How Long Does a Charge Stay on My Record?

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It’s a myth that charges will only stay on your record in North Carolina for seven years. Rather, charges in North Carolina stay on your record forever unless you have petition the court to have them expunged. Some employers may only go back so far to check your background, but some may look at your complete criminal history. Nothing in North Carolina forbids an employer from looking at your criminal background beyond seven years.

You can have certain charges in North Carolina expunged from your record, depending on what the charge is, when it was received, and what the disposition of it was. Any charge that was dismissed can generally be expunged, minus a few exceptions (such as if you signed an agreement with the Assistant District Attorney that you would not seek an expunction on the charge).

If you pleaded guilty to the charge and were over 18 at the time of the charge, you must wait 15 years before the charge can be expunged in North Carolina. That charge will remain on you record until it is expunged, if it can be.

Please note that not all charges in North Carolina can be expunged, including DWI convictions. Contact The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation on whether your charges can be expunged, and what the process is to do so. Our office handles expungements in all 100 counties in NC, and most everything can be done by phone or email. Email us at wiley@wileynickel.com for more information. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.