Is embezzling expungable? I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). Thanks for answering questions! Received 5 years probabtion which was ended after one year. Learn about North Carolina's criminal statutes of limitations in the table below. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. at 919-683-9500 or send a message online with your legal questions. Your comment will be posted after it is approved. 03/08/2001 Simple Worthless Checks That misconception likely has spread based on the laws from another state, but not North Carolina. You should be eligible under the new law if the case was dismissed. Simple assault is the least serious assault charge in North Carolina. They were both misdemeanors. 1st assault with a weapon and assault on a female. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. Nothing automatically comes off a record in NC- not even dismissals. I plead guilty to a conspiracy to commit RWDW in. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. The NC SBI is based in Raleigh. Is my case consided dismissed and eligible for an immediate expungement? Its been 22 yrs and ive paid a lot of dues. Had charges misdemeanors non violent over 10 years ago. At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record. You may want to contact the SBI in Raleigh and get their opinion on the matter as that is where the application is sent before the Judge makes a decision.Most Judges seem to totally rely on the SBI position in deciding whether or not to sign off on the petition. Does it go from when you are charged or how long they drug it out. 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 older than 18 at the time and I know that makes it a little difficult to do so. Even misdemeanor convictions involving violence are not eligible per NC statute. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Already have a lawyer that states this charge can be dismissed. It should be eligible for expunction depending on the conviction date. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! If both of these elements were present, it would be a Class C felony. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. I would very much like to discuss having my record expunged. I'm trying to find any information in being able to remove misdemeanors from my record. Recent Booking / Mugshot for STEPHEN DANIEL CORN in 25 years ago in college, I pleaded guilty to a charge and had it expunged. Excellent Customer Service. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. Arrested on Domestic Violence Charges? The Process so do i have a fighr to ge it reopen. I was 25 years old. Class H B&E By January 10, he was dead. DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. What can I do? Thank you in advance.. Will immigration still find out about them? I was charged with misdemeanor larceny in 2017. Is this true? What are the Types of Assault Charges in North Carolina? That being said, the wait period is likely to grow now that more people will be eligible. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. It was reduced to a misdemeanor larceny and a PJC was granted. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. You were eligible to file the moment the charges were dismissed. 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? Can this be expunged? 1. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. An informal deferred prosecution involving maybe community service would probably be the best outcome. Does this mean it is expunged completely? Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. WebSimple assault in North Carolina is a class 2 misdemeanor. 2. The answer may vary by state. You should be eligible on the damage to real property if no other convictions other than traffic violations. Any question about the forms their answer is I can not give you legal advice. 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. I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? The charges were in Rutherford county North Carolina. 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 previoulsy plead guilty. Thank you for the Q/A opportunity, Class H should qualify after a 10 year wait period under the new law. If you were recently arrested for allegedly committing assault or battery in the Raleigh area, you should obtain experienced legal representation from a criminal defense lawyer as soon as possible. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. You should be eligible if that is your only conviction and you meet the time requirement. How long would it take? That is why she had the protective order. After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. My son has a Class I felony crimes against nature conviction. I truly did not understand the severity of what I did at the time or how the consequences would impact my life when I was trying to make it in the adult world. 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. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. , 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. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. Thanks. It took five years for them to finish my case. 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. Hello. Hi. Assuming you were charged, the charge will appear on your criminal record. I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. That should have been eligible years ago even before the new law- did someone advise your otherwise? I was 16 at time of offenses and 17 at time of conviction. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. That was my first time in trouble ever. I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. Assaults an employee or officer of the State when that person is in an official capacity. Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. That being said I only handle cases in Union and Mecklenburg County. 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 am a resident of Tennessee, i was serving in the Marine Corps at the time. The State concedes such at the appellate level in North Carolina vs. Jeremy Wade Dew, No. Regarding this attorney who says you can't expunge a dismissal due to your age- he is dead wrong- and I would recommend hiring a new attorney. Form 266 may be the only form you need if you meet the requirements. I'm 21. What county is this conviction from? A petition must be filed in the County and State where the charge originated. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. You should be eligible on the felony dismissal. How old were you when charged with these charges? Only lower level Class H and Class I and convictions are eligible. It was in Northampton County, looking for advice on the matter. No police were involved and I wasnt arrested because they said I cooperated. I suspect the rationale is DWI convictions should always be considered by the DMV. I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed? The event was 1999 but convicted 4 years later (probably not relevant). would i use form 15.A -14.5? I was charged with simple assault on then boyfriend only out of self defense. I have never seen it done with a serious felony, but it is technically possible. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. Hopefully I never need his services This field is for validation purposes and should be left unchanged. Is there anyway I can get my record expunged? Will either of them cause me to fail a background check for teaching licensure. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Asking for a gal trying to get in nursing school 17 years later. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. I was convicted of a class H felony in 2008. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . ). Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? Child abuse a misdemeanor. Does the defendant have any other convictions? Please refrain from revealing your identify or specifics about any actual criminal case. Absolutely! Remember, ANY criminal conviction will typically have a negative impact on hiring status. When did probation end? My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. A dismissed charge should be eligible. Completed probation. Raleigh, NC 27612 I received probation and a 250 dollar fine. Thank you. I was giving probation and completed and have not been in any trouble prior or since. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? Was originally charged with causing an affray and misdemeanor simple assault. (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. The nastiness continued throughout the process, and I find this inexcusable. Can I get my conviction expunged and legally own a firearm. 14-54(a), 14-54(a1), or 14-56. I filed assault charge on a friend of mine who punched me during an argument . Dewey P. Brinkley is a former Wake County Assistant District Attorney. For felony intent to sell and deliver cocaine.. can it be expunged? While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. What does Assault with a Deadly Weapon mean? I dont want to spend another $1000 to be told no again. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. Only H and I felony convictions are eligible per statute. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. Here is more detail. First time dismissals were eligible even under the old law. Home Criminal Charges Violent Crimes Assault. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. I was put on 12 months unsupervised probation. I already know it will be dismissed . I was searching to find out more about the expungement process when I found your blog.