Cameron Miranda
Robbery offenses are among the most serious felonies anyone can face, and the outcome of these charges can change a person's life. Robbery is defined as the taking of property from another without their permission by force or by threat of force with the intent to permanently deprive them of that property. Common Law Robbery is a Class G felony, which means that a conviction cannot be expunged, and even a first-time offender can be sentenced to more than a year in prison. Robbery with a Dangerous Weapon is a Class D felony, one of the most serious crimes, and is punished more severely. While expungement laws vary by jurisdiction, and not all criminal offenses are eligible for expungement, it is nearly impossible to expunge serious violent crimes like murder, arson, and rape, from a criminal record.
| Characteristics | Values |
|---|---|
| Is a common law robbery charge expungable? | No, it is a Class G felony and cannot be expunged. |
| What is the only way it can be expunged? | Through a governor's pardon. |
| What is the expungement process? | It involves sealing criminal records from the general public. |
| Who decides if a record can be expunged? | A judge rules on an expungement request. |
| What are the benefits of expungement? | Potential employers and landlords will no longer have access to the criminal record. |
| What are the requirements for expungement? | Completing the terms of the sentence, not getting arrested again, completing parole or probation, paying fines, and completing community service. |
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What You'll Learn
Common law robbery is a Class G felony
Robbery is a felony offence in North Carolina. Common-law robbery is a Class G felony, which is punishable by up to 47 months in prison. The prison sentence for a Class G felony ranges from 8 to 31 months. This type of robbery involves taking something of value (theft) from another person by using or threatening to use force or violence.
Robbery with a dangerous weapon is a more serious offence than common-law robbery and is classified as a Class D felony. This type of robbery can result in a prison sentence of up to 204 months. Attempted common-law robbery is a Class H felony, while attempted armed robbery is a Class E felony.
In North Carolina, larceny can quickly escalate into a robbery charge if the state claims a threat of violence was present. This means that what would otherwise be considered a simple case of stealing can be elevated to a robbery charge, which carries more severe penalties.
The eligibility for expungement of a robbery conviction depends on the state and the specific circumstances of the case. In North Carolina, dismissed charges can be expunged, and some Class H and I felony convictions can be expunged after 15 years. However, common-law robbery is a Class G felony, and Class A-G felonies are excluded from eligibility for expungement. The only way to potentially expunge a common-law robbery conviction is through a governor's pardon, which may be very difficult to obtain.
The presence of a robbery conviction on one's criminal record can have significant negative consequences, impacting one's ability to find employment and be a productive member of society. It is advisable to consult with a criminal defence attorney who can provide specific legal advice and determine the best course of action based on the individual's unique situation.
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Robbery with a dangerous weapon is a Class D felony
Robbery with a dangerous weapon is a more serious offence than common law robbery. Robbery with a dangerous weapon is a Class D felony. This includes the use of a firearm. In North Carolina, robbery is a common-law crime and is considered a violent crime.
To be convicted of robbery with a dangerous weapon, the following must be proven: the taking or attempted taking of property was from another person or from a residence, business, bank, or other location where another person was present at any time of the day or night. The robbery was committed through the use of a dangerous weapon, threatening their life or endangering their life.
The maximum sentence for a Class D felony is 204 months in prison. In addition to active jail time, other terms and punishment conditions can include losing the right to own or possess a firearm, the right to vote, the right to serve on a jury, and the right to work in state offices or in occupations requiring federal or state licenses.
If you have a robbery conviction on your criminal record, you may be able to get it expunged. An expungement is a way to clean your criminal record by having your prior criminal conviction dismissed and set aside. However, robbery with a dangerous weapon is expressly excluded from the expungement law. The only way it can be expunged is through a governor's pardon.
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Robbery convictions impact job prospects
Robbery is typically classified as a felony, which can have a significant impact on an individual's job prospects. Felony convictions can limit employment opportunities and affect various aspects of life, including financial stability and housing.
With the increasing prevalence of background checks in the hiring process, employers often screen applicants for criminal records, which can lead to immediate disqualification, particularly for roles requiring high trust, such as finance, healthcare, or law enforcement. Even without formal policies, a negative workplace culture towards those with criminal records can create a hostile environment or limit advancement chances.
Additionally, robbery convictions may result in legal restrictions that prevent individuals from pursuing specific careers. For example, convictions involving financial crimes like embezzlement may bar individuals from working in financial institutions or handling money. The loss of professional licenses or certifications can further narrow employment options.
The public nature of criminal records means that prospective employers, colleagues, and clients can easily access this information, potentially overshadowing an individual's qualifications and skills. This accessibility underscores the importance of honesty and disclosure during the application process, as omission can result in immediate termination if discovered later. However, employers may appreciate transparency and demonstrate willingness to give candidates a chance if they show remorse and a commitment to reform.
While a robbery conviction can present challenges, it is not an insurmountable barrier to career success. Strategies to enhance employability include obtaining additional education or certifications, focusing on rehabilitation and personal growth, and seeking professional legal guidance to navigate the complexities of employment with a criminal record.
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Expungement laws vary by jurisdiction
The laws and processes surrounding expungement vary across different jurisdictions. In the United States, expungement laws differ from state to state. While some states allow for criminal records to be sealed or expunged, others do not permit expungement or only allow it under very limited circumstances. Each state has its own laws regarding which records are eligible for expungement, which offenses may be expunged, the procedures for application, and the management of records under an expungement order.
For instance, in North Carolina, dismissed charges can be expunged, and some Class H and I felony convictions can be expunged after 15 years. However, a common law robbery is classified as a Class G felony, which is excluded from eligibility for expungement. The only way to potentially get this type of conviction expunged in North Carolina is through a governor's pardon, which can be challenging to obtain.
In California, there are several post-conviction remedies that are referred to as expungement. For misdemeanor and felony crimes not involving a sentence in state prison, a petition for expungement can be filed in the court of conviction, seeking to have the conviction dismissed. Additionally, California's Penal Code 851.8 provides that defendants whose cases have been dismissed or who were never charged after an arrest may petition for a Declaration of Factual Innocence. If granted, all records of arrest and prosecution are sealed for three years and then permanently obliterated.
Alabama passed expungement legislation in 2014, allowing for expungement in multiple situations, although applications, court fees, and lawyer fees are the responsibility of the applicant. In contrast, Arizona's expungement equivalent is "setting aside" a conviction, where a defendant can petition the court to have their conviction set aside after meeting the terms of the sentence.
The expungement process typically starts with an individual or their attorney filing a petition to expunge their records. The specifics of eligibility and the requirements for expungement vary depending on the jurisdiction, so it is essential to research the laws of the relevant state.
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The expungement process can be navigated with the help of a criminal defence lawyer
The expungement process can be complicated and lengthy, and it differs across states. Therefore, having a criminal defence lawyer to help navigate the process can be extremely beneficial. While it is not a requirement to have an expungement attorney represent you during the expungement process, it can be helpful in determining what paperwork needs to be filed and how to file it.
An experienced expungement lawyer can guide you through the complicated process and ensure you do not encounter any problems that people often experience when seeking an expungement on their own. The attorney will handle things like filing the expungement petition and other necessary motions with the court and representing you in court if necessary. The attorney will also research your old case to ensure that all eligible records are covered in the petition for expungement. These items can include a court record, arrest record, criminal charge document, court order, or other types of documents.
In some states, juvenile records are automatically expunged when a person turns 18. However, in states where this is not the case, it is advisable to work with an expungement attorney to petition the court for expungement. This can make it significantly easier to obtain housing, employment, and other services. Similarly, in California, expungement can be sought for both misdemeanors and felony convictions, with some restrictions. Misdemeanor expungement can be done after successfully completing probation. Felony expungement is possible in many cases after completing probation instead of serving time in state prison.
Additionally, some states have specific requirements for expungement. For example, in New York, there is a recently passed law called "Sealing of Criminal Records" that allows defendants to apply to have their records sealed. An experienced expungement lawyer can explain the details of what needs to be included in the petition for sealing.
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Frequently asked questions
Common law robbery is a Class G felony in North Carolina, which means that a conviction cannot be expunged. Robbery with a dangerous weapon is a Class D felony and is also not eligible for expungement. The only way to get either of these charges expunged is through a governor's pardon.
In California, robbery convictions can be expunged under Penal Code Section 1203.4. This allows you to have your prior criminal conviction dismissed and set aside, which means potential employers and landlords will no longer have access to your criminal record.
Getting a robbery charge expunged can give you a clean slate and a fresh start. You will no longer have to tell potential employers that you have been convicted of a crime, and state licensing boards will not be able to deny you a state license based on your conviction.
