Wake County Felony Diversion Program for First Offenders

Are you a first-time offender facing a felony charge in the Raleigh area?  If so, you may be eligible for Wake County’s Felony Diversion Program, which offers first offenders a unique opportunity to earn a dismissal of certain felony charges.

General Eligibility Criteria:

§  No prior felony convictions, drug convictions (misdemeanor or felony), or misdemeanor convictions involving moral turpitude;

§  No previous participation in a deferral program;

§  No other pending misdemeanor or felony charges.

Eligible Offenses:

§  Limited to specific Class H and Class I felony property offenses, including:

o   Felony Breaking & Entering (non-residential);

o   Felony Larceny (non-residential);

o   Felony Possession of Stolen Goods/Property;

o   Larceny from Employer;

o   Embezzlement;

o   Obtaining Property by False Pretenses;

o   Uttering Forged Paper or Instrument;

o   Forgery;

o   Financial Transaction/Credit Card Theft;

o   Conversion.

Program Requirements:

§  Sign a written admission of guilt;

§  Complete 225 hours of community service during the 1 year deferral period (at least 18 hours per month);

§  Pay $250 community service fee, $180 in court costs, and any restitution that may be owed;

§  Maintain employment and/or attend school;

§  Maintain monthly contact with Community Service Coordinator;

§  Remain out of any further criminal trouble (no new felony or misdemeanor charges);

§  Abide by any additional special conditions imposed.

At the end of the one year deferral period, if you have completed all the program requirements, the case will be dismissed by the DA’s office, and you may be eligible to have the charges completely expunged from your record.

If you’re facing a felony charge in Wake County, call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation.  One of our experienced Raleigh criminal lawyers will explain how we can help get your felony charge dismissed and expunged from your record entirely.


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.