My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. I have three posses marijuana charges and two drug paraphernalia charges. I was 25 years old, i was sentenced to 12 months supervised probation. Thank you for replying. Im trying to complete my own forms for expungement. Multiple convictions from different incidents usually creates a problem. Removing multiple convictions will not be so easy. It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. They were both misdemeanors. I am worried one stupid mistake may hurt my job chances? Its not like if there are no witnesses on the first court date teh case gets dismissed- it can be continued many times for the State to subpoena their witnesses to Court. I lived in Georgia at the time. 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? Read the statute for the required language. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina, Current or former intimate partner, which can include dating or living together as a family, A persons childwhether by birth or adoption. 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. These were questions I thought of after I spoke with the lawyer on the phone and I didn't want to call back to ask since he seemed so busy. It is only once. To. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. Contact an attorney where the charges originated to see if you have any immediate options. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. They sent me a letter in the mail explaining that Deal was plead guilty and no prison time or probation. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. ; menu. The charges were dismissed. Can I have my record expunged early? You should be able to proceed immediately with your dismissed charges in Durham County. Can I have that removed? The Council also declared that the Government of Mizoram would continue to offer shelter to refugees from Bangladesh. You would likely be filing statute 145.5 which uses Form AOC-CR-281. This of course is the preferred outcome for a defendant. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? Got a misdemeanor Larceny when I was 16. 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? The punishments of alleged offenders of assault are decided by judges using North Carolinas structured sentencing system. I was told that my charge would never be seen again after it go in the system?? A dismissed reckless should be eligible if no felony convictions. It now has suspended my mass. The expunction process due to the backlog generally takes 9-12 months to finalize. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? Common law robbery is a Class G felony. Pleaded guilty to Breaking and Entering when I was 19 in 2000. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. Convictions involving violence for offenders over age 18 are not eligible.under NC law. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. I mean 30 years and being a model citizen with not even a traffic ticket? I was charged with simple assault on then boyfriend only out of self defense. I dont want to spend another $1000 to be told no again. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. I would recommend speaking with an immigration attorney on this issue. Thanks. Do I qualify? (18 U.S.C. Older DWI's can still be considered by the court as a regular aggravating factor. My wife didn't press charges and stood with me in court. The event was 1999 but convicted 4 years later (probably not relevant). Is that possible with 1 count of trafficking cocaine? In North Carolina, a deadly weapon is basically anything that could be used to kill someone. Can I get an expungement on the larceny? 1. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. Serious Injury an injury that potentially requires medical attention. Does a federal charge effect trying to get a state charge expunged? Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? 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. No other trouble ever. Willing to try anything. Are these 2 types of charges that can be dismissed? It happened 17 years ago. i dont have the money to hire an attorney, so im hoping i can do it myself. 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. Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. At age 17 I was convicted of felony B&E&L. Also is careless and reckless (dismissed) expungable? 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. Not sure what no longer had jurisdiction over you because probation had expired means. . 1. I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. If both of these elements were present, it would be a Class C felony. 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. Am I eligible to have these expunged? Sounds like he needs to speak with a different lawyer in the county where the felony occurred. 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. It was a crime committed before 18 years of age and am currently 24 years old. 1. Just asking for a dismissal may not work. Having this on my background has cost me my job. 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 do well in school and wanna succeed , any chance of that being expunged. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. I was 17 at the time and its really hindering my ability to get a decent job. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. I've briefly spoken with an attorney on the phone (I'm guessing he didn't have time available to meet with us), but he said he would appear on her behalf and go for a deferred prosecution or have it continued depending on the judge that was residing. The solution may be to see if you can go back and convince the DA to re-open and dismiss the worthless check charge. He wasn't even on the scene, when the police arrived. 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. The charges were not filed by him but the officer who I called at that time. I have never seen it done with a serious felony, but it is technically possible. The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. Charges were back in 2018, disposition was 2019. The victim is a member of a schools staff, Sexual assault with a weapon threatening use of a weapon during the assault, Aggravated sexual assault results when the victim is seriously injured during sexual assault, Assault and Battery physical injury of another person, Assault on a Female committed by a male 18 years or older, Public Fighting this charge stems from the result of causing bystanders to become fearful of their safety, Blunt weapons (baseball bats, hammers, pipes, etc. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. Good evening, Our attorneys represent clients in the following areas: Our criminal defense attorneys are able to represent you for a variety of charges, including: If you have been charged in an assault related crime, then our Raleigh criminal attorneys are ready to serve you. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. Can this be removed off my record? Only lower level Class H and Class I felony convictions are eligible per NC statute. Assault on first responders police, firefighters, emergency medical technicians, etc. My understanding is that as long as a Judge will sign it then it will go through. You would need to speak with a local attorney to see if anything can be done. That is why she had the protective order. Thank you in advance! Will I be eligible at any point to have the FELONY expunged? Only lower level Class H and Class I felony convictions are eligible per statute. I have been told that it can not be expunged but i found G.S. Still 21 at the time. Can I get the resisting arrest expunged now? I assume this was a conviction- what county is this charge from? 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. the probation was terminated Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. This happen in Harnett County. 10/02/1999 Communication Threats Only non-violent Class H and Class I felony convictions are eligible. Other Distinct Interruptions may include a change in location, an interruption resulting in a change in the attack momentum, or some other clear break that delineates the end of the first assault and the beginning of a second or other additional assault. Seems like it would be counter productive to keep a college grad from employment for such a thing? Case is pending. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. Prosecutors and law enforcement will have access to records. You should be eligible if that is your only conviction and you meet the time requirement. A petition must be filed in the County and State where the charge originated. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. I'm 21. 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. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. What county is this from? Hopefully a lawyer could appear on your behalf, but local procedures vary by county. 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. 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all.
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