I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. What can I do? Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. Do you have multiple convictions in different years- 2012 and 2017? The charges were in Rutherford county North Carolina. To be up after probation or does it start when the offense happened. I caused no accident, I never had any arrest prior or since. Is it worth getting my recorded cleared? 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. 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. Thank you. Automatic expungement: In 2020, as part of its Second Chance Act, North Carolina made expungement of most non-conviction records automatic. You should speak with an attorney where the charges originated to determine what options you have at this point. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. 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. I was giving probation and completed and have not been in any trouble prior or since. Do either of these charges bar me from petioning for expungement? Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! Both tickets have the same date of disposition (and occurrence). I was told by the judge that they no longer had jurisdiction over my case because my probation had expired....is this grounds for expungement? Thats how I got the pjc I guess. I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. I do not have the answer as to whether it will allow you to obtain a gun permit. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. 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. 04/07/2002 Obtain property by false pretense by writing a worthless check. The judge put In my file not a threat to the person I assaulted. Any non-guilty verdict results in immediate eligibility for expungement. For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? 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. Thanks! Would I be able to get the dismissals removed from my record? Happened when he was 18 had deferred judgement that he didn’t finish requirements so ended up with conviction. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Also, if the deferred prosecution goes through and she completes what the judge requires, will it be considered dismissed under the that? 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. This is also my very first offense. You should be eligible assuming you have no other convictions besides traffic offenses. 24 years ago . I believe it could, although I have never encountered that scenario. Does it start a conviction. I’ve did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. Thank you in advance for your help. I am now disabled, and can't travel to appear there in court. I am not aware of B&E being automatically considered violent in NC. No trouble since then. We would be glad to speak with you about your record and how these new expungement laws may help you! The Act broadens the availability of expungement of … PJC's are treated like a guilty for expunction purposes. Placed on 30 months probation. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? Convictions involving violence are simply not eligible per NC statute. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. It did not affect any employment. Charges never automatically drop off a record after a certain number of years. Can I get it expunged and what AOC would I need? My father is now deceased. Multiple felony convictions from different incidents usually make you ineligible for any expunction. If you were able to do that then you could probably get everything expunged. Probation will be done in 2019. The four categories are: … She (the victim) told me she was coming to court to tell them what happened but didnt show up. Does a second degree kidnapping conviction qualify for expungement? If your civil rights are restored can a person legally apply for a concealed weapon permit? 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. I pled guilty to unauthorized use of a vehicle. will expunging my non violent felony allow me to buy/own firearms legally again? ​The answer is maybe. What do you think? I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Paying a fine= pleading guilty. I was 24 then; I hadn't begun to consume alcohol until I was 26! 3) Dismissed? 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. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. Hello Given the 2 convictions occurred within 2 months of each other..what is process other? Only lower level Class H and Class I felony convictions are eligible per NC statute. Any special form for it? That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. There is also no fee to erase a not-guilty verdict. I was over 21 y/o when the incident occurred. 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. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. 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. You would need to speak with someone in Wake county as that is where the petition would have to be filed. No convictions since. I finished it all on 5/5/13. can i get a assault on female expunged? What county was the conviction from? That being said, you could always list the extra charge and see if a Judge will sign off on it. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). 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 two class F felonies and two class I felonies 18yrs ago. NC Expungement Statutes N.C.G.S. Would that be considered a violent crime? Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. 25 years ago in college, I pleaded guilty to a charge and had it expunged. It may depend on the facts of the case as convictions involving violence are not eligible. 02/27/1997 Simply Assault For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. and that MAR thing? § 15A-146. This is exactly what I thought to not pay anything. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Options such as assault, are not eligible for expunction 10 years in prison then it should be eligible to. And they charged me even thought she assaulted me been at least until 2019 been told that it can be! 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