Welcome to the Office Mary Beth Doyle!

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Mary Beth Law Office PictureMary Beth joins our team after working for the past year at the Wake County Clerk of Court Office.  While working in the Clerk’s Office, she gained valuable experience handling all of the Wake County District Court expungements.  Mary Beth has an insiders perspective about what is required to quickly and properly move an expungement petition through the system.  Her great experience and knowledge about expungements is a welcome and valued addition to the law firm.

Mary Beth grew up in several different states along the east coast.  She enjoyed a childhood on the beaches of Florida, in the mountains in Massachusetts, and the city life in Atlanta, Ga.  In July of 2013, she decided on a fresh start in Raleigh, accompanied by her two young sons.

When she is not busy at work, Mary Beth enjoys spending as much time as possible with her boys, cooking, and sharing her love of music with all around her.

It’s Been 15+ Years Since my Misdemeanor Conviction in NC… Can I Have it Removed?

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shutterstock_expungement eraserIn most instances, the answer is… Yes! 

Obviously, there are some restrictions, so first, a background check is required.  This is to correctly identify the case or cases and their details.  It is also to ensure that the potential client has no other convictions (Felony or Misdemeanor).

From the background check, our team is able to see if there are any other cases which could also be filed forexpungement.  In the state of North Carolina, if you have multiple offenses that occurred within the same 12 month period, it could be possible to file for them all to be expunged.

In a job interview, you never get a second chance to make a first impression.  If you are able to erase your criminal record it’s certainly a worthwhile effort.

The expungement process and all of the rules can be quite overwhelming.  At The Law Offices of Wiley Nickel, PLLC, we have an incredible team who is well versed in the North Carolina expungement process and would be happy to assist you.  For a free consultation all you have to do is call (919) 585-1486.  You can also become familiar with our team by visiting our website, www.wileynickel.com.

Can I Have a Felony Expunged From My Record?

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NC Erase the past expungement lawyerIs it possible to have a Felony expunged from my record in North Carolina?  The answer is… Yes!

There are several different factors which come into play when applying for a Felony expungement.  First you must know whether the felony charge resulted in a conviction or a dismissal, along with all other information associated with the case.  Second, you must make sure you have all of the necessary paperwork which will be filed with your petition, i.e., the required affidavits, and filing payment.

If you have a felony conviction on your record (and nothing else other than traffic tickets) the wait time is generally 15 years unless you were under 18 at the time of arrest.  There is a chance that the wait time will be lowered to ten years with a pending bill in the Legislature.

To the average person, this task will seem overwhelming.  However, here at The Law offices of Wiley Nickel, PLLC, we possess a team willing and able to assist you.  All you must do is pick up the phone or send us an email, and we will handle the rest for you.

Our office is located in Cary, North Carolina and we handle expungements for the entire state of North Carolina.  You can reach our expungement lawyers at 919-585-1486 for a free consultation to learn whether or not you are eligible.  For more information we invite you to view our website at www.wileynickel.com/expungements

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

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shutterstock_bad job interview (640x462)A new bill moving through the North Carolina legislature would allow people with a misdemeanor conviction to petition the courts after only five years for an expungement and only ten years for certain low-level felony convictions.  The current law is a fifteen year wait for those who are eligible.  So if you have just one misdemeanor conviction or one low-level felony on your record, you could be eligible for a North Carolina expungement of your charges as soon as December of 2015 if the bill becomes law.

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

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

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

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

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

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

Will This New Law Allow Me To Get An Expungement?

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

6 Steps to Get Your Criminal Record Expunged in North Carolina

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How does it work to get a conviction expunged?shutterstock_messy file folder

A new law on the books in North Carolina that could allow you to have a felony or misdemeanor conviction expunged if it

fits specific statutory criteria.

1)   The conviction must be a misdemeanor or level H-I felony and does not:

– Involve any type of assault

– Require registering as a sex offender

– Involve possession of methamphetamines or heroin, or the sale and delivery of cocaine

– Involve a hate crime

– Involve the use of a commercial motor vehicle

2)   You cannot have any convictions other than traffic citations.

3)   You have to wait 15 years from the last date of the active sentence or probation OR from the date of conviction (if the punishment did not involve probation or jail time).

 [Note that a new law working its way through the legislature over the summer of 2015 may change that waiting time to 5 years for a misdemeanor conviction and 10 years for a low level felony conviction.  If this bill passes it would go into effect in December of 2015.]

The 6 steps to getting a conviction expunged in Raleigh, North Carolina 

If you fit the criteria above, to get the conviction expunged you must:

1)   Get the following affidavits and have them notarized:

An affidavit from the petitioner stating that they have been of good moral character since the conviction and that they have not had any other convictions other that traffic citations.

Verified affidavits from 2 people not related to you or each other that they know the character and reputation of the petitioner in the community where he/she lives and that the petitioner’s character and reputation are good.

A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.

An affidavit by the petitioner that no restitution orders or civil judgments against the petitioner is outstanding.

2)   Fill out a proper expungement petition for the courts.  You need to know the date of offense, date of disposition, case number, name of arresting agency and specific details about all charges.

3)   Serve the district attorney for the county where the charge occurred.

To serve the district attorney, you have to properly give them a copy of all of the affidavits and the final expungement petition. An assistant district attorney will sign off on your original form that the D.A.’s Office has been served.

4)    File the expungement petition with the clerk of courts.

The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing. Your particular county may require a certified copy of your criminal record as part of your petition but all counties vary.

5)   Court Hearing (maybe but not likely)

Each county will have a different procedure, a hearing for this type of petition is authorized but the county may waive the hearing. So far, Wake County has waived all of the hearings that The law Offices of Wiley Nickel has submitted for this type of expunction.

6)   Wait for the Process to Play Out

This is a long slow process.  If we could speed up the process we certainly would do so but the timing is out of our hands once a petition is filed.  Your petition will be reviewed by a judge then sent to the SBI in Raleigh to conduct a thorough background check to determine if you qualify for the expunction. Then the petition goes back to the original court to have a hearing (or not). Once that is complete, the SBI is notified to send notices to the agencies listed on the petition to erase the formal record. Do not expect this process to take less than six to nine months.  We spend a good amount of time checking on the petitions throughout this process as they can often be lost or delayed at various stops in the process by court clerks or other governmental agencies.

The Law Offices of Wiley Nickel, PLLC handles expungement petitions for the entire state of North Carolina.  Please contact our expungement lawyers at 919-585-1486 for a free consultation to determine if you are eligible for an expungement.