If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Can I still get the felony expunged? 14-318.2. Common law robbery is a Class G felony. However, if your case results in a conviction, the wait period depends on the charge and your age. 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. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. Can she get this expunged? 2) Not Guilty? All three did. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. points on my Driver License. The statute does not seem to allow expunction of infractions to which you plea responsible. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. Thank you, RJ. An assault on a sports 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. Clark, Brandon James, 35 was arrested on charge of Failure to Appear at 2000-BLK Modern Estates Rd, Lincolnton. and that MAR thing? I have a misdemeanor larceny in 2014 and a couple months later a trespassing. I dont want to spend another $1000 to be told no again. 1. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. I was told I couldn't get it sealed or espunged bc is two convictions is that true? And the woman mentioned was the mother of my child and we were married. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate, The first one was when I took the class I think the other was I had to pay a fine, Would need to know the exact outcome for each case? I also seen their are affidavits along with the 266 form but I don't know where to find those. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. 1) Guilty? Let Dewey P. Brinkley Defend You For Simple Affray. It appears that charge may be possible to expunge, although I have never attempted to do so. Does it go from when you are charged or how long they drug it out. Expunging a Misdemeanor Conviction in NC I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. Will either of them cause me to fail a background check for teaching licensure. Would I still be eligible for expungement despite that worthless check? 15A-145- forms are about to be updated for the law change effective December 1. 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? In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. Does this mean it is expunged completely? SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 I have a misdemeanor charge for disorderly conduct is there any way that i can have that removed from my record it is keeping me from getting a job promotion at work. I haven't been in any trouble before nor after this charge. WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. First charge. 3. Thanks a lot. I never knew it had been dropped to Assault on a female until recently. 1 How Much is Bail For Simple Assault? Assaults an employee or officer of the State when that person is in an official capacity. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. Offence dates were 8/23/2006 and 8/30/2006. Verbal and No touch crime is not considered battery just assault. I am trying to pull together information and put together a letter for the governor about this issue. Assault With a Deadly Weapon. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. Many I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. Assault on first responders police, firefighters, emergency medical technicians, etc. Expunction of records when charges are dismissed or there are findings of not guilty. That being said, it is always worth a try- the worst that can happen is that your request is denied. speeding to elude arrest 4-7-09. Am i eligible for an expungement? I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. Was the time on that petition changed any with the new bill? There was actually no breaking and entering. Speak to someone about reopening and dismissing the worthless check convictions. I was charged with assault with deadly weapon. Dismissals cannot be expunged if you have any felony convictions. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. You would need to speak with someone in Wake county as that is where the petition would have to be filed. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. 285PA20 / 2021-NCSC-124 October 29, 2021). WebSimple assault, simple assault and battery, or a simple affray are charged as Class 2 misdemeanors. Crime against nature under N.C.G.S. I filed assault charge on a friend of mine who punched me during an argument . The long-running James Johnson case in Wilson concluded last week with a PJC (story A PJC is treated just like a conviction for expunction purposes. It will be up to the prosecution to determine if a plea deal will be offered. Whether a pardon, sealing, or expungement of my record? They even i dont have the money to hire an attorney, so im hoping i can do it myself. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. (7a) An offense under G.S. I was convicted for common law robbery (Class G felony). 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. The process typically takes 9-12 months, but varies by county. Don't forget you will also have to pay a $175 filing fee. I had a misdemeanor-injury to personal property dismissed about a year ago. I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. I was 21 whenever I was charged with felony larceny by employee. Was originally charged with causing an affray and misdemeanor simple assault. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, The expunction process due to the backlog generally takes 9-12 months to finalize. The attorney states he is very confident this case will be dismissed. 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. Booking Number: 44296. Were they both convictions? I was charged with felony assault by strangulation in 2010. What constitutes simple assault is defined under common law. You will be under the new law, which just happens to go into effect tomorrow. A primary goal of, On June 25, 2020 Governor Cooper signed State Bill 562, or the , A petition must be filed in the County Courthouse where the charge originated. It's my understanding I have to wait 10 years after probation ended. DUI convictions are simply not eligible per statute. My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. 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. The wait period refers to the wait period to file for expungement. 1st assault with a weapon and assault on a female. You would need to get that PJC turned into a dismissal. not sure what it means and my name does not show up when I search on offender search. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Will I be eligible for expungement? I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. You probably want to wait until all cases are dismissed so you only have to file one time. I was over 21 y/o when the incident occurred. Thanks again! I have two different charges misdemeanor larceny and employment benefit fraud. Misdemeanors are punishable by a fine and/or up to 120 days in jail. Can I get this expunged off my record. ), Assault on a child under age 12 (assault is committed by an adult), Assault on a government official while the official is discharging his duties, Assault on a school employee or volunteer while the employee or volunteer is discharging her duties, Assault inflicting serious injury (but not serious bodily injury). In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! I was charged for misdemeanor speeding, but later reduced to an infraction in the court. Dismissals are free to file. In the time since now, a law has changed making my b&e unable to be expunged. again but if I am in a similar predicament I would most definitely hire David again. Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. Must have only been possession with intent to sell and deliver. Try contacting an attorney in Guildford county to see when you are eligible to file. The charge was in Alexander county if that makes a difference. Already have a lawyer that states this charge can be dismissed. Are all these convictions? 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. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction.