Assault in North Carolina is governed by North Carolina General Statute. They represented me and All those convictions are a problem. There is no wait period for dismissals or findings of not-guilty. In 2004 I was found guilty of obtaining property by false pretense. What county are these charges from? They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. I wound up taking a plea bargain for possession. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. I was 25 years old, i was sentenced to 12 months supervised probation. WebSimple assault is a misdemeanor offense in North Carolina. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. David Coolidge is a wonderful attorney! 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. Any of these options will take many months and unfortunately, will cost money. 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. The event was 1999 but convicted 4 years later (probably not relevant). The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. While it is a misdemeanor charge, even simple assault with a deadly weapon should still be treated very seriously, as it will remain on your permanent criminal record. 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. Yes, pending charges do appear on North Carolina criminal records. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. How old were you when charged? Can I get that charge expunged? Am I eligible for expungment? Paying a fine= pleading guilty. Commit assault on a family member, though, and its a whole different matter. what if you had 2 sets of misdemeanor convictions 5 years apart. You are likely looking at a 10 year wait period after probation ends. Reading and researching it states that I am. Can this be expunged since it was not a DWI? 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? 4 months later in 2013 pled no contest to misdemeanor larceny. Any question about the forms their answer is I can not give you legal advice. After i completed that, i was eligible for an expungement. Take a look at Form AOC-CR-281. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. Assault and battery are serious crimes, and if you have been charged with either one, it is important to seek legal help as soon as possible. Only H and I felony convictions are eligible per statute. What county were these convictions from? He will listen to you and is so very supportive. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Does this mean it is expunged completely? No attorney-client relationship is created in this forum. An avalanche occured earlier this evening at ABCI Quarry, Maudarh, Hnahthial District burying atleast 15 people and 3 machinery. Thanks a lot. I was convicted in 2011 of involuntary manslaughter. Any other steps to make to help with my future and career? My charge was in 2005. Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. In the time since now, a law has changed making my b&e unable to be expunged. These types of attacks include Simple Affray. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. Could i file for expungement and what forms would i use? Infractions such as Improper Equipment are simply not eligible. Can i get the Class I PWIS conviction expunged? What county is this conviction from? What does having an infraction have to do with removing a felony conviction? The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. If the offense of assault was before the person turned 18 they have an opening under G.S. Im 38 yrs old, never in trouble before that or after. 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. Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. One. Simple assault is the least serious assault charge in North Carolina. Take a look at the newly created AOC-CR-287 for dismissed charges. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. Did you talk to someone about the MAR on the old bad check conviction? I am now 43 yrs old. That requires a show of force or menace of violence (overt threat of violence) sufficient to put a victim of reasonable mental firmness in fear of a bodily harm that is imminent or immediately forthcoming. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. I highly recommend. Prosecutors do not have to prove someone was harmed to convict you of simple assault. What can I do? I have a misdemeanor larceny in 2014 and a couple months later a trespassing. Wake County. I have no inside information when new forms will be released. The law used to be that you could only apply for expunction one time. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. The process from start to finish generally takes 9-12 months. I cannot offer any insight as gun rights are outside my area of expertise. My son has a Class I felony crimes against nature conviction. It was later reduced to misdemeanor assault on female in 2012. I am so very concerned about this reflecting on my background check and having issues in the future. 3) Dismissed? I want to go to nursing school and I be read many things that say some will take you and some will not. To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. Dewey P. Brinkley is a former Wake County Assistant District Attorney. I am not aware of any law change in NC outside of local government jobs. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. Hopefully the Judge will not make you travel. 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 am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). 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. If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. It took five years for them to finish my case. I am now disabled, and can't travel to appear there in court. I'd like to get my CCW License but can't because of the Communicating Threat conviction. Was originally charged with causing an affray and misdemeanor simple assault. Every one of the charges ended in a voluntary dismissal. Offense date (3/24/95) points on my Driver License. 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. If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. 1981 conviction of misdemeanor.2007 conviction of dui. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. I was able to get the arrest expunged in 2012. I was thinking it would be the 266 form since I was 20 at the time back in 2011. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. Class E felony convictions are simply not eligible. can he hire a lawyer to take it before a judge or DA. WebMisdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. Is the second arrest eligible for expungement? No police were involved and I wasnt arrested because they said I cooperated. Domestic Simple Assault in North Carolina. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. Every question I asked the arresting officers response was "I do not recall". Mizoram faces the second wave of covid-19 with the bravery of local heroes, ZMC Medical Students Drowned In Tuirivang, Nursing Student Volunteers Herself to Work at ZMC, Council of Ministers approves establishment of Border Management Cell under Home Department, Perpetrator responsible for tank lorry fire arrested, Mizoram Olympic Association delegates set off for NorthEast Olympic Games 2022. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. No trouble since then. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. Court date is coming up in April. I don't see that as legal advice . I was charged with breaking and entering and larceny 6 years ago. Elements of the Criminal Offense. Good evening, I know that the dv charges are not eligible for expungment. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. At age 17 I was convicted of felony B&E&L. Thank you so much! If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history.