and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. Did you not have a lawyer- that type of charge can often be dismissed via community service. Thank you. Also if you don't mind could you tell me what you think the worse is that could happen? Help!! Assault convictions for those over age 18 on the date of offense are not eligible per statute. Charges dismissed prior to December 2020 appear on North Carolina criminal records. Smith's Criminal Case Compendium Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. 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. 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. Even a murder dismissal or not guilty verdict is eligible. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the This can cause issues in terms of employment, school, and financial aid. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. 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. Can this be expunged since it was not a DWI? My husband had a conspiracy to commit assault. Every one of the charges ended in a voluntary dismissal. Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? What if it were the exact same charges, onlly you were 16? Still 21 at the time. Felony in 2012. When did probation end? 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. A lawyer handled it and I had no clue it would show on my record until a recent background check. 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. him after hours through phone calls, texts, and email. I was 17 at the time and its really hindering my ability to get a decent job. Class H convictions are eligible under the right conditions. Hello Mr. Witt, How old were you when charged with these charges? North Carolina has a number of different classifications for assault cases. The last thing you want to do is pay the fine for the worthless check charge. it has been at least 7 years since the charge. They were all misdemeanors. I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. Am I eligible to have these expunged? This stopping me from getting employment. 1. 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all. 1. So a dismissed domestic violence charge is not eligible? Nothing ever just falls off your record in NC due to age. The statute simply excludes traffic convictions as an automatic disqualification. 200 North Pine Street I also have a previous charge for the same thing but it was dismissed. Please contact me when you are available. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. I would very much like to discuss having my record expunged. Will I be eligible for expungement? That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. I always recommend having an attorney when negotiating with the DA. 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. 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. Did you plead guilty to disorderly conduct in 2014? This is my first ever offense on my record and i paid for my attorney, will it really cost this much? Juvenile Simple Assault WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. Was the time on that petition changed any with the new bill? Is it possible to get a expungement? (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. I was convicted of class H felony larceny in 2006, with a prior misdemeanor larceny as well as a few prior simple possession charges, would I still be eligible for expunction? I got convicted of Communicating Threat back in 1999. I had no lawyer because I was unaware of the affect that the charge would have on my record! I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. I'm thinking I may can file on my own, should I hire an attorney for this situation? My niece was advised by her court appointed attorney to plead guilty to one Class H felony. North Carolinas New Expungement Law: What You Need Because the person they said I conspired with got off with my plea. That being said I would certainly recommend filing to clear your record. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. Is trafficking by transport able to be expunged? Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. 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. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. I really felt, and still do, that he really cared about helping me. I'm 21. Unlike many states, North Carolina merges You might want to take a look at AOC-CR-264. This field is for validation purposes and should be left unchanged. Any likeliness for that to be expunged? For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. The petition must be filed in the county where the charge originated. I have not had any charges before or after. Can I get these charges expunged, and what form do I use to expunge these charges? Trying to go back and undue a guilty plea to a felony is not going to be easy. 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. Can this be expunged? North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. and that MAR thing? I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. Convictions involving violence such as assault are not eligible. I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal, That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of. This hard rule no longer applies, although there are limitations when prior convictions were expunged. The 5 year misdemeanor wait time starts to run after probation is completed. 2. 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. Misdemeanor convictions wait period reduced from 15 years to 5 years. 2. I was convicted of felony b&e of a motor vehicle. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. A deferral program will have costs associated with any recommended treatment or community service requirements. Firearm rights are not in my field of expertise. Am i eligible for an expungement? Talk to an attorney in the county where the convictions originated to sew how best to proceed.. Is that your only non-driving related conviction of any kind? Can that charge be expunged ? See:North Carolina v. Brooks, 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. I was in high school, under 18..what are my options ? is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose?
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