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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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if you have a misdemeanor child abuse charge on your record

Customer Question

if you have a misdemeanor child abuse charge on your record since 1993, is it possible to get an enspongement? I did not do what I was acused (they tried to say I broke my child arm during the time of her getting a spanking. I admitted that I HAD SPANK HER BUT i DID NOT TWIST OR BEND HER ARM IN ANY WAY AND THE DOCTORS EVEN SAID THAT HER ARM COULD NOT HAVE BEEN BROKEN OR FRACTURE FROM A SPANKING, BUT THE OFFICER SAID THAT HE HAD TO CHARGE ME WITH SOMETHING. I never went to court or jail. the lawyer handling everything. Looking back on hind site I believed that I was misresprented to protect all that was involved. I did however take some parenting classes and some anger management classes, although I wasn't guilty. of but my lawyer at the time told me to plead no contest which I did not know that it meant the same thing as guilty. I thought my records was cleared until I applied foe a job working @ a daycare center and the employer told me that I had misdemeanor on my record.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • 1. You mentioned that you "never went to court or jail" but also indicated that you entered a plea of no contest. I just need to verify, you did, in fact, enter a plea to the offense?
  • 2. You mentioned parenting classes and anger management classes. Were these part of a plea bargain with the prosecutor?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

And yes, this is confidential, I simply respond to YOU and you do whatever you deem appropriate with the information.

Customer: replied 5 years ago.
Hi Mr. Joseph,
I was replying to your questons and I lost the page I had to start over, now I have a meeting to attend, but I will reply as soon as I get back. (around 8:30 p.m.)

Thank You,
BraidyCuts
Expert:  Joseph replied 5 years ago.
Not a problem, I'll be looking for your response.
Customer: replied 5 years ago.
I took my daughter to the hospital because I notice that she was holding her arm funny, after we got there she was exaimed and they said that she had fracture her arm and because I could not explain how it happen and because it was discovered on the day at the hospital on the day she had gotten a spanking someone at the hospital had reported the case as child abuse, because they started asking me all kinds of questions in which I was in no frame of mind to answered because I was really concern about my daughter. The next day a police officer came to the apartment and started questioning me, and although the doctors at the hospital said that the fracture of the arm could not have been from getting a spanking, the police said that they still had to charge me with something, just because the hospital had call this in. I think he told my husband tthat he was going to charge me with the smallest felony that he could. he gave me a court date and my husband at the time got a laywer for me, we met in his office and he ask me to tell him what happen and I did, then hetold my husband that he would need a $200.00 retainer fee to get the case started. My husband was working at a high profile job at the time and the lawyer said I know you want to keep this on a low profile and the answer was yes, so the lawyer said ok let me handle it. So for a couple of weeks we did not hear from him. Then he call us into his office again and he said that he had went before the judge and pleaded my case and he said he pleaded no contest (which at the time I ask him did that mean I was found not guilty and he said yes) because I told him that I wasn't guilty. I never had to go to court or jail. But sometime in that week a socialworker came to see me and she told me that because I was a stay home mom, I had to find a daycare for my daughter to attend for one month.(I still had two other children in the home and they were allowed to continued to stay home with me) She also told me that I had to take some parenting classes in which the subjects dealt with how to control stress, anger, time management ect. Since I did not have to go to court or jail I thought was part of the situation that had to be done, so I went on about my life as a God fearing woman always taking my children to church and trying to raise them up as good citizen.So I thought my record was cleared since I had done all that the lawyer and the social worker had asked me to do. Then last year I heard about a job opening at a daycare center and I applied for it and the lady was nice enough to call me to ;et me know that they did a record check and on my record was the child abuse charges coming up on my records. I was told just to leave it alone because I was going to open up a can of worms, so I didn't do anything because I thought there was nothing I could do, but then I just found out that I could looked into getting an emspoungement, so I hope you can really get my name cleared. The only thing I've done against the law is driiving to fast and getting three traffic tickets. Thanks BraidtCuts
Expert:  Joseph replied 5 years ago.

I did some research for you on North Carolina law and it appears that you are eligible to have your records expunged. This statement is based hugely on your statement that indicates you were NOT convicted of any crime but rather the charges were dismissed in exchange for you taking some parenting classes. You are likely NOT eligible for an expungement if you WERE convicted of a crime.

 

At any rate, North Carolina law permits an expungement when the charges were dismissed or you were found not guilty. As it appears that the charges were dismissed, you should be able to obtain that relief so long as you haven't had any other charges and at least 18 months has passed since these charges were dismissed.

 

The easiest way to get this accomplished would be to retain the services of an attorney, they could handle all the paperwork for you and make sure everything is done quickly and properly. If this is not possible, go to your local clerk of court and request a packet for an expungement. Then, simply follow the instructions!

 

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

Customer: replied 5 years ago.
I went to the countycourthouse and they told me that they could not pulled my records because they had no juridition in N.C. So will you be able to geet the information expungement package from the N.C. courthouse in order for me to apply for an expungement. Also if you can recommend a lawyer to help me I would be so very thankful.

Thanks,
Braidycuts
Expert:  Joseph replied 5 years ago.

I'm sorry, I either didn't notice or forgot that you didn't live in North Carolina when I suggested you should go to the "local clerk of court". My apologies.

 

Let me try again....

 

You should contact the clerk of court in which the offense occurred. If that is not convenient as it's too far away, they likely have an internet site. I can't look it up as I don't know the county, but it's quite simple. Just go to any search engine, such as Google or Yahoo, and enter "sample county clerk of court". You should find it quickly. Once you do, check for a link for expungement or sealing or documents or some other such term. If they don't have it online, you can call them tomorrow.

 

If you hire an attorney, he could handle ALL of this for you. Unfortunately, the rules of Just Answer do not permit us to recommend any attorneys. However, you can search this also. Look for criminal law attorneys in the area of the offense.

 

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

Customer: replied 5 years ago.
After I acccept your answer,will I be able to continued to ask questions without being charge again? especially If I can't find the info on line. also do you have the phone number for the Guilford county Courthouse or N.C.?
Expert:  Joseph replied 5 years ago.

You should absolutely feel free to continue asking related questions after accepting my answer! I usually log-on several times throughout the day so, if you don't get an immediate response, it likely won't be more than a few hours before I get to you.

 

As to the phone number for the courthouse, I looked it up on-line and found this:

  • Main - Greensboro -(NNN) NNN-NNNN/div>
  • Alternate - High Point -(NNN) NNN-NNNN/div>

I hope this helps!

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Joseph
Joseph
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I have 15 years experience in criminal litigation including several years as a felony prosecutor