2 felonies dismissed in 2013. Verbal and written threats will contribute to the charge. Are these 2 types of charges that can be dismissed? I guess you need to speak with a local attorney to pull the file and/or examine the courthouse computer entry to answer that question. 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. I was also 19 at the time. What county was this from? This was my first offense and last. WebExpunging a Drug Charge in NC. If so, what? Not all violent crimes in North Carolina involve actual acts of physical violence. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. For criminal cases there may even be an outstanding. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. The conviction was from 1990 when I was 17 years old. 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 You should also speak to the clerks at the courthouse about local procedure. Only lower level Class H and Class I felony convictions are eligible. 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. Your comment will be posted after it is approved. I was told that all my charges would be dismissed after completing probation and paying my fines. Those are all felonies, I committed at 16. I was told I couldn't get it sealed or espunged bc is two convictions is that true? I was 24 then; I hadn't begun to consume alcohol until I was 26! Each case is different. Prosecutors do not have to prove someone was harmed to convict you of simple assault. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Only lower level felony convictions are eligible. Every few years they expand the eligibility so keep an eye out for future amendments to the law. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. I have never had any felonies. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. In North Carolina, simple assault is a misdemeanor. This hard rule no longer applies, although there are limitations when prior convictions were expunged. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Are you applying for a job prior to conviction? 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. Simple assault is a Class 2 misdemeanor. It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. Would I be able to get the dismissals removed from my record? I do well in school and wanna succeed , any chance of that being expunged. This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. I have heard that now any B&E is considered violent. Can I seal a class D drug trafficking charge that I was convicted of in 1999? It shows up on background checks as CLASS H felony. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! This crime a Class H felony. Charges dismissed prior to December 2020 appear on North Carolina criminal records. It should be eligible for expunction depending on the conviction date. They even If the accused hires an attorney, there is the cost for the legal fee. I also had several charges dismissed. Can I get an expungement on the larceny? The charges were not filed by him but the officer who I called at that time. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. About. There are about 20 different. That being said, the DA can object and ultimately the Judge decides. I am now 35 with only a couple speeding tickets since. 1. Yes, even dropped charges will appear on a North Carolina criminal record check. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. Due to this, there can be confusion on what those charges actually mean. 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? It is only once. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. Take a look at Form AOC-CR-281. -Bridgette. Not sure what no longer had jurisdiction over you because probation had expired means. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. Im 38 yrs old, never in trouble before that or after. Can anything be done with those? What to Do If Youre Charged With Fighting or Public Affray in North Carolina. I received a misdemeanor paraphernalia charge in 2014. 1981 conviction of misdemeanor.2007 conviction of dui. The statute does not seem to allow expunction of infractions to which you plea responsible. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. I have a felony conviction of posses schedule VI (principal) in 1994. I was 40, and got a a misdemeanor larceny in catawba. North Carolina vs. Floyd, 369 NC 329 (2016). Even a murder dismissal or not guilty verdict is eligible. You should reach out to a local attorney to see if you have any options such as reopening the case. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. What county was the conviction from? Credit card fraud.. Can me and my friend / wife / co-defendant hire the same lawyer? If you were under 18 when charged it may be possible. I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. I recieved a petiton/order of expungement in the mail. Convictions for assault are not eligible if they occurred after age 18. Is there anyway I can get my record expunged? No lawyer is required to petition the Court for a record expunction in NC. (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. I have an assault charge from 2007 and I think it has a firearms ineligibility attached to it. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Probation will be done in 2019. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). Thank you. I also have a misdemeanor assault charge before the felony charge. Are there any options whatsoever? There is no wait period for dismissals or findings of not-guilty. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! Age: Misdemeanors are punishable by a fine and/or up to 120 days in jail. Will I be eligible for expungement? If you can't afford one you can ask for a public defender. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . Have not yet went to court.. but attorney is very confident he can get charge dismissed. If so, the answer is yes. You should be eligible 2 years after your sentence was completed assuming that is your only conviction. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. It may be possible to go back and re-open the case to get a better outcome. The convictions were in 2003. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. Therefore I the Class G conviction will likely disqualify you from any expunction. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. The event was 1999 but convicted 4 years later (probably not relevant). AOC form 287 is for dismissed charges only. made the ticket go away. Has the law changed on when you are able to not list felonies on job applications/housing applications? the probation was terminated 2. I am a resident of Tennessee, i was serving in the Marine Corps at the time. Ive gone from Manager to welfare because of this. If convicted, a person could be sentenced to between 4 months and 25 months in prison. What would be your fee to expunge ? Can that charge be expunged ? Thank you! A deferral program will have costs associated with any recommended treatment or community service requirements. As soon as a charge is pressed, a pending charge will appear on a background check. That case was dismissed due to her perjuring(lieing). and that MAR thing? 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. Class I Larceny Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? Please advice. I was convicted in 2001 or 2002. You would be facing an uphill battle on that one especially if the victim objected. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. Also flee to elude was reduced to disorderly conduct? 4. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. Guilford Unlike many states, North Carolina merges 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.

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