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I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Thanks! He served Honorably in the Army for 20 + years. You would need to have the case reopened. ), Any object that can be used as a weapon to kill. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. Recent Booking / Mugshot for TAMARA KENYATTA JAMES in You would need to speak with a local attorney about having the case reopened and dismissed. Is there a chance to expunge just the misdemeanor? Commit assault on a family member, though, and its a whole different matter. If that is your only conviction you should be eligible. I got a speeding ticket for going 17 over. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. But what exactly is an Assault on a Female? In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. 24 years ago . It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. Sounds like you are jumping the gun. 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. I finished it all on 5/5/13. KAELIE CATHY KENNEDY Arrest Record - Jail Records 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. How old were you when the offense was committed? It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. Up until rather recently no felony convictions were eligible for expunction. Haven't had any charges since. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. Do you have multiple convictions in different years- 2012 and 2017? I had to pa a fine , do community sevice and 5 yrs probation. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. 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 read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". Raleigh, NC 27612 The attorney states he is very confident this case will be dismissed. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. Good evening, Those jurisdictions consider arguments, slapping, or pushing as simple assault cases. Dewey P. Brinkley is a former Wake County Assistant District Attorney. Under the new law can have these expunged? I really dont want to pursue this anymore . How old was the defendant at the time of the charge? 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. So with your Witt law pa attorneys do they do help with expungements? Can those be expunged? 06/13/2001 Simple Assault Reach out to an attorney where the charge occurred. You should also speak to the clerks at the courthouse about local procedure. Simple assault is the least serious assault charge in North Carolina. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. The statute simply excludes traffic convictions as an automatic disqualification. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. Raleigh Law Office (919) 615-2473. The 2 convictions were was DV Protective Order Violation. Contact an attorney where the charge occurred to confirm all your options. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Will I be able to ever get it expunged? The information you obtain at this website is not, nor is it intended to be, legal advice. I was giving probation and completed and have not been in any trouble prior or since. how long will it take to expunge? I pled guilty to unauthorized use of a vehicle. Crime against nature under N.C.G.S. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Hopefully the Judge will not make you travel. 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? I was convicted in 1997 of felony death by motor vehicle.I was 17. 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. Alibi the alibi defense is used to show the defendant could not commit the crime in question because they were not present or there are witnesses to testify the event did not occur. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. We fight for the best possible outcome in every case. made the ticket go away. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. Also does this charge show up on background checks now? My daughter had a fight at school in 2010 when she was 16. Misdemeanor or Felony? Then in 08 the same thing occurred an I was charged with an assault on a female an only reason I didn't do charges on her then because she was on probation an would have to do 30 days so therefore dss would have gotten involved. My question is am I eligible for expungement in wake county after 5 years for misdemeanor per new law enacted in dec 2017. i.e. Upon conviction, a person could be sentenced to 60 days in jail for a first offense and up to 150 days in jail for a second or subsequent conviction. I also have a previous charge for the same thing but it was dismissed. My charge was in 2005. See if you can get the misdemeanor convictions reopened and dismissed. Can this be expunged? Any other steps to make to help with my future and career? Only lower level Class H and Class I felony convictions are eligible for expunction in NC. My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. In North Carolina, simple assault is a misdemeanor. I have never seen it done with a serious felony, but it is technically possible. Am I eligible to get this expunged from my record? I was 18. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? There is no wait period for dismissals or findings of not-guilty. 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. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? This includes pending charges, convictions. 2017 I got a misdemeanor Larceny. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. I was told that all my charges would be dismissed after completing probation and paying my fines. I paid a fine and that was it in 2008 can I get it expunged ?? Must have only been possession with intent to sell and deliver. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. I was arrested but not yet convicted . Am i eligible for an expungement? Felony convictions involving violence are often never eligible. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. You would need to reach out to someone in Wayne county to determine if that is a realistic option. As a Board Certified Specialist in State and Federal Criminal Law, Damon Chetson is one of the top trial lawyers in Raleigh with dozens of successful outcomes in jury trials and hundreds of positive results for clients. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. How long do i have to wait to have it expunged? I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. Mr. Thank you in advance for any information you can assist with me with! "This petition is being filed at least ten (10) years after the date(s) of conviction listed above for any nonviolent felony or five (5) years for any nonviolent misdemeanor, or when any active sentence, period of probation, and post-release supervision has been served, whichever occurred later.". In North Carolina, a deadly weapon is basically anything that could be used to kill someone. Domestic Simple Assault in North Carolina. Booking Number: 44296. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Clean record since. the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. It shows up on background checks as CLASS H felony. Had 5 years probation. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. You would need to speak to an attorney where these charges originated to see if you have any options. Basically, the type of job you are seeking, in addition to your overall qualifications, the employer hiring requirements, and your competition for the job are contributing factors to your employment success. Hello Wendell Law Office (919) 365-6000. Thank you. I was convicted of a class H felony in 2008. 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. That's the only misdemeanor I recall. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. I have heard that now any B&E is considered violent. Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. So, let me start by saying that I admit I've made a series of poor decisions over the years. What county is this charge from? What was the infraction charge? Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. If you were able to do that then you could probably get everything expunged. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer.
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