Am I Eligible for an Expungement in North Carolina?

By | Uncategorized | No Comments

shutterstock_expungement eraserAre you eligible for an expungement in North Carolina?  Our office handles expungement throughout the entire state of North Carolina.  If you are trying to figure out if you are eligible for an expungement please feel free to call 919-585-1486 for a free consultation.  We will ask you questions to help determine if you are eligible for an expungement. If you are not sure about what is on your record we charge as little as $25 to pull your entire statewide criminal history and have one of our expungement lawyers review your record to determine if you are eligible for a North Carolina criminal record expungement.  Contact North Carolina Expungement Lawyer Wiley Nickel to find out if you are eligible to have all public records of your criminal conviction or dismissed case erased through the expungement process.

Are You Having Trouble With North Carolina Expungement Rules?

By | Uncategorized | No Comments

shutterstock_121502698North 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

North Carolina Expungement Information

By | Uncategorized | 3 Comments

shutterstock_bad job interview (640x462)Going through the process of obtaining gainful employment is hard for everyone, even more so if you have a criminal record.  The state of North Carolina has several different options to obtain relief, however first you would have to determine whether or not you are eligible.  The process by which to determine your eligibility for an expungement, or other possible types of relief, is quite simple, contact The Law Offices of Wiley Nickel, PLLC, at (919) 585-1486 for a free consultation.  To learn more about our Law Firm, we encourage you to visit our website and meet the team at www.wileynickel.com.

Questions YOU May Have About NC Expungements

By | Uncategorized | 2 Comments

shutterstock_messy file folderNorth Carolina may have strict laws for expungements, however this does not necessarily mean every conviction has to remain on your record.  There are quite a few determining factors when petitioning the courts for the expungement of a conviction.  Has the mandatory waiting period passed?  Did you complete all sentencing associate with the case and pay the restitution?  Is the conviction even a charge which the state will allow to be expunged?  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

Expungement Law Changes for 2015 in North Carolina

By | Uncategorized | 4 Comments

NC Erase the past expungement lawyerMembers of the Legislature have gone back and forth this year discussing changes to several different portions of theexpungement laws in North Carolina.  The most significant change to our state’s expungement laws this year will be the removal of a DWI conviction from the list of cases which are allowed to be expunged.  As of December 1st, 2015, an individual with a DWI conviction will be unqualified to have it expunged from their record regardless of when they received the conviction.

The Legislation was said to be discussing the mandatory waiting period for any individual over the age of 18 with a conviction who wishes to have an expungement done.  According to the original bill, members where attempting to have the waiting period reduced from 15 years for both a felony and misdemeanor, to 10 years for a felony and 5 years for a misdemeanor.  In addition, the writers where attempting to gain approval for individuals to be allowed two expungements in their lifetime, rather than just the one allowed at this time.  Unfortunately, this portion of the bill was denied and members of the Legislature requested the writers to rewrite the bill.  The writers are said to be reintroducing the bill in the next session, which is to begin in March 2016.

The Law Offices of Wiley Nickel, PLLC focuses on North Carolina expungement petitions.  We encourage you to contact our office at (919) 585-1486, for a free expungement consultation.

The Expungement Process

By | Uncategorized | No Comments

shutterstock_80852026Upon filing a Petition and Order of Expunction a lengthy process begins, roughly between 6 to 9 months. One of the appointed Judges will handle the initial signing of the petition, at which point it is then sent to the SBI (State Bureau of Investigation) for extensive review. The SBI handles the review of a nationwide background check for prior Felony convictions, prior expungements, any case which would cause suspicion. Once the SBI has finished their portion of the process, the petition and SBI’s findings are then returned to the appointed Judge for their final ruling. The final decision on an expungement is up to the discretion of the Judge whether to grant or deny the petition.  Should the Judge deny a petition, there is a thirty day window to appeal the decision before the expungement process would be required to start over again.

The expungement process can be complicated when determining what documents to use, if there is a fee involved, and most importantly, if an individual is qualified.  In order to determine if you are eligible for an expungement, contact The Law Offices of Wiley Nickel, PLLC at (919) 585-1486.  Our office handles expungements in all 100 of North Carolina’s counties and would be happy to speak with you.

Expungement of Criminal Convictions in North Carolina

By | Uncategorized | No Comments

LawBlogPhoto
You may be thinking “This is the first conviction I have ever had, I can get this immediately removed from my criminal record!”  Unfortunately, you would be wrong in your assumption.  Regardless if this was your first conviction or your one hundredth, North Carolina has strict rules on expungements.  In addition, depending upon the severity of the offense which was committed, you may never be eligible to have the conviction removed from your criminal record.

 

The process in which to determine your eligibility is quite simple, contact The Law Office 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

North Carolina Expungement Information

By | Uncategorized | No Comments

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?

By | Uncategorized | No Comments

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.