Only misdemeanors and felonies are eligible is my understanding. My mother got a felony for arson when I was nine years old (29 years ago). At this point she needs to contact an attorney in the county of the conviction to discuss her options. Its been 22 yrs and ive paid a lot of dues. It can take up to 12 months to remove a charge from a criminal record in NC. How long would it take? In this article, we cover how you can get that charge off your record. It's been so long ago and I have done many things to prove I am a different person now and have character references. This stems from an argument where the neighbors call because they were arguing. Is my case consided dismissed and eligible for an immediate expungement? Multiple convictions from different incidents usually create a problem. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. If I got a expungement under the old law will the new law have a effect on my expungement? Do I qualify? Any advice? That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. Felony convictions wait period reduced from 15 years to 10 years. Do you have multiple convictions in different years- 2012 and 2017? I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. Can the infraction charge be expunged along with the dwi? Asking for a gal trying to get in nursing school 17 years later. why do they make it difficult. Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. The answer is maybe. I assume this was a conviction- what county is this charge from? Petitioner has performed 100 hours of community service since conviction and has a HS diploma or GED. I have a misdemeanor charge for disorderly conduct is there any way that i can have that removed from my record it is keeping me from getting a job promotion at work. Or is there any other options where it could be dismissed? That should have been eligible years ago even before the new law- did someone advise your otherwise? G.S. Please advice. 10/02/1999 Communication Threats GET DIRECTIONS. No police were involved and I wasnt arrested because they said I cooperated. 2. They represented me in Court and by midday on the Court date, Tweet. I received a class I felony for NC tax evasion in 2001 for three years of returns. What would you say about this one? 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? for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. How old were you when the offense was committed? Copyright 2017 - 2022 by Coolidge Law Firm | Restoration of firearms rights is not in my area of expertise, but take a look at NCGS 14-415.4. Phone:(804) 355-8037 Nonviolent Misdemeanor or Felony (Any Age), 1. Thank you for your response, I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. they need job to take care of family. Multiple convictions from different incidents is usually a problem in expunction. I would appreciate any information. Is there absolutely no way to get this expunged? Hi Jason. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? Reckless driving is a misdemeanor in North Carolina. Hi, I was convicted of a dui/death by vehicle and served 37 mos. Do either of these charges bar me from petioning for expungement? I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. He's very thorough and efficient. In 2007 Me an her was charged with a misdemeanor simple assault. . Because reckless driving is defined in terms that equate to the common law concept of culpable negligence, the analysis required to determine when negligent driving rises to the level of reckless driving is the same utilized in determining when actionable negligence becomes culpable, or criminal, negligence. G.S. Only H and I felony convictions are eligible per statute. November 4, 2022. Also, 16 years ago I was convicted of a Class G felony for drugs. You would need to speak to an attorney where these charges originated to see if you have any options. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. During the same year I recieved assault charge and simple affray from fights in high school. I'm trying to find any information in being able to remove misdemeanors from my record. The solution may be to see if you can go back and convince the DA to re-open and dismiss the worthless check charge. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. Thank you. She has never been in any trouble before. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. For charges filed before Dec. 1, 2015, an individual may petition for expunction if. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? You can - and in many cases, should - plead not guilty to a domestic battery charge in Chicago. It shows up on background checks as CLASS H felony. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. A previous expunction does not disqualify a person from expunging a subsequent criminal record. Were these convictions from the same incident? Not sure I follow. is located in Cincinnati, OH and serves clients in and around Cincinnati, Mount Saint Joseph, Terrace Park, Camp Dennison, Addyston, Miamiville, Miamitown, North Bend, Cleves, Loveland, Hooven, West Chester, Harrison, Amelia, Ross, Hamilton, Milford, Batavia, Owensville, Fairfield, Shandon, Maineville, Butler County, Clermont County, Hamilton County, and Warren County. How can I get it off my record . Assault is a violent offense under NC law. Seeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. 3. Not over 21 years of age at time of offense. Must have only been possession with intent to sell and deliver. 20-140(f). Sounds like you really need an expunction to get this off your record. If thats the case, you may expect $1,000 or more in fines along with jail time, along with the revocation of your driving license. Obtaining property under false pretense. What was the outcome of the charges? Felony convictions involving violence are often never eligible. Is there any possibilities to work out something? And if the driver has prior criminal convictions, as much as 60 days in jail is possible. Is that a correct assumption? I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. Thank you! Did you not have a lawyer originally on this case? Dismissals are always eligible under the new law. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. 3) Dismissed? The charge was in Alexander county if that makes a difference. It really depends. The law reduced the waiting period for an expungement of a nonviolent misdemeanor from 15 to 5 years and a nonviolent felony from 15 to 10 years. I have had a perfect record since then, own a business, etc. Home; DWI/DUI. Thank you in advance for your help. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Were you 21 or under when charged- that may trigger a shorter wait period. Yes, reckless driving will show up on a background check, the same as any other criminal offense. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. North Carolina's reckless driving statute states that: Is there a way to have the conviction expunged or dropped to a misdemeanor? I have a misdemeanor assault charge back in 1999. The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. Or offense. State-level jurisdiction determines what offense you can expunge. Paid what i owed for that. 3. I have never had a charge before or after this one incident. 20-140(a). It was reduced to a misdemeanor larceny and a PJC was granted. I was 19 at the time. At least 4 years have passed since the date of conviction. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? I really hate I created all this drama . [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. This is also my very first offense. Saw that sections have been repealed.. Is there any possibility he could get this expunged? About Us. So we actually have a slight chance. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. 2. If your civil rights are restored can a person legally apply for a concealed weapon permit? Willing to try anything. The identity of the petitioner was used without permission of the petitioner and this use resulted in a charge(s) against the petitioner. My husband had a conspiracy to commit assault. Private databases and internet mugshot websites may also keep otherwise destroyed data. 1981 conviction of misdemeanor.2007 conviction of dui. 25 years ago in college, I pleaded guilty to a charge and had it expunged. A dismissed reckless should be eligible if no felony convictions. Removing multiple convictions will not be so easy. First charge. 1. 20-158 (d)(1) on a second ticket. not sure what it means and my name does not show up when I search on offender search. MENU MENU. Now he is applying for jobs and has a clean record since but the charge is hindering his search . You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. ** For a misdemeanor conviction, at least 5 years have passed since the date of the conviction.**. If yes is there a waiting period? That being said, it is always worth a try- the worst that can happen is that your request is denied. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. 03/12/2001 Carrying Concealed Weapon I believe the assault PJC would need to be changed to a dismissal to be eligible. Its a misdemeanor offense that comes with severe penalties. The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. Other than a traffic ticket 45 years ago I have nothing on my record. Has the law changed on when you are able to not list felonies on job applications/housing applications? The statute does not seem to allow expunction of infractions to which you plea responsible. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! Plus other felonies. I never went to court, or was ever was arrested. Is trafficking by transport able to be expunged? I want to go to nursing school and I be read many things that say some will take you and some will not. Dismissals are free to file. I was told by a judge that I need to pay fines and I will get a class E felony on my record. . 686 (2003). My daughter had a fight at school in 2010 when she was 16. 1. Excellent Customer Service. Thanks. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. And once expunged will it still show up on background checks/will it be counted against me still? I just want my hunting privileges back. 2. 2. Thanks a lot. Or with they always be up there? Is there any case or situation where the ten year time period may be excused? Assault convictions for those over age 18 on the date of offense are not eligible per statute. Do I qualify? 5. I paid a fine and that was it in 2008 can I get it expunged ?? What county was this from? note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. Convicted in the same session of court. 20-141.6. 2 DV protective order. I have a hit and run misdemeanor on my record. The third type of reckless driving is limited to commercial motor vehicles carrying oversize or overweight loads. Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. I recieved a petiton/order of expungement in the mail. I was wondering how bad my situation is. And for good reason. I was 25 years old, i was sentenced to 12 months supervised probation. So with your Witt law pa attorneys do they do help with expungements? It also states that moving at a speed that could endanger others could constitute reckless driving. The NC SBI is based in Raleigh. Convictions for assault are not eligible if they occurred after age 18. I had no lawyer because I was unaware of the affect that the charge would have on my record! I was convicted in 2001 or 2002. What can I do? Ive hit a wall in my career because of this delinquent mistake. Apart from generally defined reckless driving offenses, specific incidents are considered per se reckless driving. My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. I am so very concerned about this reflecting on my background check and having issues in the future. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. 5. I completed probation an estimated 2 years ago. Or is it still a conviction and I need to wait for 5 years? You may also send us an email at info@stowelawfirmnc.com or call 704-856-9502 to get in touch with us. 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. 438, 440 (1972)). Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. 2017. There is no waiting period to expunge a dismissal. 06/16/2001 Simple Assault 2022 Young, Reverman, & Mazzei CO., L.P.A. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Is the second arrest eligible for expungement? My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. I am now 43 yrs old. 15A-145- forms are about to be updated for the law change effective December 1. It may depend on the facts of the case as convictions involving violence are not eligible. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? I was giving probation and completed and have not been in any trouble prior or since. Convictions involving violence such as assault are not eligible. Hello Mr. Witt, Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. or should I attempt to do it before probation is completed? You should also speak to the clerks at the courthouse about local procedure. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. Also assault (husband and I) the assault was dismissed. I made a mistake in 2007 driving with 3 beers in me - I was .08. That being said I only handle cases in Union and Mecklenburg County. No jobs are wanting to give me a chance at all. Any question about the forms their answer is I can not give you legal advice. I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. There is a 10 year wait period to remove felony convictions. Attorney Advertising. I've been looking forward to 2025 to get this fully behind me. Up until rather recently no felony convictions were eligible for expunction. I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Usually, this type of driving is categorized as a misdemeanor criminal offense, which attracts a fine of up to $1,000 or up to 1 year of jail time. Due to having a criminal background I have not been able to find a job in almost 7 years. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. For felony intent to sell and deliver cocaine.. can it be expunged? It was my first time ever in trouble and havent been in trouble since. Unfortunately Class A1 convictions are generally not eligible for expunction in NC. Under North Carolina's law, reckless driving could be defined as any driving activity that shows "willful or wanton disregard" for the safety of others. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. I was able to get the arrest expunged in 2012. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. . There is generally a 5 year wait period if you were over 18 when the offense occurred. No more limit on number of dismissals than can be expunged. Use of this website or submission of an online form does not create an attorney-client relationship. Reckless driving is a class 2 misdemeanor in North Carolina. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. I was charged with dui in 2004 and possession of marijuana in 2012. After an expungement are u eligible to get firearm rights restored? To receive an expungement, you must file a court petition in the jurisdiction where you were charged with reckless driving. No subsequent misdemeanor or felony convictions, other than traffic violations, within 4 year waiting period. 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