If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. My sentence was community service/probation I was told several years back I wasnt eligible for expungement is this true? I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird. What county is this charge from? Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. 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. But is this reduced charge considered as a dismissal? Under the new law multiple dismissals are certainly eligible. I completed probation an estimated 2 years ago. And would there be a waiting period and fee to apply for an expungement? So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. The statute simply excludes traffic convictions as an automatic disqualification. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. If you have been arrested for domestic violence, you need the assistance of an experienced criminal defense attorney to avoid the severe penalties you face if convicted. If it has been at least 5 years you should be eligible to proceed now. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. This was my first offense and last. Selected 4th Circuit cases also are included. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. 1 How Much is Bail For Simple Assault? Are there any options whatsoever? I got a speeding ticket for going 17 over. CLASS F FELONY. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. If yes is there a waiting period? No convictions since. The citation was technically for violating a town ordinance against open containers of alcohol in public. It may be possible depending on the facts of the case after a 10 year wait period. Will he be eligible to have the charge expunged in North Carolina? What was the 1981 conviction? If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. I have 2 charges. I would recommend contacting an attorney in Iredell now to line things up. First thing is get approved for deferred prosecution and then get the case dismissed. Would I be able to get the dismissals removed from my record? All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. Be aware there is a ~$175 filing fee. Charges dismissed prior to December 2020 appear on North Carolina criminal records. It took place in Lee county, NC. Thank you in advance for your help. I am 30 now and have not been convicted of anything else since. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. Very efficient service. You should reach out to a local attorney to see if you have any options such as reopening the case. The punishment for a simple assault, if convicted, depends on your I recieved a petiton/order of expungement in the mail. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. Can I have this charge expunged? 1. I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record. Its been 22 yrs and ive paid a lot of dues. I am 44 years of age. No more limit on number of dismissals than can 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. All those convictions are a problem. would i use form 15.A -14.5? You would need to get that PJC turned into a dismissal. Just asking for a dismissal may not work. What county were they from? The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. Say if no one from the store comes to court? Multiple convictions from different incidents is usually a problem in expunction. I believe it was pjc or 90 96 or a similar program. Are there specific forms you might recommend that I can use to eliminate this from my record? I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. You would need to determine exactly what Class felony of which you were convicted . Even if he was charged with 2 counts it seems strange the DA did not agree to dismiss 1 count unless extra charges were also involved. I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. Did the DA object? Assuming you were charged, the charge will appear on your criminal record. It was reduced to a misdemeanor larceny and a PJC was granted. 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. Paid what i owed for that. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. It was a crime committed before 18 years of age and am currently 24 years old. It happened 17 years ago. At the time of incident, my husband completed all if his probation successfully and completed an anger management program that was suggested by his court appointed attorney at the time, but was not mandated. I've since had a DWI charge that was dropped. The answer may vary by state. An assault on a sports As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. 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. Depending on the state, consequences for a juvenile charged with simple assault could include: jail time (to be served in a juvenile facility or, in rare cases, an adult institution) community service probation restitution (repayment) to the victim for medical bills, lost wages, or other expenses) What county is this charge from? My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . I was convicted of concealment of goods (roughly $8.00) im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. Assault charges takes many forms in North Carolina. What can I do? Can't remember , but what if I did plead guilty ? I am now 31 and trying to see how I can get this expunged. 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. Obtaining property under false pretense. Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. I was told to go to the magistrates office early Monday morning. If so, you would have to have get some reopened and dismissed. So we actually have a slight chance. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. That being said, the wait period is likely to grow now that more people will be eligible. By wiped clean they probably meant the charges would be dismissed. Simple assault is the least serious assault charge in North Carolina. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. Only lower level felony convictions are eligible. The petition is then sent back to the county where it was filed. Sealing a criminal record is not something I have seen in NC. All three did. you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. Saw that sections have been repealed.. Is there any possibility he could get this expunged? The last thing you want to do is pay the fine for the worthless check charge. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. The result is automatically regarded as a sexual assault. Also, I think I should note that these charges stem from two arrest, not four separate arrest. 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.