I pled guilty to unauthorized use of a vehicle. Can my felony and misdemeanor be expunged? Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. You would need to speak with a local attorney to find out if that is even a viable option. I was only convicted of the hit/run when there was absolutely NO evidence against me. I previoulsy plead guilty. to have his record cleared ?? Sounds like you are using the wrong AOC form. Would I be eligible under the new rules for expunge? Is this true? Am I eligible to have these expunged? I have a PJC for assault on a female from 1998 which was dropped from a rape charge. 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. Can a person get an expungement if they have done what was ask of them from death by car? gave me the fees straight out on the letter including court costs. Is it possible to get a expungement? Unfortunately, many residents in Charlotte are the victims of domestic violence. I have no inside information when new forms will be released. It has been around 25 years since then. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? Official court records say dismissed without leave but there is still a notation of conviction. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. Firearm rights are not in my field of expertise. The petition must be filed in the county where the charge originated. What county were the charges from? 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. See: , 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. You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. I wound up taking a plea bargain for possession. If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017. I would recommend running a criminal record at that time to verify the charge is removed. That was my first time in trouble ever. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. Can this be expunged since it was not a DWI? 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. How many years ago was the conviction? Three years probation were completed. Once the charge is dismissed you can immediately file for an expunction. Thank you very much! There is the dwi (bac .06) and and g.s. I am not aware of B&E being automatically considered violent in NC. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. I got a certificate of relief. Did you plead guilty to disorderly conduct in 2014? Clean record since. Although this crime can be committed in a domestic situation, this is not always the case. Is Character Evidence Admissible to Prove Wrongdoing? Was put on 12 months probation. I have a felony conviction of posses schedule VI (principal) in 1994. Is there any possibilities to work out something? Domestic Violence Charges and What You Need to Know. I have a misdemeanor assault (domestic) from 26 years ago. That is why she had the protective order. Established in 2009, The Chetson Firm strives to get justice for clients. Can assault be expunged in NC? Form AOC-CR-287 is typically used for dismissals. Charges dismissed prior to December 2020 appear on North Carolina criminal records. A dismissed reckless should be eligible if no felony convictions. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. Will I be able to ever get these expunged? Would she be a candidate for getting it expunged from her record? I also had several charges dismissed. AOC form 287 is for dismissed charges only. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. Case is pending. 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? Would this type of case be eligible for expungement? CLASS F FELONY. The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. It happened 17 years ago. so do i have a fighr to ge it reopen. I was told i didnt have to show up for that. If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. Are these eligible for expunction? I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. 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. If you have been charged with simple assault, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options. It can take up to 12 months to remove a charge from a criminal record in NC. 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. Bottom line is make sure you understand what you are filing before you file anything with the Court. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Also is careless and reckless (dismissed) expungable? Charges i paid court cost and that was it. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. You would need to determine exactly what Class felony of which you were convicted . 921 (a) (33) (2022).) 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. It will be up to the prosecution to determine if a plea deal will be offered. I had a misdemeanor larceny charge in 1998 then another in 2014. Kirk Kirk Law. I was not arrested for this incident . Please refrain from revealing your identify or specifics about any actual criminal case. Yes this just happened on Feb. 25th. Are there any options whatsoever? I was convicted of B.E and B.E. What county is this from? I was convicted of concealment of goods (roughly $8.00) im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. Has the law changed on when you are able to not list felonies on job applications/housing applications? [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. how long will it take to expunge? is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? i was in my early 20's at the time. Class E felony convictions are simply not eligible. Nevertheless, you should always check with a local attorney to fully explore all your options. That being said I would certainly recommend filing to clear your record. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. In North Carolina, assault is broad category that encompasses many, many different criminal charges. State Bureau of Investigation. No attorney-client relationship is created in this forum. Simple assault is a Class 2 misdemeanor. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. Restoration of firearms rights is not in my area of expertise, but take a look at NCGS 14-415.4. North Carolina vs. Floyd, 369 NC 329 (2016). The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. Even misdemeanor convictions involving violence are not eligible per NC statute. Class I Larceny The new law has a 5 year wait period assuming you have no other convictions. I was older than 18 at the time and I know that makes it a little difficult to do so. No other trouble ever. (ie- your misdemeanor assault). 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. Use of this website or submission of an online form does not create an attorney-client relationship. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Could i file for expungement and what forms would i use? And new. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. When can a person be charged with this type of crime? Only lower level Class H and Class I and convictions are eligible. How can I determine class? That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. Reach out to an attorney or the Courthouse in that county to find out local procedure. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. I have heard that now any B&E is considered violent. If so, the answer is yes. Can I still get the felony expunged? If you were under 18 when charged it may be possible. I filed assault charge on a friend of mine who punched me during an argument . Both were at the same time 11/2009. Booking Date: 3/3/2023. Thanks for taking time out of your day to help citizens like us. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Thanks. Simple assault is classified as a Class 2 misdemeanor. Can she get this expunged? I would very much like to discuss having my record expunged. I do not have the answer as to whether it will allow you to obtain a gun permit. Can't remember , but what if I did plead guilty ? The 5 year misdemeanor wait time starts to run after probation is completed. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. 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. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? A defendant is immediately eligible for both dismissals and not-guilty dispositions. Can I get it expunged and what AOC would I need? If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. It was like .2 grams. Would need way more information to answer that question. Upon conviction, a person could be sentenced to 60 days in jail for a first offense and up to 150 days in jail for a second or subsequent conviction. If I have used an expulsion on a non violent offense when I was a minor would I still be able to get charges dismissed without leave to be expunged? Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? I believe it was pjc or 90 96 or a similar program. WebSimple assault in North Carolina is a class 2 misdemeanor. I was told at the time by my lawyer I can get this expunged in 5 years. Felony- lower class can refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. . Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. Assault and Battery Charges. Contact an attorney where the charge occurred to confirm all your options. 15A-145.5? Hopefully a lawyer could appear on your behalf, but local procedures vary by county. 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. I have been sober over 3 years. Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. I would like to have this cleaned up any way possible. 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. 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. As a result, the Supreme Court looks beyond the total number of punches or the repeated nature of physical contact with the alleged victim in determining whether more than one assault has occurred, such that the prosecutor may seek convictions for multiple counts of assault.