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March 26, 2012


At age 19 I was found guilty for Sexual Battery and accepted a plea bargain for Assault on a Female. The initial charge was from touching a females breast. I was wondering if there was anyway that this charge could be expunged along with other charges such as: simply affray (dismissed), simple assault (dismissed), having consumed alcohol while under the age of 21 and operating a motor vehicle (blew a .03) (charged).

Thank you

April 13, 2012

Jeff Cooper

Without actually reviewing your record, I'm not going to be able to affirmatively tell you about your eligibility for expungement.  However, dismissed charges, which occurred within one year of each other, can be grouped together for an expungement here in NC. (see NC Gen Stat 15a-146).  Assault on a Female is "probably" not expungeable, but cannot say for sure without reviewing your record.  Here's an interesting question – and one that I don't believe has been explored in North Carolina: the original charge of sexual battery, when it was modified to AOF, was it dismissed? Guilty of lesser?  Depending upon the way the District Attorney booked that change, the original charge may be expungeable even if the conviction is not.  That's something to think about, as the original charge will probably hurt future job prospects even more than the conviction.


Jeffrey M. Cooper, Esq.
Cooper Law Firm, P.C.

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