In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). If you have no prior convictions, the sentence could involve probation or up to 30 days in jail. Would I be eligible under the new rules for expunge? I was arrested but not yet convicted . In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. A video shot by someone in a classroom showed Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. Also, if you have a record of past criminal convictions, the judge is more likely to impose maximum sentence, especially if prior convictions were for assault as well. If convicted of a Class 2 misdemeanor assault, the maximum penalty will be 60 days in jail, depending on criminal history. Offense date (3/24/95) Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Also the other co defendants got it completely dismissed. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. That being said, it is always worth a try- the worst that can happen is that your request is denied. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. I was convicted of Cyber Stalking in April of 2011. I called a lawyers office and they told me assault charges cannot be expunged. Both were at the same time 11/2009. I paid 20k in restitution and 200ish hours in community service which was completed in 2010. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. For dismissals there should be no wait period. (3) Would getting this expunged require any in-person court appearances in Orange County? If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. I was told that my charge would never be seen again after it go in the system?? If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not Reach out to an attorney or the Courthouse in that county to find out local procedure. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? Traffic offenses should not be a problem, but the other two convictions are an issue. Well its been 12 years and if I can't get a expungement. It took place in Lee county, NC. You would need to speak to an attorney where these charges originated to see if you have any options. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. to have his record cleared ?? 02/27/1997 Simply Assault The conviction was from 1990 when I was 17 years old. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. Can I get my conviction expunged and legally own a firearm. Can this be expunged since it was not a DWI? You can always try and file now and see if a Judge will sign off on it. 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. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. Thank you, RJ. About 15 years ago I was charged with a class I felony b&e in Cabarrus county. 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. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Am I able to file the petition now or shall I wait till 5/6/18. Am I understanding correctly that I qualify? I received a pjc on misdemeanor assault on a female in february 2001. Private databases and internet mugshot websites may also keep otherwise destroyed data. Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. Misdemeanor or Felony? I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. And would there be a waiting period and fee to apply for an expungement? I had a misdemeanor larceny charge in 1998 then another in 2014. I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. Can I get this expunged or dismissal? Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. they all have method of disposition descr: waiver-clerk not sure what that means. I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. I have no inside information when new forms will be released. I'd like to get my CCW License but can't because of the Communicating Threat conviction. Please advice. I'm 21. That charge was dismissed as well. North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors. Can this be expunged? But I took a plea for Crime Against Nature. I have 2 simple assault cases that where dismissed can I have these expunged? I am 30 now and have not been convicted of anything else since. A good criminal lawyer can help you get your charges reduced or possibly even dropped altogether if the attorney has been given enough time and information to put together a compelling defense. I had so many job offers but each time they run the background they cant accept me if theres any info you can provide that may help please share. The event was 1999 but convicted 4 years later (probably not relevant). DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. At least, before, I was eligible for expungement 15 years of probation. 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. I know before it was at east 5 years of waiting. Simple assault is a Class 2 misdemeanor. I hired an attorney who is now disbarred, and I was leaving to marry an ex in California, and I went to two court appearances before the judge would let me leave NC under the requirement that I leave a way to contact me once I got there. 1. Thanks all the help I can get would be appreciated. This method of sentencing takes into account the nature of the crime an alleged offender has been charged with as well as his criminal history. No police were involved and I wasnt arrested because they said I cooperated. These are H & I felonies. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Yes, pending charges do appear on North Carolina criminal records. I was wondering if I would be able to receive and expungement i never been in trouble before. 336-379-0539. They are all misdemeanors.The 3 misdemeanors were in all 1 occurrence and they were in Mecklenburg County and the 1 was an assault charge that occurred in Stanly County in 2011 that was dismissed. 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 also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! Now today (October 6, 2022) am I eligible for expungement. so do i have a fighr to ge it reopen. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Dismissals are free to file. This individual has had no other interactions with the law and completed all probational conditions with no infractions. And new. The charges were in wake county court. A deferral program will have costs associated with any recommended treatment or community service requirements. no other convictions Asked him about and expungement, he stated I wasnt eligible because of my age. Can I still get the felony expunged? About. from me on a Saturday night. Could I apply for removal of the felonies. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Will I be able to ever get it expunged? The process takes 9-12 months to finalize and must be filed in the county where the charges originated. If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years.
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