Do I qualify? I would recommend contacting an attorney in Iredell now to line things up. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. Thank you for your response, Would I be able to get these expunged? I highly recommend them if you Crime against nature under N.C.G.S. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. 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? I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. Not sure what to do. I have 2 charges. Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date. Only lower level Class H and Class I felony convictions are currently eligible under NC law. Case is pending. 285PA20 / 2021-NCSC-124 October 29, 2021). Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. The Law Office of John C. Fitzpatrick handles traffic violations, criminal defense, personal injury matters, power of attorney, and wills in the North Carolina counties of Durham, Harnett, Wake, Orange, Person, Alamance, and Johnston - including the cities of Durham, Chapel Hill, Pittsboro, and Lillington. Were they both convictions? Selected 4th Circuit cases also are included. In 2004 I was found guilty of obtaining property by false pretense. I completed the probation period of 1 year + community service per the court order. The fact that you were charged is never wiped clean absent an expunction. The judge put In my file not a threat to the person I assaulted. Thank you for any information you can give me. eelony charges, just like misdemeanor charges stay on your record in NC. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. Haven't had any charges since. Only non-violent Class H and Class I felony convictions are eligible. You would likely have to get the new conviction re-opened and dismissed first. But is this reduced charge considered as a dismissal? (2007) Will I be able to get that expunged? Guilford This includes pending charges, dismissals, PJCs, and convictions. Are these 2 types of charges that can be dismissed? I was searching to find out more about the expungement process when I found your blog. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. 2. 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. 1) Guilty? The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? If you can't afford one you can ask for a public defender. Even a simple assault can carry a maximum jail sentence of 30 days. His passion for his work and in helping others shines. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Sorry this is so long but I look forward to hearing from you soon :-). I suspect the rationale is DWI convictions should always be considered by the DMV. I was charged for misdemeanor speeding, but later reduced to an infraction in the court. Sounds like you really need an expunction to get this off your record. 2 felonies dismissed in 2013. 15A-146. Here is more detail. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If so, what? Please refrain from revealing your identify or specifics about any actual criminal case. You would need to speak with a local attorney about having the case reopened and dismissed. The conviction was from 1990 when I was 17 years old. A PJC was used for both the. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. Dismissed charges are always eligible if you have never had a prior expunction. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. Take a look at AOC-264. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. I've been looking forward to 2025 to get this fully behind me. Barry Spencer Green was arrested by Lincoln County Sheriffs deputies on May 28, 2022 for driving while impaired, resisting arrest and assault on an officer. The rationale seems odd and incongruent with a 7 year look back period. What county is this charge from? 4509 Creedmoor Rd., Suite 201 Will I be eligible under the new law? Thank you in advance.. I received a PJC for misdemeanor domestic violence in NC in 1996. Your blog is giving a lot of people some great information. I have had a perfect record since then, own a business, etc. Or is there any other options where it could be dismissed? In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. I was over 21 y/o when the incident occurred. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. F Maint/Dwell/plce/vhec The clerks of courts told me I can pay the filing fee to have this the PJC expunged. Simple assault is classified as a Class 2 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 ??? It took place in Lee county, NC. Under this law, an individual who commits an assault, assault and battery, or affray is guilty of a Class A-1 misdemeanor if he is a male over 18 years old and assaults a female, and there is no other law that provides a greater punishment. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. I had a Speeding ticket and they resolved it positively with no A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. Contact an attorney in that county to confirm your options and local procedure. I recieved a domestic violence charge against my father at the age of 17. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. This can cause issues in terms of employment, school, and financial aid. (a) Any person who commits a simple assault or a simple assault and battery or participates in a The NC SBI is based in Raleigh. InNorth Carolina v. Littlejohn, 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. Dismissals are always eligible under the new law. To expunge the larceny by an employee dismissal you can't have any felony convictions. Sounds like you are using the wrong AOC form. He's very thorough and efficient. Assault with a deadly weapon is another assault charge in North Carolina. Thank you very much! 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. That being said, it is always worth a try- the worst that can happen is that your request is denied. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. Let Dewey P. Brinkley Defend You For Simple Affray. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. I received a class I felony for NC tax evasion in 2001 for three years of returns. The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Charges i paid court cost and that was it. That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Is that possible with 1 count of trafficking cocaine? I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. 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. What county is this conviction from? I do well in school and wanna succeed , any chance of that being expunged. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. I highly recommend. That should have been eligible years ago even before the new law- did someone advise your otherwise? Ultimate rejection occurs when the Judge refuses to sign off on the Order. I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Only 1 Faulty Equipment ticket since then. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. You should be eligible if no other convictions besides driving offenses. All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didnt get dismissed like the other two will I still be able to use the 287 form? In North Carolina, a deadly weapon is basically anything that could be used to kill someone. We provide a free consultation for OBX criminal charges. Yes, even dropped charges will appear on a North Carolina criminal record check. To take the 90-96 I had to plea guilty. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. Thanks again! 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At the time of incident, my husband completed all if his probation successfully and completed an anger management program that was suggested by his court appointed attorney at the time, but was not mandated.

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