Major Changes for North Carolina Expungement Eligibility on the Horizon!

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North Carolina Expungement Bill passes the NC Senate. This bill would bring major changes to North Carolina Expungement law.

Senate Bill 562 passes the Senate by a vote of 44-0. The bill moves on to the House for expected passage and then a signature by Governor Roy Cooper.

  • New Eligibility Rules for those with convictions from under the age of 18. Almost all H and I Felony Convictions and almost all misdemeanor convictions are now covered minus DWI related or sexual registry related convictions under the age of 18. Multiple convictions are also covered. If you have anything on your record that happened before you turn 18 you should call for a free consultation today.

  • Automatic dismissal expungements. Starting on July 1, 2020 the process would become automatic after most dismissals or not-guilty verdicts.

  • New Eligibility Rules for those with multiple nonviolent misdemeanor or felony convictions. The current law just allows people get one conviction. The law would soon allow for those with more than one conviction on different dates to seek relief.

The new law would go into effect on December 1, 2019 for convictions and on July 1, 2020 for automatic dismissals after the case finishes in court. The bill applies to offenses committed before that date. Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process.

This law change could help many in North Carolina. If you have questions about whether you are eligible for a North Carolina expungement if this bill becomes law please call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation.

The State: Second Chance Act … bills pass in the NC Senate

SECOND CHANCE ACT

“▪ SB 562: The Second Chance Act bill would automatically expunge the records of people who had charges dismissed or were found not guilty of nonviolent and nonsexual crimes. The bill passed the Senate with bipartisan support after an amendment to take out language that would have included traffic violations.

Sen. Danny Britt Jr., a Republican who represents Robeson and Columbus counties, described it as a jobs bill. He said that it gives people a better chance when applying for jobs or renting an apartment. The expunction process would be a click of a button, he said, and would not burden clerks.

“What this is is a jobs bill to get these people back into society, where they should be,” Britt said.

Sen. Floyd McKissick Jr., a Durham Democrat, said this would make sure that when someone is found not guilty or charges dismissed, “they aren’t burdened with a scarlet letter their whole lives.”

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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.

Marijuana Charges in Raleigh

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It's easy enough to argue how misguided the "War on Drugs" is. When talking about marijuana in North Carolina, it's that much easier. Cannabis grows on a plant, and can be used unaltered by man. Its negative physiological effects are mild, and it certainly poses no greater threat to society than alcohol or tobacco.

Yet our federal and most state governments have chosen to make the mere possession of pot or weed illegal, with even greater penalties for its sale and cultivation. Trafficking marijuana can lead to mandatory minimum prison time and millions of dollars in fees. As a result of our government's crackdown on this harmless plant, great harm has befallen many, and may come to you if you face any kind of marijuana charge.

Raleigh Marijuana Lawyer

At The Law Offices of Wiley Nickel, PLLC, we fight for the rights of those facing any kind of charge involving marijuana. An experienced and skilled Raleigh marijuana defense lawyer can be on your side during this stressful time. We will challenge the prosecution's assertions, arguing to suppress illegally gotten or otherwise inadmissible evidence.

We will work to have your charges reduced or dropped. Often we can work on dismissal deals in exchange for drug classes for first offenders. Call us today at (919) 585-1486 to set up a free consultation.

Raleigh Drug Diversion Program

Some first-time marijuana offenders may be eligible for a diversion program offered in Raleigh. Under the diversion program, you are granted a dismissal in exchange for taking drug classes. If you complete the drug classes, stay out of trouble for six months and pay the costs, the charges are dismissed.

Prosecutors agree to programs on a case-by-case basis. Your lawyer can help negotiate for your acceptance into the program, should you decide it is your best option.

The Law Offices of Wiley Nickel, PLLC | Raleigh Marijuana Arrest Attorney

If you face any kind of marijuana charges, have an experienced criminal defense attorney on your side. We fight for the rights of those facing marijuana charges at The Law Offices of Wiley Nickel, PLLC. A Wake County marijuana lawyer from The Law Offices of Wiley Nickel, PLLC will fight to suppress evidence and seek to have the charges against you reduced or dismissed. Call us today at (919) 585-1486 for a free consultation. Our office is conveniently located in Cary, NC.

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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.

Marijuana Possession Defense Attorney: Raleigh, NC

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Marijuana is a controlled substance in North Carolina and being charged with possession or intent to sell it can greatly impact your future educational and employment opportunities. At the Law Offices of Wiley Nickel, we focus on misdemeanor drug charges.  We have a proven track record of success when dealing with marijuana charges and our criminal defense lawyers know how to properly defend your rights in court.

Contact our Wake County criminal defense attorneys for advice on what to do about your drug and marijuana charges. You can be confident that you have an experienced and dedicated team protecting your interests and providing you with competent answers to all of your drug offense related questions.

Our Raleigh lawyers fight marijuana charges routinely. The main issue the prosecution is concerned about in most cases is the amount of marijuana in the accused's possession at the time of the charge. The more marijuana you are charged with, the greater the punishments can be.

No matter what amount of marijuana was in your possession, we will investigate the matter and analyze all of your defense options. You can rely on our team of criminal defense lawyers to provide you with a solid defense to your drug charges.

Participating in substance abuse classes pursuant to N.C. General Statute 90-96 can give you a second chance in North Carolina. Drug Classes can enable us to have your charges completely dismissed, and then allowing you to have all of your public records erased through the expungement process. We will inform of you whether or not you qualify for this program and guide you through the entire substance abuse assessment process.

We also provide dedicated criminal defense counsel to those who have multiple drug charges on their record. Having multiple charges could disqualify you for drug treatment classes and increase your criminal punishments such as probation, jail time and fines.

Whether you have been charged with marijuana possession or drug trafficking, we have the knowledge and skills required to assist you. We offer reasonable fees. Payment plans are available and credit cards are accepted. Contact a criminal defense lawyer at the Law Offices of Wiley Nickel, PLLC for a free initial consultation. Our office is located in Cary and we can be reached at 919-585-1486.

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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.

15% of North Carolina Drivers are driving on a Suspended Drivers License.

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About one in seven North Carolina drivers currently has a license suspended for failure to appear in court or failing to pay court costs or court fines, according to a report issued by Duke University School of Law.

“[I]n this analysis of North Carolina data, we found that there are 1,225,000 active driver’s licenses suspensions in North Carolina for non-driving related reasons, relating to failure to pay traffic fines and court courts, and failure to appear in court for traffic offenses. These suspensions constitute about 15% of all adult drivers in the state. Of those, 827,000 are for failure to appear in court, 263,000 for failure to comply with orders to pay traffic costs, fines, and fees, and 135,000 for both. These suspensions are disproportionately imposed on minority residents. Of those with driver’s license suspensions, 33% of those with failure to appear suspensions are black and 24% Latinx, while 35% were white.”

In Wake County court costs and fines for speeding tickets generally range from $188 to $263.  For those who do not show up or pay their costs they can find their license is suspended.  Often the DMV will mail notice of the suspension but the individual will not receive the letter and could be driving with a suspended license for months or even years without knowledge of the suspension.

If you are charged with driving while license revoked (DWLR) or driving on a suspended license in Wake County, North Carolina we can help.  Contact The Law Offices of Wiley Nickel, PLLC for a free consultation to learn more about how we can help get you back on the road with a valid license.  Our office is located in Cary, NC and we can be reached at 919-585-1486.

Comment

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.

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