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I was going through a divorce in 2009 ex showed up in middle

of night drunk at my...
I was going through a divorce in 2009 ex showed up in middle of night drunk at my new residence and assaulted me and a lady that was with me. Her son showed up later that day and punched me in the face. Police were called on both instances. I pressed assault charges on both and a restraining order on her. They retaliated and pressed assault charges on me. This was in north carolina. She had a lawyer and her lawyer in court asked if I would drop the restraining order and that she would have a court order drawn up stating that she could never contact me again in any way. A.l was droppped. And dismissed and forgotten about. I applied for an apartment here in Clearwater last week and the core logic company said that I had 2 assault cases show up one. Assault on a female and simple assault . What can I do. I had no idea this was there.
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Answered in 7 minutes by:
8/17/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,420
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Hello,

Just to be clear the assault charges were dismissed by the prosecutor, correct? Also, the charges were filed in NC and not Florida as you have listed, is that correct?
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Customer reply replied 4 years ago

Yes all was dismissed and the prosecuted ordered her to never contact me again in any form, text phone email etc.. and yes this was in north carolina

Customer reply replied 4 years ago

She had 2 assault charges and 2 trespassing charges and the restraining order

Customer reply replied 4 years ago

Yes not sure if you received my last response

Thank you for that information. The good news is that you would qualify for an expungement of the charges from your record. Once those are expunged, they will no longer show up when a background check is done unless it is an FBI background check. Only Federal and State agencies and professional licensing organizations conduct FBI checkes. You can find the form you will need to file out and file with the court at: http://www.nccourts.org/forms/documents/1202.pdf

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Customer reply replied 4 years ago

Will this cost me to have expunged

Yes, but just a filing fee for the petition. That shouldn't be very much. If you tell me what County your charges were filed in, I can try to check to see what the filing fees are.
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Customer reply replied 4 years ago

Mcdowell

Customer reply replied 4 years ago

How long does this take? I will probably lose my deposit and was moving next Friday. Already made arrangements

I don't see the filing fees, but if you go to this link, you can find the phone number to contact the Court Clerk and ask: http://www.nccourts.org/County/McDowell/Directory.asp
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Marsha411JD
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