The wait time for those will be dropped to only 5 years. There are three levels of misdemeanors: the most severe misdemeanor is a class 1, while the least severe is a class 3. Criminal Expungement on Your Christmas Wish List? NC General Statutes - Chapter 15A Article 5 1 Article 5. (a) Offense Classification; Default Classifications. 0 users found helpful. Regarding your first question, I believe Class 3 misdemeanor possession of marijuana (that is, possession of 1/2 ounce or less) is a fine-only offense unless the defendant has four or more prior convictions. Michelle Sparrow Sparrow Law Firm. Show 5 more. This is the least serious type of misdemeanor offense. It can be difficult to keep a job or get an apartment with a criminal record, even a misdemeanor. A … A misdemeanor is any crime considered less serious than a felony and thus is not punished as severely. As NC expungement attorneys, we get that question a lot – and the short answer is no, it doesn't just go away. Before we dive into the specifics, we should refresh our memory about the newly revised expungement law. The new law cuts the wait time to 10 years for first-time, non-violent felonies. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. As another example, suppose someone is convicted of a Class A or 1 misdemeanor. Class 1A misdemeanors hold the highest amount of punishments while Class 3 Misdemeanors hold the lowest amount of punishments. For the most part, it's like the crime never even happened. It has now been about 5 months since the conviction, and I have new attorney. Please enter your information and someone from our firm will reply soon. Given the detail involved, it is essential that you reach out to an experienced North Carolina criminal defense attorney for help navigating the complex expungement process. Misdemeanor Expungement. However, we would need more information in order to assist you. Expunge certain drug convictions for first offenders under 22 at the time of the offense. There are about 20 different AOC forms that are available online when searching the word "expunction," and the new forms have now been released. Is Self-Defense Considered Assault in North Carolina? Oregon law states that after the lapse time of three years from a sentence completion, a criminal defendant may apply to the court for expungement. Prior Conviction Level. That said, there will still be a trace left for prosecutors and law enforcement officials to locate. Misdemeanors include infractions … Assuming that a person learns that her misdemeanor conviction can be expunged and that she is eligible for expungement, she should get information on the expungement application process. The measure deals with expungements and aims to streamline the process, making everything easier and faster for those looking to clean their record. However, you could be eligible for criminal record expungement, which essentially clears the misdemeanor from your record and gives you a fresh start. Any person who was under 22 at the time of the offense and has been found guilty of (1) misdemeanor possession of a controlled substance or (2) felony possession of a controlled substance under G.S. Hello: I'm hoping to have a Class 3 misdemeanor expunged from my record (in VA). 0 attorneys agreed. Additionally, Class A1 misdemeanors are also ineligible for expungement. A Class 3 misdemeanor, the least serious type of misdemeanor, carries a maximum penalty of twenty days in jail and a $200 fine. Not all states will allow every misdemeanor to be expunged and if you have multiple misdemeanors on your record you will need to make a separate application for each one. 15A-145.5. Misdemeanor assault on police officer about 7 years (2005 or 2006) ago in Cabarrus county NC, I was 37 or 38, no prior record, no incidents since. 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