There are about 20 different. I have 2 charges. the probation was terminated While the new laws will not take effect until a bit later this year, it is a good idea to get a jump start on determining your eligibility and discussing the next steps. Only lower level Class H and Class I convictions are eligible. Child abuse a misdemeanor. You will need to reach out to an attorney in that county for more guidance. I would talk to a new attorney in the county. Was the assault charge dismissed or were you convicted? Or offense. So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. (The Center Square) – Gov. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. No longer in NC and have no plans to ever return. The new statute eliminates this requirement in most instances. By Jason Schaumburg (The Center Square) – Gov. You should be eligible if no other convictions besides driving offenses. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. I was told that all my charges would be dismissed after completing probation and paying my fines. 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. Family Law, Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. Also, I think I should note that these charges stem from two arrest, not four separate arrest. List of Crimes You Can Expunge in North Carolina. G.S. I was 20 when charged with Felony Possession of marijuana with intent to sell. How old were you when charged with these charges? The charge was dismissed but it still shows up on my criminal record. For a first time offender charged with a minor offense deferred prosecution is usually always an option. i also have a misdeamnor assult in 2013, that resulted in a PJC, however it was verbal and not physical I just dont know why this was noted on my crimminal background as assult. This includes pending charges, dismissals, PJC’s, and convictions. After i completed that, i was eligible for an expungement. they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do?? Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. The attorney states he is very confident this case will be dismissed. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. In North Carolina, you can expunge certain crimes from your criminal record. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. It is extremely advisable for you to take another look at your record and to consult an attorney about your potential options under the new laws. I was convicted of a class H felony in 2008. I would suggest speaking with an attorney in that county for assistance. i dont have the money to hire an attorney, so im hoping i can do it myself. I am not aware of any law change in NC outside of local government jobs. Am i able to reopen that case and get it dismissed in Wayne County NC? Some of the major changes are as follows: Unlimited expunctions of dismissals and not-guilty verdicts. Yes, even dropped charges will appear on a North Carolina criminal record check. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. (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. Are you talking about expunction or a pending charge? I was 18. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. how long will it take to expunge? In North Carolina, an expunction is the destruction of a criminal record by court order. Therefore I the Class G conviction will likely disqualify you from any expunction. Please advice. That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over. . Thanks, 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. I think it's wonderful that you're reaching out to the community. You cannot apply for additional expunctions of any crimes you commit after the expungement gets granted. The first felony would not be eligible due to subsequent convictions. You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions. Ultimate rejection occurs when the Judge refuses to sign off on the Order. I was was charged with felonie larceny by an employer. The Second … I have 2 simple assault cases that where dismissed can I have these expunged? I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. Completed probation. If that is your only conviction you should be eligible. I have nothing else on my record. Is there anytgany I can do to get my gun rights restored? I am charged with a misdeameanor. 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. Should I also hire an attorney? The only felony convictions that are eligible are lower level Class H and Class I. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. We've been told before that it wasn't but I thought maybe with the new law it will be. 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. Can I still get the felony expunged? If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. You should be eligible on the felony dismissal. The charges were in Rutherford county North Carolina. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. They occurred from 07-2010. Does the DWI void any opp at expungement? Not only is it advantageous for career prospects and job opportunities, but it helps reinstate one’s Second Amendment rights and enables you to possess/purchase a firearm again. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. I’m sorry I’ll try to be more detailed. Is there a way to have the conviction expunged or dropped to a misdemeanor? I am a mass. It appears that charge may be possible to expunge, although I have never attempted to do so. I read and hear that expunge cannot happen twice. The 5 year misdemeanor wait time starts to run after probation is completed. What would be the charges? That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed. So are you saying I need to just ask for a dismissal and not pay the fines. Is it possible to have those records sealed because it's keeping me from getting jobs???? That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. The NC SBI is based in Raleigh. What if it were the exact same charges, onlly you were 16? What county was this from? There are websites that screen capture mugshots and create a page on the internet with your face enlarged. would i use form 15.A -14.5? What were the convictions? I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. I asked for continuance because of this and was denied. It is exciting news and here are some of the key point takeaways. If yes is there a waiting period? Hopefully the Judge will not make you travel. I asked for Deferred prosecution but I have no idea if I will still get a fine . Thank you. NC Expungement Attorney Wiley Nickel handles expungements for the entire state of NC. That is a rather risky venture to undertake without an attorney. Were they all convictions? Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. Even if the DA objects the Judge should have the final call. I've been looking forward to 2025 to get this fully behind me. It was dismissed but still on my record. This section refers to several items in the singular, with terms such as: "a … I have not had any charges before or after. I pulled time in county jail, So I plead guilty at age 17 in 2013. Does it start a conviction. Can I get these charges expunged, and what form do I use to expunge these charges? Can this be expunged? What county were these convictions from? Convictions involving violence, such as assault, are not eligible per statute. I truly did not understand the severity of what I did at the time or how the consequences would impact my life when I was trying to make it in the adult world. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). You should reach out to a local attorney to see if you have any options such as reopening the case. A PJC was used for both the. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? I am a two-time felony from 91 + 93 can this record be sealed. Hello To misdemeanor. Thank you in advance for your response. I was convicted of Cyber Stalking in April of 2011. I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. Are there any options whatsoever? If you have FTA's then you should hire an attorney to have those FTA's removed- doing so on your own from another state will be difficult to impossible. Is it possible that i reopen the case and fo for a not fuilty plea. Can I seal a class D drug trafficking charge that I was convicted of in 1999? Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. Got a misdemeanor Larceny when I was 16. 90-96(a) or (a1). Here is more detail. 2017 I got a misdemeanor Larceny. Can the infraction charge be expunged along with the dwi? I'm thinking I may can file on my own, should I hire an attorney for this situation? I paid a fine and that was it in 2008 can I get it expunged ?? So...i have more than a couple misdemeanor domestic violence charges. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. there was a poss of cocaine charged that was dropped. This was in 2006in Cumberland County. That being said, the wait period is likely to grow now that more people will be eligible. It's my understanding I have to wait 10 years after probation ended. 20-146 (d)(1) on one ticket and g.s. I finished it all on 5/5/13. My understanding is that as long as a Judge will sign it then it will go through. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. Only lower level Class H and Class I felony convictions are eligible per statute. If so, then I can get multiple expungements after Dec, right? You would be eligible now assuming you have no felony convictions. Private databases and internet mugshot websites may also keep otherwise destroyed data. can anything be expunged? Not sure what to do. 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 . NCGS § 15A-145.2 (a). Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Talk to an attorney in the county of the convictions to see if you have any options. If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. I mean 30 years and being a model citizen with not even a traffic ticket? 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. In 2017, state legislation updated North Carolina’s expunction laws. Feel free to contact Saad Law with any expungement questions. Getting convictions reopened is not easy and sometimes impossible. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. It did not affect any employment. Dubbed The Second Chance Act, … You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief. Could i file for expungement and what forms would i use? Do you think these charges would be eligible for expungement? Is there a chance to expunge just the misdemeanor? What are the steps if I am eligible for an expungement. What county were the charges from? Also if you don't mind could you tell me what you think the worse is that could happen? Don't forget you will also have to pay a $175 filing fee. What county was this from? 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. Three charges were consolidated to one for sentencing. 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. Yes. I was charged with Statutory rape when I was 19 and it got dismissed. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. Multiple convictions from different incidents usually create a problem. Expungement for Juvenile Criminal Records Expunction of records of juveniles adjudicated (tried and found guilty) delinquent and undisciplined - N.C… I have a misdeamnor larceny from 2008. How old were you when charged? 02/27/1997 Simply Assault Am I eligible for expunction? I was told I couldn't get it sealed or espunged bc is two convictions is that true? You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. Seems like it would be counter productive to keep a college grad from employment for such a thing? Ty for answering questions . 2016 I got a misdemeanor Larceny that got dismissed. I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. -Bridgette. When a record is expunged the charge will be removed from your official State criminal record. That's what my lawyer told me. When are you eligible? Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. What does having an infraction have to do with removing a felony conviction? (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP A defendant is immediately eligible for both dismissals and not-guilty dispositions. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. You will be eligible under the new law which goes into effect December 1, 2017. felon on board .. causes no trouble not perfect lolol. 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