North Carolina Expungement Information

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shutterstock_147371849In North Carolina, you may have your criminal record expunged, i.e. erased, however not everyone is eligible for an expungement.  If the North Carolina expungement petition is granted, and your record expunged, then each agency who had any involvement with the case will destroy the records.  This does not include all of the records kept by the Administrative Offices of the Counts (“AOC”).  AOC must keep an account of all expungements, should someone attempt to have another case removed from their record when they are not allowed to do so.  North Carolina allows only one expungement for a dismissed case one time in a lifetime.  This means you must carefully consider whether or not you wish to move forward.

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

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

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

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

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

v  You have been convicted of a Felony

v  You have any pending charges against you

v  The case pertains to a traffic violation

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

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

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

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

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shutterstock_gavel and scaleIf 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.

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

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shutterstock_bad job interview (640x462)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.

Raleigh NC Drug Charges Lawyer

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shutterstock_121570756Are you facing drug charges in Wake County?  The Law Offices of Wiley Nickel, PLLC can help!

In the state of North Carolina, drug offenses are serious business. Thanks in part to mandatory minimum sentences, even a small amount of the wrong substance could land you in jail for a long time. If you stand accused of a drug crime in Raleigh, you need an experienced Wake County criminal defense lawyer that knows how the system works and will provide you with an aggressive defense. Defense Attorney Wiley Nickel will fight hard to ensure that your constitutional rights are protected. If you or someone you love faces drug charges, contact The Law Offices of Wiley Nickel, PLLC today for a consultation.

Drug Offenses

The Law Offices of Wiley Nickel, PLLC handles drug violations that involve:

–          Drug trafficking

–          Simple possession

–          Possession of drug paraphernalia

–          Possession with intent to sell or deliver

–          Possession of marijuana

–          Felony Drug Possession

Drugs that appear in the charges may include:

–          Meth

–          Cocaine

–          Marijuana

–          Heroin

–          MDMA

–          Hashish

–          Oxycontin

Search and Seizure

The outcome of many Wake County drug cases hinges on the whether the search and seizure of the evidence (i.e. the drugs) was conducted properly by the police. The police or Sheriff’s Office are not allowed to search a person or property without the consent of the person searched, probable cause or a warrant. The drug charges lawyers at The Law Offices of Wiley Nickel, PLLC understand the many issues that surround search and seizure case law. If there is any factor that renders the search invalid, our lawyers will find it. They also negotiate with prosecutors to avoid jail time in favor of probation, drug treatment, or similar programs.

Expungement

The goal of any drug offense is to handle the case in a way  that can lead to an expungement.  Even if your case is dismissed you still need an expungement to erase the North Carolina criminal records of your offense.  We focus on post-conviction relief and will walk you through the options for an expungement at the onset of your case.

Aggressive Raleigh Defense Lawyers

When you want to focus on the best possible outcome contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  Our office is located in Cary, NC and you can reach us at 919-585-1486.  We handle drug charges for Wake County including the cities of Raleigh, Morrisville, Cary, Apex, Garner, Fuquay Varina, Zebulon, Wake Forest and Holly Springs.

Think you’ve got it??  “I’ll just represent myself without a lawyer.”  Bad Idea.

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shutterstock_30678190Lots of people think that some criminal charges are just small infractions that don’t really matter.  They want to just “pay the ticket.”  What they’re really saying is that they don’t want to pay for an attorney.  This is a terrible decision.  In Wake County, the District Attorneys are well-trained prosecutors.  Walking into a courtroom and pleading guilty just to “get it over with” can have lasting implications.  You can easily be put on probation (supervised or unsupervised) or many other disciplinary actions that the Judge has at his or her disposal.

You need a defense attorney!  This is important.  The Wake County DA’s job is NOT to help you.  The Wake County DA’s job is to prosecute you in a court of law.  Anything you say to them can be used against you.  You need an attorney that will be there as your legal representation. A lawyer who knows your rights and can defend you accordingly.

Criminal defense in Wake County is a tough job.  But anyone wanting to “defend themselves” is in for a shock.  Decisions like that can prevent you in the future from getting jobs, getting admitted to schools and getting rental housing/apartments.  A guilty plea by just “paying a ticket” can stay on your record forever and you could be explaining why you have a criminal conviction to prospective employers in the future.

Do NOT waive your right to an attorney without consulting a Raleigh Criminal Defense Attorney first.  Call The Law Offices of Wiley Nickel, PLLC for a free consultation of your case and protect yourself with the right representation.  Our office is located in Cary, NC and we can be reached at 919-585-1486.