Thank you in advance.. Please contact me when you are available. ), 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). Each State has unique expunction laws. [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. F. poss if marijuana (56 g) This was a trafficking charge (MDMA). Under the new law multiple dismissals are certainly eligible. I was not arrested for this incident . If you were over 18 when charged you prior attorney is likely correct. 06/16/2001 Simple Assault The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. Charlotte Criminal Defense and DWI Lawyer. And Larceny class H Felony in 2001. 2. I have never had a charge before or after this one incident. Do these charges affect my ability to get any of my charges expunged? You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. Evidence of distinct, multiple injuries and nothing more does not serve as sufficient evidence of an interruption, to the level of a distinct interruption allowing for the accused to be charged with more than one count of assault. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. Thank you for replying. Paid what i owed for that. Other than a traffic ticket 45 years ago I have nothing on my record. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. Was found guilty but given a true PJC. Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. Class H B&E VD = Voluntary dismissed. in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD. This myth may originate from laws in other states, but does not apply in North Carolina. Sorry, but I just don't have an answer for you. 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 judge put In my file not a threat to the person I assaulted. Patrick Megaro billed himself and his firm as the Appeal Law Group and took his huckstering ways on the road, from state to state, locale, Below is the statement the Memphis Police Department released about the beating of Tyre Nichols. Plus other felonies. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. That being said, you could always list the extra charge and see if a Judge will sign off on it. This includes pending charges, dismissals, PJCs, and convictions. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. I am now 31 and trying to see how I can get this expunged. 15A-145- forms are about to be updated for the law change effective December 1. What county is this conviction from? You should speak with an attorney where the charges originated to determine what options you have at this point. No police were involved and I wasnt arrested because they said I cooperated. I was convicted of B.E and B.E. It was in Cherokee County, Murphy. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. Assault charges takes many forms in North Carolina. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. Now he is applying for jobs and has a clean record since but the charge is hindering his search . I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. No idea what they were. The Assam Rifles - Friends of the Hill People? Then again they may hold the later felony conviction against you. An assault on a sports Although an expunction should remove the charge from your official State record there are private databases that may still retain data even for expunged records. If the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. I got convicted of Communicating Threat back in 1999. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. If the accused hires an attorney, there is the cost for the legal fee. (919) 365-6000. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. It should be eligible for expunction depending on the conviction date. Recent Booking / Mugshot for Robert Gee Stalcup in Cherokee Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Do I qualify? Also does this charge show up on background checks now? speeding to elude arrest 4-7-09. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. Im trying to complete my own forms for expungement. It sounds like the lawyer you spoke with gave you good advice. 10/02/1999 Simple Assault I was charged with breaking or entering, assault with serious bodily injury in 2011. 3. What county is this charge from? Can those be expunged? Am I reading the law incorrectly? -Bridgette. There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. Is Character Evidence Admissible to Prove Wrongdoing? Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. 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. will this new law work to get this done now. Will I be eligible under the new law? Never heard of someone being charged with two paraphernalia charges from the same incident. You will need to reach out to an attorney in that county for more guidance. He served Honorably in the Army for 20 + years. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. No trouble since then, thats the only thing on my record.. can it be expunged? Did you plead guilty to disorderly conduct in 2014? You should be eligible if it was a misdemeanor or low level felony. I believe it could, although I have never encountered that scenario. Coolidge delivered on all that he promised and more. 2) Not Guilty? 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 have not had any charges before or after. For felony intent to sell and deliver cocaine.. can it be expunged? You should be eligible 2 years after your sentence was completed assuming that is your only conviction. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. Three charges were consolidated to one for sentencing. This hard rule no longer applies, although there are limitations when prior convictions were expunged. Assault is a violent offense under NC law. Simple assault is classified as a Class 2 misdemeanor. The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. What does having an infraction have to do with removing a felony conviction? But all reduced. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. I would recommend contacting an attorney in Iredell now to line things up. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. Of all misdemeanor classifications, a Class A1 is the Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. Iredell county- NC Bottom line is make sure you understand what you are filing before you file anything with the Court. Reach out to an attorney where the charges originated. Raleigh, NC 27612 DWI convictions are explicitly not eligible for expunction per NC statute 15A-145.5 under subsection.8(a). All were dismissed. His passion for his work and in helping others shines. gave me the fees straight out on the letter including court costs. 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. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. First thing is get approved for deferred prosecution and then get the case dismissed.