NC Expungement Information: Breaking & Entering is not a crime that is eligible for an expungement in North Carolina

Expungement Lawyer Wiley Nickel

Can you have a conviction for Breaking and Entering expunged from your criminal record in North Carolina?

If you were convicted of “Breaking & Entering” in North Carolina and you were 18 or older on the date of offense then North Carolina does not allow for an expungement of your conviction.

The expungement statute is § 15A-145.5.  Expunction of certain misdemeanors and felonies; no age limitation. It lists the specific crimes that are not eligible for an expungement and it rules out convictions for B&E under section (7a)  An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

Not allowed for Expungement under 15A-145.5

  1. § 14-56.  Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.

  2. § 14-54.  Breaking or entering buildings generally. (a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.

  3. § 14-54.  Breaking or entering buildings generally. (a1) Any person who breaks or enters any building with intent to terrorize or injure an occupant of the building is guilty of a Class H felony.

If you have a conviction for Breaking & Entering and you were under the age of 18 at the time of offense we may be able to help but would need to do a full evaluation to determine eligibility.

If you have questions about your eligibility for a North Carolina expungement you can call The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. We handle most of the counties in North Carolina for legal expunction work. Many people are eligible for expungements of dismissed charges and findings of “not guilty.” Even if your case is dismissed or you were found not guilty a record remains unless you petition the courts for an expungement.


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.