I was convicted of felony B&E&L. So what's this new law is there a way got a person with a violent crime that has served his time will he be able to get his record expunged I hear a lot of talk about people getting their records expunged but it also talks about non-violent crimes. 1. Both charges will certainly appear on your record. Thanks for answering questions! 08/31/1999 Simple Assault I'm trying to find any information in being able to remove misdemeanors from my record. I received probation and a 250 dollar fine. North Carolina Criminal Statute of Limitations Laws DWI convictions have never been eligible for expunction. Only lower level Class H and Class I convictions are eligible. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. This is also my very first offense. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. Is that possible with 1 count of trafficking cocaine? F Maint/Dwell/plce/vhec Will this automatically come off my record or will I have to get this expunged? That's what my lawyer told me. Thank you. Well its been 12 years and if I can't get a expungement. my husband got a felony lerceny charge in 2008 and done his time and has not got into trouble since but he cant get any good jobs because of this. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. Is trafficking by transport able to be expunged? I never knew it had been dropped to Assault on a female until recently. I had a misdemeanor larceny charge in 1998 then another in 2014. F. poss if marijuana (56 g) Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. Dismissals cannot be expunged if you have any felony convictions. Domestic Violence Charges and What You Need to Know. 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 also speak to the clerks at the courthouse about local procedure. 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. All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. CriminalDefenseLawyer.com Assault and battery are serious crimes, and if you have been charged with either one, it is important to seek legal help as soon as possible. No longer in NC and have no plans to ever return. I was charged with dui in 2004 and possession of marijuana in 2012. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? What are you looking to remove from your record? I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. What county were they from? The criminal defense lawyers at Gilles Law can provide you with insight into your charges. North Carolina Misdemeanor Assault and Battery Charges I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. or should I attempt to do it before probation is completed? The answer is maybe. Thanks for taking time out of your day to help citizens like us. Are all these convictions? This includes both convictions and dismissals prior ro DEcember 2020. See the language from the AOC form below: points on my Driver License. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. Were they two separate convictions from different incidents? The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. Multiple convictions from different incidents usually creates a problem. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. Not-guilty outcomes also have no charge. If so, then I can get multiple expungements after Dec, right? 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 did have a attorney, buncombe county. What is Simple Assault? (Definition, Examples, & Penalties) 1. It may be possible to go back and re-open the case to get a better outcome. 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. What county is this charge from? Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. You would need to speak to a local attorney to see if you have any other options. Verbal and written threats will contribute to the charge. Class H should qualify after a 10 year wait period under the new law. We provide a free consultation for OBX criminal charges. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. 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. I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. You should be eligible on the damage to real property if no other convictions other than traffic violations. the probation was terminated Sealing a criminal record is not something I have seen in NC. During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. Can I get my conviction expunged and legally own a firearm. I have a hit and run misdemeanor on my record. 2003 and received 3 yrs probation. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? Recent Booking / Mugshot for STEPHEN DANIEL CORN in No police were involved and I wasnt arrested because they said I cooperated. North Carolina Arrested on Domestic Violence Charges? The Process Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. What website do I go to that will have the correct expunction petition/forms?? NCSBI - Expungements 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. Any of these options will take many months and unfortunately, will cost money. 24 years ago . Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. His passion for his work and in helping others shines. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. I know that the dv charges are not eligible for expungment. Is it possible that I can get this expunged. You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. If you have been convicted Reach out to an attorney or the Courthouse in that county to find out local procedure. 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. Both charges were dismissed. I was 17 years old. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. The convictions were in 2003. 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. In North Carolina, simple assault is a misdemeanor. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? What can I do? When I was 16, which was 2012, I committed a numerous amount of charges. it has been at least 7 years since the charge. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. What makes this charge unique is that if a female assaults a male, she is usually charged with misdemeanor simple assault unless there are serious injuries. Is it possible to get this expunged? At least, before, I was eligible for expungement 15 years of probation. 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. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. Can i get the Class I PWIS conviction expunged? With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal.
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