You can get as many expungements as the law allows. Some types expungements bar you from getting certain other types of expungement in the future and for other situations there could be multiple expungements allowed. It’s all very fact specific.
Certain Convictions under 18 and Certain Drinking Tickets under 21
Many can get an NC expungement of a misdemeanor conviction for an offense committed before the age 18 plus certain drinking tickets before age 21. That expungement statute does not list a prior expungement as a bar to getting one.
Dismissal/Not Guilty Expungements
In many cases you can’t get a dismissal expungement if you’ve had certain other types of expungements. If you have a misdemeanor conviction on your record and want to get an expungement for a dismissed case that conviction likely does not bar you from a dismissal expungement. For many clients the order of using their expungements is very important and if there are multiple things going on you could limit the possibilities for expungements if you do them in the wring order.
15 Year Wait Expungements
For many clients their public records can be erased through the expungement process for one misdemeanor or low level felony after 15 years have passed (assuming it’s the only criminal conviction on their record). In that situation most other prior expungements could block them from the 15 year wait kind of expungement. An expunction of a dismissal is the one type of expungement that is not listed as a bar to getting the 15 year type.
A prior expungement generally makes it difficult for a person to get an expungement more than once. However there is not a rule that allows only one expungement for all scenarios. The terms of each statute control whether a person can obtain another expungement. North Carolina law creates a narrow path to additional expungements in many situations. All cases are different. If you have questions about getting a second expungement contact The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. Our NC Expungements Lawyers will answer your questions and let you know if we can expunge criminal records for you.
A link for a great Op-Ed from the News & Observer. Text below.
“N.C. bill would help those with criminal records
In North Carolina, 1.6 million people have an arrest or conviction that makes it difficult to find stable work. These barriers to employment follow a person long after he or she has served time for past crimes and attempted to start a new life. I know because I am one of those people.
In 2007 I made a poor choice that resulted in a nonviolent felony conviction. At the time I was a well-educated woman who had graduated cum laude from a local university and had never committed a crime. My lawyer had assured me that with my background, the felony, wouldn’t hurt me much. He was wrong.
After the conviction, I immediately lost my career. Over the next nine years, I was continually rejected for positions where I met, and sometimes exceeded, the job qualifications. I experienced homelessness and my credit suffered, but worst of all was the stigma and judgment that followed me everywhere and the assumptions that people made based on one check box on a job application.
I am much more than a mistake I made 10 years ago. So are over a million people in North Carolina with an arrest or conviction from their past. Punishing people their whole lives for one mistake not only hurts that person’s chances at ever living a stable, productive life but also doesn’t make economic sense for the community either. People who can’t find work are significantly more likely to return to crime as a means of survival. Additionally, North Carolina loses an estimated $1 billion in GDP annually due to the exclusion of people with criminal records from the workforce.
The North Carolina General Assembly is starting to recognize that erecting lifelong employment barriers to people with records increases recidivism and reliance on public assistance. That’s why last month legislators introduced a new bill, House Bill 409, to help alleviate these barriers. The bill, which only affects state employers, aims to reduce barriers by moving inquiries into a person’s prior arrests or convictions until after a job interview, affording the applicant a chance to meet face-to-face with potential employers. State employers still will conduct background checks, but delaying initial inquiries offers them the opportunity to take into account an applicant’s qualifications, skills and rehabilitation efforts, as well as information on criminal history, before making a hiring decision. HB409 recently passed the House by a vote of 98-14 and now moves to the Senate.
The bill reads: “The General Assembly finds that the ability to procure meaningful employment is essential to reinstating good citizenship for individuals who have a criminal record. The General Assembly declares that the State encourages the successful reintegration of people with a criminal history and recognizes that reducing barriers to employment for persons with a criminal history is a matter of statewide concern. The purpose of this section is to implement hiring practices that will increase employment opportunities and will reduce recidivism and improve community stability.”
I am fortunate that in 2016 I was exonerated and all charges were dropped. But the years of unemployment and underemployment still haunt me. If employers had taken the time to meet me and discuss my education and experience, I am confident I would have been offered positions in my field. So many good, qualified job applicants are not afforded this chance. Especially in today’s world of online applications, people who admit to a felony are screened out electronically.
It is an employer’s right to perform due diligence before hiring a candidate, so House Bill 409 does not prohibit employers from performing a background check on an applicant. However, it does allow applicants a chance to be judged by their merits instead of being screened out based on a past mistake. It is a compromise that recognizes an employer’s need to keep the workplace safe and an applicant’s need for adequate consideration of all that he or she can offer. In this time of divisions and fractures within our communities, a fair compromise is exactly what we need.
Susan was convicted of identity theft over credit cards. She disputed the charge, but agreed to a plea bargain rather than risk incarceration. Her full name has been withheld.”
FOR IMMEDIATE RELEASE
March 17, 2017
The Law Offices of Wiley Nickel is Committed to BBB’s Standards for Trust
This week, The Law Offices of Wiley Nickel announced its recent accreditation by Better Business Bureau serving Eastern North Carolina. As a BBB Accredited Business, The Law Offices of Wiley Nickel is dedicated to promoting trust in the marketplace.
“We are proud to have met BBB’s high standards and we are excited to be part of an organization that exists so consumers and businesses alike have an unbiased source to guide them on matters of trust,” said Raleigh Attorney Wiley Nickel. “BBB Accreditation gives our customers confidence in our commitment to maintaining high ethical standards of conduct.”
BBB Accredited Businesses must adhere to BBB’s “Standards for Trust,” a comprehensive set of policies, procedures and best practices representing trustworthiness in the marketplace. The standards call for building trust, embodying integrity, advertising honestly, telling the truth, being transparent, honoring promises, being responsive and safeguarding privacy.
When dealing with a BBB Accredited Business the consumer has peace of mind knowing that they are dealing with an honest organization that is accountable to its clients.
For additional information regarding BBB Accreditation, visit easternnc.bbb.org.
About The Law Offices of Wiley Nickel, PLLC:
“When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority.”
As a former Deputy District Attorney Wiley Nickel has the experience that matters most. With a practice based on trust, respect, discretion and professionalism, Raleigh Criminal Lawyer Wiley Nickel helps his clients avoid the dire consequences of criminal charges.
As a Raleigh Criminal Defense Attorney, Wiley focuses on Wake County Misdemeanor charges and Raleigh DWI/DUI offenses. A DWI or other criminal charge can have a profound effect on your life and financial situation, and the right Raleigh Criminal Defense Attorney makes all the difference. Fighting traffic tickets, which may negatively impact your record and lead to huge increases for your car insurance, is another way Wiley defends every aspect of your rights.
Wiley Nickel and Associate Attorney Kristi Haddock focus on Raleigh Criminal Defense, Family Law, Wake County Traffic Tickets and Epxungements from their Offices in Cary and Apex. Contact The law Offices of Wiley Nickel when you need an Experienced Criminal Defense Attorney, Marijuana Defense Lawyer, DWI Lawyer in the cities of Raleigh, Cary, Morrisville, Apex, Holly Springs and Fuquay Varina. Defending your rights is our main priority.
About BBB serving Eastern North Carolina:
Better Business Bureau serving Eastern North Carolina is a 501(c)(6) not-for-profit corporation serving 33 counties in eastern North Carolina. The organization is funded primarily by BBB Accredited Business fees from more than 3,000 local businesses and professional firms. BBB promotes integrity, consumer confidence and business ethics through business self-regulation in the local marketplace. Services provided by BBB include reports on companies and charitable organizations, general monitoring of advertising in the marketplace, consumer/business education programs and dispute resolution services. All services are provided at no cost to the public, with the occasional exception of mediation and arbitration. Visit bbb.org.
Expungement court costs can be confusing. The North Carolina Legislature recently made expungements more expensive for some people and added an extra $175 in expungement court costs in order to file for certain expungement petitions when a case has been dismissed.
If your case was dismissed as the result of compliance with a deferred prosecution agreement or a conditional discharge and dismissal then the law says you need to pay an extra $175 in expungement court costs for an expungement. If your case was NOT dismissed deferred prosecution agreement or a conditional discharge program then you do not need to pay court costs of $175 for a dismissal expungement. The main rule of thumb is generally whether or not a judge signed the deferred prosecution agreement.
You do not need to pay the $175 in expungement court costs if you do not wish to file an expungement.
If your case was dismissed for any number of other reasons then you would not likely have expungement court costs. If you were found Not Guilty then there would be no expungement court costs for an eligible expungement petition. Other reasons for a dismissal could be the failure of the state to prosecute (no witnesses). They could also be weak legal grounds for the case where the DA dismisses the case or an informal dismissal where the case was dismissed for community service where there was no formal signed agreement.
You can also seek to avoid expungement court costs if you are indigent. In order to automatically qualify for an indigent fee waiver of the $175 expungement court costs you must be a current recipient of one of the following:
- Food stamps
- Aid to Families with Dependent Children (AFDC)
- Supplemental Security Income (SSI)
- Representation by legal services organization (or private attorney working on behalf of legal services organization).
An individual not currently receiving one of these benefits, must submit an affidavit of Indigency to try to avoid the $175 North Carolina Expungement Court costs. This affidavit would just need to show that you have little or no money coming in and could not afford the $175 court costs to clear your record.
If you would like more information about North Carolina Expungements and NC Expungement Court Costs you can call The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation to discuss hiring our law firm for your North Carolina Expungement petition. We are based in Cary, NC and handle petitions for the entire state of North Carolina.
The Law Offices of Wiley Nickel, PLLC is proud to announce the opening of our first Satellite office. The new office is located in Apex, North Carolina at 510 West Williams Street, Suite 101. We will be able to take meetings by appointment at this new office location in Apex. The expansion is part of an effort to better serve clients in Western Wake County and Chatham County, North Carolina.
At The Law Offices of Wiley Nickel, PLLC, we believe that successfully addressing client needs requires more than just knowledge of the law and a mastery of the multitude of rules and regulations that impact our clients’ needs. Providing quality legal services means being in our client’s community and being able to meet our clients where they live. Our commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm the excellent reputation it enjoys today.
The Law Offices of Wiley Nickel, PLLC is proud to have a great reputation and a tradition of aggressive representation of our client’s needs. We provide quality legal representation and are dedicated to maintaining and expanding our capabilities and expertise across a wide range of practice areas in order to better address the diverse needs of our clients. Our principal areas of practice include: Criminal Defense, DWI Defense, Speeding Tickets, Wake County Expungement Petitions, NC Expungements, Juvenile Delinquency, DMV Issues, Child Custody and Divorce. We are also experienced in a number of specialty areas that are incorporated into these core criminal defense based practice groups.
If you are charged with a criminal offense and live in the Apex, NC area you can contact us at our new Apex location or our Cary location for a free consultation. We handle Wake County Expungement Petitions.
It’s a myth that charges will only stay on your record in North Carolina for seven years. Rather, charges in North Carolina stay on your record forever unless you have petition the court to have them expunged. Some employers may only go back so far to check your background, but some may look at your complete criminal history. Nothing in North Carolina forbids an employer from looking at your criminal background beyond seven years.
You can have certain charges in North Carolina expunged from your record, depending on what the charge is, when it was received, and what the disposition of it was. Any charge that was dismissed can generally be expunged, minus a few exceptions (such as if you signed an agreement with the Assistant District Attorney that you would not seek an expunction on the charge).
If you pleaded guilty to the charge and were over 18 at the time of the charge, you must wait 15 years before the charge can be expunged in North Carolina. That charge will remain on you record until it is expunged, if it can be.
Please note that not all charges in North Carolina can be expunged, including DWI convictions. Contact The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation on whether your charges can be expunged, and what the process is to do so. Our office handles expungements in all 100 counties in NC, and most everything can be done by phone or email. Email us at firstname.lastname@example.org for more information.
Were you charged with felony breaking and entering in North Carolina prior to your 18th birthday? If the case resulted in a conviction (even if the conviction occurred after turning 18), it may be possible to have the case expunged from your criminal record. One of the most important criteria’s for eligibility would be the individual has had no prior or subsequent misdemeanor or felony convictions. In other words, this was a once in a lifetime conviction with absolutely no other convictions on the individual’s record.
Of course with a conviction of this severity level, there are other criteria which must be met to qualify for an expungement. The Law Offices of Wiley Nickel, PLLC, can assist you in determining if you are eligible to file an expungement of your conviction. Contact our office at (919) 585-1486 for a free consultation. In most cases, everything can be done by phone or email and you will never have to visit our office. We handle all counties in North Carolina. Email Wiley at email@example.com for more information.
In North Carolina, generally speaking, you are only allowed one expungement in your lifetime. Expungements apply to some misdemeanors and some felonies, but do they apply to traffic tickets? Yes, however it may be best for you not to use an expungement for that purpose.
It is important to note that DWI convictions are no longer eligible to be expunged in North Carolina. As of December 1st, 2015, N.C. legislators decided to remove DWI convictions from the list of convictions which are eligible to be expunged from an individual’s record in North Carolina. However, other traffic violations may be eligible, depending on the circumstances behind the case.
Ultimately, you may want to save your expungement for more severe charges. Even though no one plans on getting in trouble in the future, things happen, and you would be thankful the expungement was not previously used on a minor traffic infraction. If you do have other charges on your record, whether they were dismissed or you plead guilty, they might be eligible to be expunged.
The Law Offices of Wiley Nickel can help you file an expungement for your charges. Contact us at (919) 585-1486 for a free consultation on your charges. In most cases, everything can be done by phone or email and you will never have to visit our office. We handle all counties in North Carolina. Email Wiley at firstname.lastname@example.org for more information.
Did you complete the first time drug offender 90-96 Program in North Carolina? Did you complete the program successfully? If so, then you may be eligible to have the case expunged at a faster pace than the usual 6 to 9 months the process generally takes.
Please contact The Law Offices of Wiley Nickel, PLLC, at any time at 919-585-1486 for a free consultation to determine your eligibility for an expedited expungement. Once the case is dismissed a record will remain visible to the public forever unless you have it removed through the legal expungement process. Don’t miss out on your dream job because a dismissed drug case still remains on your public record. Our office is located in Cary and we handle expungement petitions for the entire state of North Carolina. Contact us now to speak with a North Carolina expungement lawyer.