Will I be eligible at any point to have the FELONY expunged? Sorry, but I just don't have an answer for you. I had a couple of review dates and my final review date was last week. I suspect the rationale is DWI convictions should always be considered by the DMV. Thats how I got the pjc I guess. The actual process involved and required for expungement in North Carolina varies with each statute under which expungement is requested. My wife didn't press charges and stood with me in court. Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket. Hopefully a lawyer could appear on your behalf, but local procedures vary by county. The process is typically a long one given the number of legal entities involved, the record checks, and the legal hoops that one must jump through, and can take upwards of 12 months to complete. 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. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. Is this a case of ID fraud or did you actually receive this ticket? This stems from an argument where the neighbors call because they were arguing. The new law has a 5 year wait period assuming you have no other convictions. Completed my sentence in 2002. 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). Dismissed with leave in NC means the prosecutor the later revive the charge. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. I sent comment previously please ignore that. Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. to have his record cleared ?? An informal deferred prosecution involving maybe community service would probably be the best outcome. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. However, the new law allows a much more liberal application to people who even have multiple convictions. Only lower level Class H and Class I and convictions are eligible. Can this be expunged? 08/31/1999 Simple Assault Were they all convictions? Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the North Carolina State Crime Laboratory to the defendant and the defendant's attorney at the address specified by the court in the order of expungement. Thank you very much for the information! Multiple convictions can be problematic. If yes is there a waiting period? Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. Was charged with a misdemeanor for larceny. STATE OF NORTH CAROLINA County File No. There are about 20 different. Still 21 at the time. Although our main office is in Winston-Salem, we offer … Some of the major changes are as follows: Unlimited expunctions of dismissals and not-guilty verdicts. Am i able to reopen that case and get it dismissed in Wayne County NC? In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. Please see North Carolina General Statutes §15A-151 for other exceptions. 4 months later in 2013 pled no contest to misdemeanor larceny. Then when I was released, Immigration had me sign a letter stating 20 years must pass before entering the country again... My questions are, What are my chances of having my felony expunged now since over ten years have passed? 2. 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. Class H convictions are eligible under the right conditions. I really hate I created all this drama . 1. (7a) An offense under G.S. Thanks for taking time out of your day to help citizens like us. My charge was for simple assault. That being said, the DA can object and ultimately the Judge decides. I never went to court, or was ever was arrested. There is a link to the AOC forms in the article above. I was 18 when charged 19 when convicted. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. Hello. I want to go to nursing school and I ‘be read many things that say some will take you and some will not. Hi, I was convicted of a dui/death by vehicle and served 37 mos. Private databases and internet mugshot websites may also keep otherwise destroyed data. I previoulsy plead guilty. 20-146 (d)(1) on one ticket and g.s. Would need way more information to answer that question. Many applicants who did not qualify under our current laws will now become eligible in December. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. 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. 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? Thank you. Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? I was convicted in 1997 of felony death by motor vehicle.I was 17. Are these you only convictions of any kind? Felony convictions wait period reduced from 15 years to 10 years. So we actually have a slight chance. Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guilty...when the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now. Family Law, Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. Can I get the resisting arrest expunged now? DUI convictions are simply not eligible per statute. I have 2 simple assault cases that where dismissed can I have these expunged? Do you have any other convictions besides driving offenses? What can I do? There is a 10 year wait period to remove felony convictions. 4. What was the actual charge? North Carolina Expungement Law. There was actually no breaking and entering. What are you looking to remove from your record? The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. I was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? The law reads like nothing can be done for a class F felony (A through G are considered "violent"). This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. This happen in Harnett County. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of … If so, then I can get multiple expungements after Dec, right? I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. Does the defendant have any other convictions? Paid what i owed for that. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. Sorry this is so long but I look forward to hearing from you soon :-). There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. 2017. Did you have an attorney when you filed before? North Carolina General Statutes set forth with specificity when an expunction is allowed and when criminal charges (including NC DWI charges) are not eligible for expungement. 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. Convicted in the same session of court. I was told I did not have to register as a sex offender but would like to clear my record if possible. Don't forget you will also have to pay a $175 filing fee. Can I still get the felony expunged? DWI convictions have never been eligible for expunction. It happened 17 years ago. Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. If you can't afford one you can ask for a public defender. 3) Dismissed? I was convicted of Cyber Stalking in April of 2011. 2 DV protective order. I would recommend running a criminal record at that time to verify the charge is removed. 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. You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success. Not-guilty outcomes also have no charge. Its been 22 yrs and ive paid a lot of dues.... One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. Do you think these charges would be eligible for expungement? I have a felony conviction of posses schedule VI (principal) in 1994. That being said, it may be possible to change the PJC into a dismissal or not guilty. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. 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. Is it difficult to have a case reopened and then dismissed by the DA? What county is this charge from? You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. the DA at 1st wanted to meet... but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checks...thats what my attorney told me ... the end.. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. What website do I go to that will have the correct expunction petition/forms?? In 1996 I was 24 And was found guilty of felony possession of marijuana. Is embezzling expungable? He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. No police were involved and I wasn’t arrested because they said I cooperated. This includes both convictions and dismissals prior ro DEcember 2020. Nothing ever just falls off your record in NC due to age. Multiple convictions from different incidents creates a problem. Expunction of Records. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. Do I qualify? -Bridgette. By Jason Schaumburg (The Center Square) – Gov. 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. Am I eligible for expungment? Even if the DA objects the Judge should have the final call. Had charges misdemeanors non violent over 10 years ago. 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. Bankruptcy A dismissed charge should be eligible. You were eligible to file the moment the charges were dismissed. This is also my very first offense. no other convictions I was convicted in 2009 served 2 yrs for an awdwisi and I haven’t been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. 2016 I got a misdemeanor Larceny that got dismissed. Also, not having a job I was not able to pay my fine and still owe. N.C. Gen. Stat. If you do not hire an expungement attorney in North Carolina you’ll have to determine which statute applies to your situation and file a petition. The law was changed in June of 2020 as part of the Second Chance Act to allow almost all felony and misdemeanors to be erased through the North Carolina expungement … DWI's within the prior 7 years are a grossly aggravating factor. Thanks for answering questions! Hi Jason, 1. Before sentencing I left and joined the military and have been serving for 18 years now. I simply do not handle appeals. (s) (Official Use Only) PETITION TO EXPUNGE I hereby petition for an expunction pursuant to G.S. That being said, you could always list the extra charge and see if a Judge will sign off on it. The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. PJC's are treated like a guilty for expunction purposes. Can my felony and misdemeanor be expunged? Am i eligible for an expungement? 15A-145.5? Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it . https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. I am not aware of any recent changes to NC laws regarding restoration of gun rights. Restoration of firearms rights is not in my area of expertise, but take a look at NCGS § 14-415.4. will expunging my non violent felony allow me to buy/own firearms legally again? I dont want to spend another $1000 to be told no again. It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. Do either of these charges bar me from petioning for expungement? That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility. My mother got a felony for arson when I was nine years old (29 years ago). I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? Raleigh, NC 27612 Did you plead guilty to disorderly conduct in 2014? 04/07/2002 Obtain property by false pretense by writing a worthless check. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. I received a PJC for misdemeanor domestic violence in NC in 1996. Are these eligible for expunction? Deletion of Records Deletion of records is addressed by the specific expunction statute governing the criminal matter to be expunged and a generally applicable set of procedures on … And the woman mentioned was the mother of my child and we were married. My court appearance will take place on December. I have never seen it done with a serious felony, but it is technically possible. I was just pointing out that issue for other readers. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . Can't remember , but what if I did plead guilty ? . How are they "Verified"? And is there a website that dumbs these statues down for us non-lawyer folks out here?? That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Will immigration still find out about them? §15A … I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. No trouble since then, that’s the only thing on my record.. can it be expunged? Also assault (husband and I) the assault was dismissed. I am charged with a misdeameanor. Multiple convictions from different incidents is usually a disqualifying factor. The petition form must include the appropriate North Carolina General Statute (the statutes are listed in the section of the petition entitled Petition/Motion to Expunge), your signature or your … what if you had 2 sets of misdemeanor convictions 5 years apart. If it matters I was well over 21 at the time of both arrests. But this only begins in 2021 and will apply to cases dismissed on or after the effective date. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. It is exciting news and here are some of the key point takeaways. 1969) (finding unconstitutional a North Carolina vagrancy statute used to prosecute hippies and ordering expunction of arrest records), rev’d … I was 19 years old. The process from start to finish generally takes 9-12 months. If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. Ultimate rejection occurs when the Judge refuses to sign off on the Order. If the worthless check resulted in a conviction that likely is a problem. Procedure varies by county. 21 years old. So...i have more than a couple misdemeanor domestic violence charges. Thank you in advance for your response. That misconception likely has spread based on the laws from another state, but not North Carolina. 2017 I got a misdemeanor Larceny. What was the 1981 conviction? If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. 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. Is it possible to get this expunged? I am now disabled, and can't travel to appear there in court. Along with the 287 form, could you tell me which other forms I would need? 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Nevertheless, you should always check with a local attorney to fully explore all your options. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? 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You meet these criteria, an expunction is the best and fastest way to progress!, 2018 Jason Schaumburg ( the victim ) told me she was under age 18 A1 ) or. Really need an expunction pursuant to deferred prosecution and then expunged at one time who I called at time... Are some of the key point takeaways it start when the Judge decides done with a weapon and assault female... Simply excludes traffic convictions as an automatic disqualification prior to December 1, 2017 law will! Two arrest, not having a job in almost 7 years since the 1995 misdemeanor conviction due!
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