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.

New NC Expungement Law Takes Effect December 1, 2017!

New changes to North Carolina expungement law take effect tomorrow on Friday December 1, 2017.  

The new changes will allow for unlimited dismissal and not guilty expungements (assuming no current criminal cases, felony convictions or criminal cases in VL status). 

The new law will shorten the wait time for eligible misdemeanor conviction expungements from 15 years to 5 years for the wait time.  This will mean that many people will be able to get rid of that one conviction that could be holding them back from getting a good job.  

The new law will shorten the wait time for eligible low level felony convictions from 15 years to 10 years wait time.  This will again help many people get that one stupid mistake on their record behind them much faster (assuming eligibility).

Please call The Law Offices of Wiley Nickel, PLLC for a free consultation to see if you qualify for an expungement with this new North Carolina Expungement Law that goes into effect on December 1st of 2017.  You can reach us at 919-585-1486 and our office is 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.

North Carolina Expungement Information

In North Carolina, you may have your criminal record expunged, i.e. erased, however not everyone is eligible for an expungement.  If the North Carolina expungement petition is granted, and your record expunged, then each agency who had any involvement with the case will destroy the records.  This does not include all of the records kept by the Administrative Offices of the Counts (“AOC”).  AOC must keep an account of all expungements, should someone attempt to have another case removed from their record when they are not allowed to do so.  North Carolina allows only one expungement for a dismissed case one time in a lifetime.  This means you must carefully consider whether or not you wish to move forward. 

·        (There is a bill in the legislature that would allow two dismissal expungements.  If passed in the summer of 2015 it would go into effect in December of 2015.  We will be closely monitoring this piece of legislation.)

In the majority of cases, after your record is expunged, you would not have to divulge the fact you were arrested, charge with a crime (providing this was the only one), or ever convicted in certain situations.

Charges which were Dismissed or found Not Guilty.  Your case may qualify for expungement. However, an expungement is not allowed if the following have occurred:

v  You have already had an expungement of another case dismissed case

o    The State of North Carolina only allows one dismissal expungement in your lifetime

v  You have been convicted of a Felony

v  You have any pending charges against you

v  The case pertains to a traffic violation

Your identity was stolen.  The case against you was a result of someone taking your identity, i.e. using your name, date of birth, etc.  You may petition to have the record expunged if the charges were dismissed, resulted in a finding of Not Guilty, or the related conviction was set aside.  You can have this kind of expungement as many times as you want even if you have already had a dismissal expungement.  You just have to be a true victim of identity theft.

You Were Convicted of a Crime.  Misdemeanor convictions involving drugs or alcohol are eligible in some cases if the arrested occurred while under the age of 21.  The period of time in which you would be required to wait to move forward with an expungement is determined based upon your age at the time of offense.  In some cases, you must wait two years before applying and in others you may apply as soon as you complete probation or the proceedings against you are otherwise dismissed.

To find the answers you are looking for and see about your eligibility for an expungement of your North Carolina record, contact The Law Offices of Wiley Nickel, PLLC, at (919) 585-1486 for a free consultation.  Our firm handles a multitude of expungements on a daily basis from any and all of North Carolina’s 100 counties.  To learn more about our Law Firm, we encourage you to visit our website and meet the team at www.wileynickel.com.

 

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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.

New NC Law Could Allow Thousands to Have Their Criminal Records Expunged!

A new bill moving through the North Carolina legislature would allow people with a misdemeanor conviction to petition the courts after only five years for an expungement and only ten years for certain low-level felony convictions.  The current law is a fifteen year wait for those who are eligible.  So if you have just one misdemeanor conviction or one low-level felony on your record, you could be eligible for a North Carolina expungement of your charges as soon as December of 2015 if the bill becomes law. 

Misdemeanor North Carolina Convictions Could Be Expunged Only Five Years After The Date of Conviction!

As an example, if you have a DWI conviction or a misdemeanor larceny conviction on your record you may be able to have the conviction expunged – erasing all records from the crime as early as five years after the date of conviction.  For those with a misdemeanor drug charge that they received over the age of 21 that five year rule could be extremely beneficial!

Low-Level North Carolina Felony Convictions Could Be Expunged Only Ten Years After The Date of Conviction!

As an example if you have an embezzlement conviction, certain low-level felony drug convictions or a felony larceny conviction on your record you may be able to have the conviction expunged – erasing all records from the crime as early as ten years after the date of conviction.  For those with an obtaining property by false pretense conviction that new ten year rule could be extremely beneficial!

What is the New Law Moving Through The North Carolina General Assembly?

Senate Bill 362 would amend G.S. 15A-145.5(c) to allow non-violent misdemeanor convictions to be expunged after only five years (down from the current 15 years).  It would also allow non-violent low-level felony convictions to be expunged after only ten years (down from the current 15 years).  The bill would also amend G.S. 15A-146 to allow for an expungement of multiple dismissed cases.  Currently the general rule is that you can only expunge a dismissed cases within a 12 month period.  If this bill passes, you could expunge more than one dismissed case from different years.  So if you had a dismissed larceny charge from 2010 and a dismissed marijuana possession charge from 2006 you could possibly have both expunged instead of just picking one for expunction.  If the bill passes both houses of the Legislature and is signed by the Governor then the changes would go into effect on December 1, 2015

Will This New Law Allow Me To Get An Expungement?

Call The Law Offices of Wiley Nickel for a free consultation at 919-585-1486.  Our North Carolina expungement lawyers will talk to you about your options and walk you through the process.  We can help you determine if you are eligible for an expungement.  If the bill passes there will be large delays in processing expungements with the massive amount of new petitions – our office will work with you ahead of time to make sure everything is finished so yours can be among the first petitions to be filed on December 1st of 2015.  If the law would help we will put you on a list and inform you if Senate Bill 362 becomes law.

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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.