What is the Expungement Process in North Carolina?

shutterstock_164106293.jpg

Step #1: Determining Eligibility

Are you eligible for an expungement? There are different rules for dismissed cases and convictions.  For dismissed cases there is now no limit on the amount of dismissed cases and not guilty cases you can get erased through the expungement process (as long as you don’t have a felony conviction or an active criminal case).  For convictions there are certain crimes that are not eligible for expungement and there are different rules for those under 18 at the time of offense, under 22 for certain crimes and then a 5/10 year wait for felony charges (10) and misdemeanors (5).  We generally need to pull court records to confirm whether you are eligible.

Step #2: Filing the Petition

Once we determine whether you are eligible for an expungement, we will file a petition for expunction in the clerk’s office in the county where you were charged.  You may need to sign affidavits and get character witnesses to do the same.  There may or may not be court costs of $175 depending on the type of expungement.

Step #3: Review by the SBI (North Carolina State Bureau of Investigation)

Following an initial signature by a judge or district attorney (if required) the petition is then mailed to the North Carolina State Bureau of Investigation (SBI).  The SBI will conduct a search of the criminal records of North Carolina. Any records discovered will be attached to the petition and mailed to the North Carolina Administrative Office of the Courts (AOC).  After reviewing the petition for any prior expungements by petitioner, the AOC attaches another report of its findings and sends it back to the clerk of court of the county where the petition was originally filed. This part of the process can take several months.

Step #4: Final Judgment by the Court

Once the petition is returned to the courthouse a judge makes a final determination based on the petition and information provided by the SBI and AOC. A this point the judge may sign the order granting the expungement without a formal hearing. However, if there is a question as to the applicant’s eligibility or if the district attorney has an objection, then a formal hearing could be required.  Following that hearing, the court will either grant or deny the expungement petition.

Step #5: Removal of Expunged Records

Upon the granting of the expungement petition, the clerk of court is statutorily required to send notice of the expunction to all of the relevant agencies that have information about your case.  They are then required to eliminate those records from the system after they’ve received notice.

If you have a criminal record (conviction or dismissed case) contact The Law Offices of Wiley Nickel, PLLC to speak with an expungement lawyer during a free consultation.  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.

New Updated Expungement Video Explains the New Law Change!

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.

New N.C. Laws Effective 2015 That Can Affect You

New N.C. Laws Effective 2015 That Can Affect You

The Summaries of Substantive Ratified Legislation, published by the Research Division N.C. General Assembly in November 2014, outlines upcoming changes to North Carolina law that will become current on January 1st, 2015.  Here are a few which might affect you in the New Year:

Background Checks:

The state of North Carolina will require background checks for Firefighters and Emergency Service Personnel – including those within these categories that serve in volunteer positions.  This means that possible charges on your criminal record may keep you from holding such rescue service positions.

S.L. 2014-27, Secs. 1 and 2 authorize criminal history checks for those individuals that wish to serve in a paid or a volunteer position with either a fire department or an emergency medical service.             (NCLEG Ch. 13: Labor and Employment: pg. 105)

For a free consultation on expunging your N.C. criminal record, or for more information on changes to North Carolina Law and how they can affect you, please call The Law Offices of Wiley Nickel, PLLC today at (919) 948-7159

Driving While Impaired:

Those convicted of misdemeanors, including DWIs, and are sentenced to imprisonment or probation will complete their sentence in an approved local confinement facility – a jail, rather than a prison, regardless of the length of sentence. 

S.L. 2014-100, Sec. 16C.1 eliminates the serving of misdemeanant sentences in the State prison system, and requires them to be served in a local confinement facility.                                                                 (NCLEG Ch. 6: Courts, Justice, and Corrections: pg. 17)

If you have been charged with a DWI in Wake County, or would like more information on changes to North Carolina Law and how they can affect you, please call The Law Offices of Wiley Nickel, PLLC today at (919)-948-7159.

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.

How Do Expungements Work in North Carolina?

My law firm handles a lot of expungement work.  If you have been charged with a crime (or if you know someone who was ever charged with a crime) you should understand the rules for expungements in North Carolina.  There are two important types of expungements out there: (1) expungements for dismissed cases and (2) expungements for that one minor charge on your record that happened a long time ago.

My case was dismissed.  Is there still a record?

Yes!  Even if your case was dismissed a record remains visible for everyone to see forever unless it is expunged.  There is no procedure to automatically expunge a dismissed case.  The record stays visible forever.  If you were charged with possession of marijuana (or any other charge imaginable) and the case was dismissed there will be a record visible to everyone that says essentially "possession of a schedule VI controlled substance - case dismissed."  Anyone who sees your record will have immediate questions about why you were charged with possession of a controlled substance.  In the employment context it makes for a horrible first impression for prospective employers.

How does it work to expunge a dismissed case?

Generally, everyone in North Carolina can have any dismissed case (or not guilty verdict) expunged once in their lifetime.  You can pretty much get rid of anything you want as long as the case was dismissed or you were found not-guilty.  You file a petition and after around six months the records are erased.

I just had that one stupid crime and it's been a long time...

If you pled guilty to one minor crime or were found guilty of one minor crime and it's been 15 years without another charge then you may be eligible to have the criminal record expunged.  The North Carolina Legislature has essentially said that if you have one minor criminal charge on your record and have stayed out of trouble for fifteen years then you can apply for an expungement of that charge.  

How does it work to get rid of that old conviction?

You need to provide some affidavits and affidavits from people who will attest to your good moral character in addition to the expungement petition. If you qualify for an expungement of that old criminal conviction there is a good possibility you can have the charge erased.

What is the effect of an expungement?

An order granting a petition for an expungement has two basic effects. One, it requires deletion of records about the case. Two, it seeks to restore the petitioner to the status he or she had before the criminal proceedings occurred.  The deletion requirement applies to North Carolina's courts, state and local law enforcement agencies, other government agencies, and certain organizations in the business of providing criminal history information.  The expunction statutes express in various ways the principle that an expunction restores a person's status as if the proceeding had not occurred. Most expunction statutes state this principle explicitly. Most also state that a person who receives an expunction may not thereafter be held under any provision of law to be guilty of perjury for failing to acknowledge the expunged criminal proceedings.

How do I move forward with an expungement?

There are dozens of other ways to have charges expunged.  A lot of good options are available for charges that happened when the petitioner was 21 and younger.  If you would like a free consultation about whether you qualify for an expungement or if you would like to know whether someone else qualifies for an expungement then please contact my law office at 919-585-1486.  You can speak to an expungement lawyer who will walk you through the process and explain your options.

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.

An Explanation of Misdemeanor Charges in North Carolina

shutterstock_164106293.jpg

There are two main classes of crimes in North Carolina: misdemeanors and felonies. Misdemeanors are divided into four different categories (A1, 1, 2, and 3), depending on the seriousness of the offense. The final outcome in any particular case depends on the individual facts of the case, the defendant’s criminal record, and any agreements that the defendant enters into with the district attorney’s office.  

To make things even more confusing we have infractions which do not have jail time (i.e. some driving charges) and we treat drunk driving (DWI) as its own totally separate system on punishment system.

Class 3 Misdemeanor

A Class 3 misdemeanor, the least serious type of misdemeanor, carries a maximum penalty of twenty days in jail and a $200 fine. Class 3 misdemeanors include simple possession of marijuana, concealing goods in a store, DWLR, 2nd degree trespass and city code violations.  Now if you have less than four prior convictions on your record you can only be charged with a fine for a class 3 misdemeanor – so jail time and probation Is officially off the table for many in North Carolina.

Class 2 Misdemeanor

A Class 2 misdemeanor carries a maximum penalty of sixty days in jail and a $1,000 fine. Class 2 misdemeanors include simple assault, disorderly conduct, resisting a police officer, and carrying a concealed weapon.

Class 1 Misdemeanor

A Class 1 misdemeanor carries a maximum penalty of 120 days in jail and a discretionary fine. Class 1 misdemeanors include possession of drug paraphernalia, larceny, DWLR if your license was revoked for DWI, possession of stolen goods, damaging real or personal property and communicating threats.

Class A1 Misdemeanor

A Class A1 misdemeanor, the most serious type of misdemeanor, carries a maximum penalty of 150 days in jail and a discretionary fine. Class A1 misdemeanors include assault with a deadly weapon, assault inflicting serious injury, assault on a female, assault on a government employee and violation of a restraining order.

What are my Options?

If you have been charged with a misdemeanor, your case will be heard in District Court. You may have a number of options in your case. 

  • Your attorney can negotiate a plea deal where plead guilty to a lesser charge.
  • Your attorney can show the District Attorney what a strong case you have or why the charges are bad and the DA will dismiss the case.
  • If witnesses do not show up to court the case can ultimately be dismissed if the witness never shows up.
  • Depending on your criminal record, you may be eligible to participate in a community-service or substance-abuse counseling program that will result in dismissal of your case.  This is called a deferral program.
  • You can plead “not guilty” and request a trial.

What happens if I have a trial? 

If you request a trial, the State must prove that you are guilty beyond a reasonable doubt. District-court trials take place before a judge who hears evidence and determines whether the State has proved your guilt. This is called a “bench trial.”  You do not have the right to a jury trial in District Court.  If the judge finds you not guilty, the case ends and you may go free. If the judge finds you guilty, the judge will impose a sentence in your case ranging from a small fine, to probation, to an active prison sentence. If you are convicted of a misdemeanor in District Court you can appeal your conviction to Superior Court. Once in Superior Court, you are entitled to a new trial before a jury of twelve randomly-selected members of the community.

What will show up on my record afterwards?

Unfortunately whenever anyone is charged with a crime (not matter how totally bogus the charges are) the record remains forever unless it is expunged.  We handle expungements for dismissed cases and also expungements for certain crimes where there is a conviction on your record.  For many the worst part of a crime isn’t the punishment it’s the effect on their ability to earn a living.  Even if the charge was a mistake and you had nothing to do with a hypothetical assault case you will still have to explain to a prospective employer why you have a dismissed assault charge on your record – unless it is expunged.  We will fight hard to protect your reputation and will explain the rules to expunge your charges if you are eligible.

Contact Raleigh Criminal Defense Attorney Wiley Nickel

A Wake County misdemeanor charge requires a skilled and experienced lawyer. If the State of North Carolina does not have sufficient evidence to prove that you committed a crime you may be entitled to a dismissal or a reduction of your charge. Or if the State violated your Constitutional rights during the investigation or prosecution of your case, a judge may suppress certain evidence in your case, meaning that the State cannot use the evidence against you at trial and dismissal is usually in order. Contact our Wake County law office today for a free consultation about your particular misdemeanor case.  Raleigh attorney Wiley Nickel will walk you through the steps for your case and offers free consultations.  You can reach The Law Offices of Wiley Nickel, PLLC at our office located in Cary, NC 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.

Will My Case be on My Criminal Record in Wake County, North Carolina?

If you have been charged with a criminal offense in Wake County, North Carolina your number one concern may be whether or not you have to serve any time in jail or prison. A conviction itself, however, whether or not you are sentenced to any time in jail or prison, can come with a variety of unpleasant consequences. One of these consequences you may be concerned with is whether or not your case will become a part of your criminal record in Wake County, North Carolina. 

Even if your case is dismissed or dropped today (or perhaps a not guilty verdict) thanks to a great criminal defense lawyer the record of your dismissed arrest or citation will be on your record forever unless it is expunged.  As an example: If you are charged with assault in Wake County and the victim does not show up (or changes his story) and your case is dismissed there will be a record visible to anyone that shows you were charged with Assault and the case was dismissed.  Any employer will certainly have serious questions about your prospective employment if they see that you were charged with assault.

A criminal conviction can negatively impact your ability to become approved for loans, apply for housing, or get the job you want. In North Carolina, you may be able eligible to have your criminal record expunged. In order to get your record expunged you will need to provide certain information about your criminal case to your attorney who will handle the expungement petition for you.

If your conviction is successfully expunged you may be able to answer “no” in many situations when asked if you have ever been convicted of a criminal offense.

Contact the Law Offices of Wiley Nickel today at (919) 585-1486 for a free consultation to discuss an expungement of your criminal record.  Our office is located in Cary, North Carolina.  You can also speak with an expungement lawyer by e-mailing Wiley Nickel at wiley@wileynickel.com any time.

Expungement Attorney Wiley Nickel helps people throughout Wake County, North Carolina and handles criminal and traffic offenses arising out of the following cities: Morrisville, New Hope, Apex, Knightdale, Raleigh, Rolesville, Holly Springs, Cary, Wake Forest, Garner, Wendell, Fuquay-Varina and Zebulon.

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.