Legal Question in Criminal Law in North Carolina

My son got class 1 misdemeanor with school, that's his first offense. He is a straight A student throughout middle and high school, but made a huge mistake. Will we be able to expunge his misdemeanor? He is currently 16 years, sophomore. What is the possible penalties? He is a good kid but hes temper is really bad, which its my fault as a parent, but I really don't want this to ruin his life, he has dreams, goals and a bright future ahead of him but I'm really concerned right now.

Please help, thank you in advance.


Asked on 3/20/14, 2:14 pm

1 Answer from Attorneys

Some of the best people come from the worst parents and some of the worst people come from the best parents. Your son is a person who makes their own decisions and is responsible for their own behavior regardless of how they were raised. Your sons inability to control his temper is his problem and his poor decision making - not your failure as a parent nor is it your stellar parenting that is responsible for his A's - again his responsibility, his choice. That said, a child may tend toward making poor choices because they know mommy and/or daddy will bail them out if the heat gets too hot - and that, is a parents fault. As to the possible penalties there are lots of class 1 misdemeanors and sentencing can sometimes be based on a lot of different factors so it is impossible to tell what the penalties would be based on the information you have provided. He may be able to get an expungement but it would be of limited value. Any job more important than say a McDonald's burger flipper is going to specifically inquire about expungements so he'd most likely have to disclose anyway. What your son needs to do is grow up and accept responsibility for his behavior and choices, hire a lawyer and let the chips fall where they may. Depending on the circumstances of what he did and the policies of your local district attorney and the assigned judge, a lawyer may be able to work out a deal involving community service to earn a dismissal, a PJC or perhaps some other option that will keep his record clear. You son also needs to pay for his own attorney by working around the house for you as well as what ever odd jobs or teen employment he can find. Wanna be a good parent? Show him what responsible people do when they screw up.

Read more
Answered on 3/20/14, 5:11 pm


Related Questions & Answers

More Criminal Law questions and answers in North Carolina