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.

North Carolina Expungement Lawyer Explains the Process to Clear a Criminal Record

Are you eligible for a North Carolina Expungement?

Your case is over but your record remains visible for all to see! If your case was dismissed (or you have certain convictions), you can protect your reputation and rebuild your life through the process of Expunging your North Carolina criminal record (also called Expunction).  Even if your case was dismissed a record still remains that is visible to future employers, current employers, customers, landlords, colleges, insurers and anyone else who might do a check on your record.

If you worked with your attorney to negotiate a dismissal of your criminal charge or are found not guilty at trial your criminal arrest record will still remain.  Even if you get a voluntary dismissal the original criminal charge will always be on your record.  If your record is expunged then all searches of your record will show a clean criminal record and a clean public arrest record.

A new law change allows for certain misdemeanor convictions to be expunged after 5 years and certain felony convictions to be erased through the expungement process after 10 years have passed.

Call The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486 to see if you are eligible for a North Carolina Expungement. Contact Expungement Lawyer Melissa Botiglione at our office in Cary today.

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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.

What is the Expungement Process in North Carolina?

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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.

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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.

How Do I Remove a Dismissed Case From My Record in North Carolina?

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A big question we often get from clients after getting their case is dismissed is “how will it affect my record?” Will a background check reveal that I was arrested? Will the charges show up when I go to rent property? The short answer is usually yes, the arrest and charges would still appear unless you get an expungement. 

Expungement of Dismissed Cases in NC

Expungement is a way to remove convictions or dismissed cases from your record so that future background checks won’t display any arrests or charges. For North Carolina residents, the possibility of pursuing expungement has recently changed in a good way. North Carolina has recently made it much easier to get dismissed cases removed from your record through the expunction process.

Governor Roy Cooper signed a new expungement law, which took effect on December 1, 2017. This new law cuts down the wait time for non-violent misdemeanor and felony convictions. Misdemeanor conviction wait times have been reduced from 15 years to 5. Felony convictions from 15 years to 10. The new law has also lifted the limit of one expungement when the defendant’s charges were dismissed or they were acquitted. Now if the defendants whose charges are dismissed or who were found “not guilty” can apply for as many expungements as they want (assuming no felony convictions or active criminal cases).

Petitioning for an expungement can seem easy but it has a number of steps and involves a good amount of specific clerical work. The petition must be filed in the county where the charges took place. Also, the expungement process is a lengthy one so properly filling out and filing the paperwork is very important as a small mistake could mean your petition gets denied and you have to start again from scratch (having lost tons of time).

If you have a dismissed case or a not guilty verdict on your record contact The Law Offices of Wiley Nickel, PLLC for a free North Carolina expungement consultation.  Our office is located in Cary, NC and we handle expungements throughout North Carolina. Our phone number is 919-585-1486.  Contact a North Carolina Expungement Lawyer today to discuss your case.

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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.

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.

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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 Updated Expungement Video Explains the New Law Change!

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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.

Shoplifting Charges in Raleigh NC

Shoplifting/Concealment in Wake County

We routinely represent both kids and adults charged with shoplifting.  For many this is the first time they have had to attend Court. In North Carolina those 16 years of age and older are charged as an adult for criminal purposes. Because it’s an adult crime the charges do not get cleared when those who are 16 and 17 turn 18. Any charges after age 16 will be on your record for life unless it is erased through the expungement process. Don’t let a mistake at a young age ruin your chances to get your dream job, our Wake County shoplifting lawyers can help walk you through the process to fight these charges.

If you are an adult charged we understand you may be ashamed or embarrassed to talk to anyone. Any call to our office is confidential and protected by attorney-client privilege. We will listen to you and perhaps even help you avoid the usual preliminary Court appearance. Whether you were falsely accused or suffered a lapse in judgment let us help you escape a potentially life changing event.  The goal for most clients is a dismissal and then a North Carolina expungement.

First time offenders of any age are often eligible for community service in exchange for a dismissal. This is an opportunity wasted by too many who attend Court unrepresented and leave with a criminal record. Don't let this happen to you. Call Raleigh Larceny Lawyer Wiley Nickel to find out how we can help fight for a dismissal of your charge or enter into a community service deal for a dismissal.

You may receive a Civil Demand letter from an out of state lawyer on behalf of retailers like Walmart, Target, Belk or Kohl's demanding $150.00 as a Civil penalty pursuant to NCGS 1-538.2.  This is a totally separate civil case and not part of the criminal case.  We can explain how it is different and explain the process to deal with the civil demand letter.

If you were charged with Larceny, Shoplifting or Concealment in Wake County or Durham County, NC contact Attorney Wiley Nickel or Attorney Kristi Haddock at 919-585-1486 for a free consultation.

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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.

Back to College and Underage Drinking: Let Us Help Keep Your Record Clean

As students head back to college at NC State, Wake County will see a surge in underage drinking tickets and possession of marijuana charges.

Every year college students fill the parking lot at Carter-Finley Stadium in Raleigh without realizing that alcohol law enforcement agents are working undercover at the tailgate parties. If you are charged with possession/consumption of alcohol while under the age of 21 or possession of marijuana, call The Law Offices of Wiley Nickel, PLLC.

Let us help you save time and money -- we may be able to help you get the charge dismissed and expunged from your record with only one trip to court. Keeping your record clean will be essential as you plan and prepare for life after college.

If you are charged with alcohol or drug possession you may also receive notice of disciplinary action by the NC State Student Conduct Board. We can help you prevent negative consequences such as suspension or expulsion.

Call The Law Offices of Wiley Nickel, PLLC today for a free consultation with attorneys Kristi Haddock or Wiley Nickel at 919-585-1486, or e-mail Kristi Haddock directly at Kristi@wileynickel.com. Our office is conveniently located near Interstate 40 and Harrison Avenue in Cary, NC. We handle matters throughout Wake County, including in Apex, Raleigh, Holly Springs, and Knightdale. 

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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.

Are You Having Trouble With North Carolina Expungement Rules?

North Carolina has a many strict rules which are used to determine an individual’s eligibility for the expunction of criminal charges.  Stipulations range from the age an individual was when the original charges were brought against them to the mandatory waiting period an individual must wait prior to filing.  With the amount of rules North Carolina has in place, contacting an experienced Expungement Lawyer would be in your best interest. 

Here at The Law offices of Wiley Nickel, PLLC, we possess a team willing and able to assist you in determining your eligibility for the expungement of your case.   We encourage the public to contact our office at (919) 585-1486, and to look over our website, 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.

Raleigh, North Carolina, Felony Larceny Defense Attorney

Information for those charged with felony larceny in the raleigh nc area for removing an anti-theft device at wal-mart, kohl's, target or belk.  Raleigh Larceny Lawyer Wiley Nickel explains the process for those charged with this crime.

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Great new video that explains how expungements work in North Carolina. Steps you can take to have your North Carolina criminal record erased by getting an expungement.

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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.

What do I Need to Worry About for My Pre-Employment Background Check?

So after months of job-searching, resume tweaking, and first-round interviews, you have finally found the perfect job. Now you are just a few steps away from obtaining your dream job, but there’s just one thing standing in your way: the Pre-Employment Background Check.

During this process, a prospective employer will be analyzing many aspects of your past. The scope of a background check may include your driving record, academic history, credit history, and most importantly; your criminal record.

Are you ready for your potential boss to start looking through your background? Are you prepared for a pre-employment background check? If you have criminal offenses on your record or you’re not sure what might show up, it may be worthwhile to run a criminal background on yourself before subjecting yourself to an employer.

In the state of North Carolina, charges on your record do not “drop off” even if the charge is dismissed. Any charge that you get will remain on your record until it is expunged. Expungement is a process through which record of a criminal offense is destroyed or removed.

If you’d like to see if you qualify for an expungement of your criminal charges, The Law Offices of Wiley Nickel can help you. Call (919) 585-1486 for a free consultation on your eligibility for an expungement in the state of North Carolina. 

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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.

Did you Receive Your First Offense in North Carolina? Was the Case Dismissed?

If the answer to these questions is yes, you may be under the impression that these offenses will be removed or "fall off" from your record.  Unfortunately, in the state of North Carolina, dismissed charges stay on your criminal record forever unless they are expunged.

Because your case was dismissed as a first offender, you are immediately eligible for an expungement.  Of course there are certain offenses (i.e. traffic offenses) in North Carolina which are not eligible for an expungement, regardless if they were dismissed or not. 

If you went through a program, such as the ones listed below, and have a deferral agreement signed by a Judge, there will be a $175 filing fee which is required by the state.  Programs include but are not limited to the following:

·         90-96 Program

·         First Offenders Program

·         Any Deferral Program

·         Teen Court

At The Law Offices of Wiley Nickel, PLLC, we possess a wonderful team, which has a vast knowledge of the legal system in North Carolina.  Let us help you know for certain when you go for that big job that there will be nothing holding you back.

Please contact us any time at 919-585-1486 for a free consultation to determine your eligibility for an expungement.  Our office is located in Cary and we handle expungement petitions for the entire state of North Carolina.

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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.

Will my Dismissed Charge Show Up on my North Carolina Criminal Record?

If you have been charged with a criminal offense in North Carolina, your number one concern may be the outcome of your case. Will you be convicted? Or will your case be dismissed? A conviction can come with a variety of unpleasant consequences, but should you have concerns if your case is dismissed?

Even if your case is dismissed or dropped today the record of your dismissed arrest or citation will be on your record forever unless it is expunged.  

For example: If you are charged with assault and the victim does not show up, your case could likely be dismissed in court. There will still be a record showing that you were charged with this offense.

This record will be visible to anyone!   

Any employer will certainly have serious questions about your prospective employment if they see that you were charged with assault. Even though it will appear on the record as dismissed.

A charge on your criminal record can negatively impact your ability to become approved for loans, apply for housing, or get the job you want.

If the charges on your record in the state of North Carolina were dismissed, 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.

Contact the Law Offices of Wiley Nickel today at (919) 585-1486 for a free consultation to discuss an expungement of your criminal record.

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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.

What is a Certificate of Relief? Can it Help Me?

Many people who seek to have their criminal record expunged may not meet the criteria necessary in order to be eligible for an expungement. If a criminal conviction is preventing you from gaining employment or hurting you in some other way a "certificate of relief” might be your best option. A certificate of relief may help you even if you are not eligible for an expungement.

The basic requirements for relief, contained in new G.S. 15A-173.2 for a "certificate of relief" are as follows:

  1. The person must have been convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court and have no other convictions for a felony or misdemeanor (other than minor traffic violations).
  2. The person must petition the court in which the convictions occurred (District or Superior Court)
  3. The person must establish that twelve months have passed since the completion of the sentence, that the person is engaged in or is seeking to engage in a lawful occupation or activity, and that the person has no criminal charges pending.

According to UNC School of Government, if granted, a certificate of relief applies to two types of collateral consequences: “collateral sanctions,” defined as penalties, disabilities, or disqualifications imposed by operation of law; and “disqualifications,” defined as penalties that an agency, official, or court may impose based on the conviction. In other words, collateral sanctions are those that are mandatory in the absence of a certificate of relief (or other form of relief), while disqualifications are those that a board or commission would have the discretion to impose. A certificate of relief relieves the person of all mandatory collateral sanctions except those listed in G.S. 15A-173.3 (for example, sex offender registration requirements and firearm disqualifications under G.S. Chapter 14, Article 54A (The Felony Firearms Act) and Article 54B (Concealed Handgun Permit)); those imposed by the North Carolina Constitution or federal law (for example, the state constitutional ban on holding the office of sheriff if previously convicted of a felony and federal bans on federally assisted housing and food stamp benefits for some convictions); and those specifically excluded in the certificateA certificate of relief does not bar an entity from imposing discretionary disqualifications based on the conviction, but the entity may consider the certificate favorably in deciding whether to impose the disqualification. A certificate of relief does not result in an expunction or pardon of the conviction; a person must use other mechanisms to the extent available to obtain those forms of relief. (See http://www.sog.unc.edu/node/2672 for more information.)

If you think you may be eligible for a certificate of relief according to these requirements, call The Law Offices of Wiley Nickel, PLLC today! Call (919) 585-1486 for a free consultation or more information. We can help determine your eligibility and get you started toward relief from your past mistakes.

 

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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 Expungements for High School & College Students

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Graduate with a clean criminal record!

Many criminal convictions for those arrested under the age of 22 are eligible to be expunged from your record.  The law has changed to allow many youthful offenders to clear up their criminal record.  If you were charged with a crime under the age of 22 you may be able to have all public records of your conviction erased through the North Carolina expungement process.

Dismissed Criminal Cases

Just because a case was dismissed doesn’t mean it goes away.  In order to clear your record you must petition the court for a legal expungement.  Many people think that once their case is dismissed that all records are erased.  This is not true.  You must file an expungement petition to clear your record.  Otherwise the charges will follow you around forever when you’re looking to apply to schools, rent an apartment or most importantly… apply for a job.  In terms of job interviews it’s never good to have a record of a criminal charge as part of your first impression.

Contact The Law Offices of Wiley Nickel for a free consultation to see if your dismissed criminal charge is eligible for an expungement.

Requirements to Expunge Your Dismissed North Carolina Criminal Charges

1. Your case must have been dismissed.

2. No Felony Conviction on your record.

3. You can only use a dismissal expungement one time in your life.

4. You can get other dismissed cases if they were dismissed within a year of each other.

5. We can file the petition the day after your case was dismissed.

Erase Your Conviction!

Do you have a criminal conviction on your record from under the age of 22?  Many convictions for crimes committed under 22 years of are eligible for an expungement.

Misdemeanor Convictions Under 18

The bad news is that North Carolina is one of two states in the country to treat 16 and 17 year olds as adults for criminal purposes.  The good news is that North Carolina is fairly generous in terms of granting expungements for those convicted of crimes that happened under the age of 18.  If you were convicted of a crime that occurred before your 18th birthday you may be eligible for an expungement.  So we are looking for a date of arrest/date of citation by the police that happened before your 18th birthday.  Even if your date of conviction happened after you turned 18 you are still likely eligible to expunge that criminal conviction.

Requirements to Expunge Your North Carolina Misdemeanor Conviction Under 18

1. You must have been arrested or cited prior to your 18th birthday.

2. Almost all misdemeanor convictions are eligible.

3. You must wait at least two years after the date of conviction to petition the courts for an expungement.

4. You cannot have any subsequent convictions after your original conviction.

5. You must pay court costs of $175.

6. You will need to provide several specific affidavits to accompany your petition.

Non-Violent Felony Convictions Under 18

If you were convicted of a low-level non-violent felony with a date of arrest before your 18th birthday you may be eligible to have your felony conviction expunged.  So we are looking for a date of arrest by the police that happened before your 18th birthday.  Even if your date of conviction happened after you turned 18 you are still likely eligible to expunge that non-violent criminal conviction.

Requirements to Expunge Your North Carolina Non-Violent Felony Conviction Under the age of 18

1. You must have been arrested prior to your 18th birthday

2. Low-level non-violent felony convictions are eligible.

3. H & I Level felony convictions may be eligible.

4. Any offense with assault as an essential element of the case is not eligible.

5. Certain drug charges are not eligible.

6. You must wait at least four years after the date of conviction to petition the courts for an expungement.

7. You cannot have any subsequent convictions after your original non-violent felony conviction.

8. You must pay court costs of $175

9. You will need to provide several specific affidavits to accompany your petition.

Drinking Tickets Under 21

If you were convicted of misdemeanor possession of alcohol 18b-302(b)(1) a “drinking ticket” you may be eligible to have the conviction expunged.  If you plead guilty you also may be eligible.  Many people do not realize that the Legislature allows youthful offenders to have these convictions expunged.  In terms of job interviews it’s never a good first impression to be forced to talk about a drinking ticket on your record.  You can avoid that discussion by having your drinking ticket conviction expunged.

Requirements to Expunge Your North Carolina Drinking Ticket Conviction

1. You must have been cited prior to your 21st birthday.

2. You must wait at least two years after the date of conviction to petition the courts for an expungement.

4. You cannot have any subsequent convictions other than your drinking ticket.

5. You must pay court costs of $175.

6. You will need to provide several specific affidavits to accompany your petition.

Drug Possession Conviction Under the age of 22

If you were convicted of drug possession or possession of drug paraphernalia under the age of 22 you may be eligible to have your conviction expunged.  Contact The Law Offices of Wiley Nickel for a free consultation to determine whether or not you qualify for an expungement.

Requirements to Expunge Your North Carolina Drug Conviction Under the age of 22

1. You must have been cited or arrested prior to your 22nd birthday.

2. You must wait at least one year after the date of conviction to petition the courts for an expungement.

4. You cannot have any subsequent drug related convictions.

5. You must pay court costs of $175.

6. You must have completed an approved drug education program or you may ask the court to waive that requirement.

7. You cannot have any felony convictions on your record and you cannot have any drug related convictions on your record.

Contact a North Carolina Expungement Lawyer Today!

If you have any convictions on your record for offenses that occurred prior to your 22nd birthday we may be able to expunge the convictions.  Contact The Law Offices of Wiley Nickel, PLLC today at 919-585-1486 for a free consultation.  We handle expungement petitions for the entire state of North Carolina.  You never get a second chance to make a first impression – contact us today to see whether or not your record can be expunged.

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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 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.

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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 Changes to North Carolina Expungement Law

The Legislature amended G.S. 15A-145.5 (expunction of certain misdemeanors and felonies; no age limitation) and adds to the list of offenses that are not considered a "nonviolent misdemeanor" or "nonviolent felont": felony breaking or entering, breaking or entering with intent to terrorize, breakning or entering motor vehicle and any offense that is an attempt to commit an offense described in G.S. 15A-145.5(a) (1) through (8). This change applies to petitions filed before that date are not affected by the change.

So the Legislature has just eliminated Felony Breaking & Entering and a few variations from the list of crimes that are eligible for an expungement after 15 years have passed and nothing else on your record.

If you are interested in an expungement please contact North Carolina expungement lawyer Wiley Nickel at 919-585-1486 for a free consultation.

Many people are eligible for an expungement and may not know that the Legislature has a mechanism whereby they can remove a criminal conviction from their record. The 15 year expungement described above applies to people convicted of a non-violent low level felony or misdemeanor... and that one conviction is the only thing on their record. If that generally applies to your conviction, you may be eligible for an expungement of that old North Carolina conviction.

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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.