How Does the Expungement Process Work 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.

 

North Carolina Expungement Lawyer Explains Expungement Process

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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.

Five Steps to getting a dismissed case expunged in North Carolina

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NC Expungement Information

NC Expungement Information

Important Note:  If your case was dismissed it will NOT be expunged automatically by the courts.  You need to file a petition to have your charges expunged from the system.  If you do not file an expungement petition the record will remain visible forever.  Example: If you were charged with Assault and the case was dismissed – any future employers, schools or housing agencies will see that you were charged with the crime and have questions about it.  It’s never a good first impression in any circumstance.

1.  Find out if you qualify for an expungement.  Contact The Law Offices of Wiley Nickel, PLLC for a free consultation to determine whether or not you qualify for a North Carolina expungement of your criminal charges.  We will review your records and let you know whether or not you qualify for an expungement.

2.  Confirm that you have not used a dismissal expungement before.  Generally you are only allowed to expunge a dismissed charge one time in North Carolina with some exceptions.  An attorney at our office will explain how this works.  As an example you can have cases expunged if your identity was stolen.

3.   File an Expungement Petition with the Court in the County where your case was dismissed.  An attorney in our office will file an expungement petition on your behalf.  You simply need to make payment to our office and provide some basic information to our office.

4.  Wait approximately 4-6 months for your petition to work its way through the system.  There’s no way to tell exactly how long this will take but on our end all we can do is file the petition with the courts and wait.  All counties take different times to process this sort of paperwork.

5.  Receive your certified expungement petition back from the courts and feel confident knowing that all official records of your charge have been erased.

The Law Offices of Wiley Nickel, PLLC handles expungement petitions for disimissed cases for the entire state of North Carolina.  We handle expungement petitions in all counties including Wake, Durham, Chatham, Orange, Mecklenburg, Guilford, Forsyth, Cumberland, New Hanover, Buncombe, Johnston & Harnett.

Contact Expungement Attorney Wiley Nickel at 919-585-1486 or directly by e-mail at wiley@wileynickel.com for a free initial consultation.  Our office is located in Cary, North Carolina and our main website for other legal services is www.wileynickel.com.

The Law Offices of Wiley Nickel, PLLC Earns BBB Accreditation

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The Law Offices of Wiley Nickel, PLLC is Committed to BBB’s Standards for Trust

This week, The Law Offices of Wiley Nickel, PLLC 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 Wiley Nickel BBB Accreditedmarketplace.

“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 defense 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

The Law Offices of Wiley Nickel handles criminal defense matters in Wake County North Carolina.  Our office is located in Cary at 2401 Weston Parkway.  We can be reached at 919-585-1486 any time for a free consultation.

 

www.wileynickel.com

2401 Weston Parkway, Suite 101

Cary, NC  27513

919-585-1486

 

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.

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How Do Expungements Work in North Carolina?

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My law firm handles a lot of expungement work.  If you have been charged with a crime (or if you know someone who was ever charged with a crime) you should understand the rules for expungements in North Carolina.  There are two important types of expungements out there: (1) expungements for dismissed cases and (2) expungements for that one minor charge on your record that happened a long time ago.                                                                                                     

My case was dismissed.  Is there still a record?

Yes!  Even if your case was dismissed a record remains visible for everyone to see forever unless it is expunged.  There is no procedure to automatically expunge a dismissed case.  The record stays visible forever.  If you were charged with possession of marijuana (or any other charge imaginable) and the case was dismissed there will be a record visible to everyone that says essentially “possession of a schedule VI controlled substance – case dismissed.”  Anyone who sees your record will have immediate questions about why you were charged with possession of a controlled substance.  In the employment context it makes for a horrible first impression for prospective employers.

How does it work to expunge a dismissed case?

Generally, everyone in North Carolina can have any dismissed case (or not guilty verdict) expunged once in their lifetime.  You can pretty much get rid of anything you want as long as the case was dismissed or you were found not-guilty.  You file a petition and after around six months the records are erased.

I just had that one stupid crime and it’s been a long time…

If you pled guilty to one minor crime or were found guilty of one minor crime and it’s been 15 years without another charge then you may be eligible to have the criminal record expunged.  The North Carolina Legislature has essentially said that if you have one minor criminal charge on your record and have stayed out of trouble for fifteen years then you can apply for an expungement of that charge.

How does it work to get rid of that old conviction?

You need to provide some affidavits and affidavits from people who will attest to your good moral character in addition to the expungement petition. If you qualify for an expungement of that old criminal conviction there is a good possibility you can have the charge erased.

What is the effect of an expungement?

An order granting a petition for an expungement has two basic effects. One, it requires deletion of records about the case. Two, it seeks to restore the petitioner to the status he or she had before the criminal proceedings occurred.  The deletion requirement applies to North Carolina’s courts, state and local law enforcement agencies, other government agencies, and certain organizations in the business of providing criminal history information.  The expunction statutes express in various ways the principle that an expunction restores a person’s status as if the proceeding had not occurred. Most expunction statutes state this principle explicitly. Most also state that a person who receives an expunction may not thereafter be held under any provision of law to be guilty of perjury for failing to acknowledge the expunged criminal proceedings.

How do I move forward with an expungement?

There are dozens of other ways to have charges expunged.  A lot of good options are available for charges that happened when the petitioner was 21 and younger.  If you would like a free consultation about whether you qualify for an expungement or if you would like to know whether someone else qualifies for an expungement then please contact my law office at 919-948-7159.  You can speak to an expungement lawyer who will walk you through the process and explain your options.

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An Explanation of Misdemeanor Charges in North Carolina

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There are two main classes of crimes in North Carolina: misdemeanors and felonies. Misdemeanors are divided into four different categories (A1, 1, 2, and 3), depending on the seriousness of the offense. The final outcome in any particular case depends on the individual facts of the case, the defendant’s criminal record, and any agreements that the defendant enters into with the district attorney’s office.

To make things even more confusing we have infractions which do not have jail time (i.e. some driving charges) and we treat drunk driving (DWI) as its own totally separate system on punishment system.

Class 3 Misdemeanor

A Class 3 misdemeanor, the least serious type of misdemeanor, carries a maximum penalty of twenty days in jail and a $200 fine. Class 3 misdemeanors include simple possession of marijuana, concealing goods in a store, DWLR, 2nd degree trespass and city code violations.  Now if you have less than four prior convictions on your record you can only be charged with a fine for a class 3 misdemeanor – so jail time and probation Is officially off the table for many in North Carolina.

Class 2 Misdemeanor

A Class 2 misdemeanor carries a maximum penalty of sixty days in jail and a $1,000 fine. Class 2 misdemeanors include simple assault, disorderly conduct, resisting a police officer, and carrying a concealed weapon.

Class 1 Misdemeanor

A Class 1 misdemeanor carries a maximum penalty of 120 days in jail and a discretionary fine. Class 1 misdemeanors include possession of drug paraphernalia, larceny, DWLR if your license was revoked for DWI, possession of stolen goods, damaging real or personal property and communicating threats.

Class A1 Misdemeanor

A Class A1 misdemeanor, the most serious type of misdemeanor, carries a maximum penalty of 150 days in jail and a discretionary fine. Class A1 misdemeanors include assault with a deadly weapon, assault inflicting serious injury, assault on a female, assault on a government employee and violation of a restraining order.

What are my Options?

If you have been charged with a misdemeanor, your case will be heard in District Court. You may have a number of options in your case.

  • Your attorney can negotiate a plea deal where plead guilty to a lesser charge.
  • Your attorney can show the District Attorney what a strong case you have or why the charges are bad and the DA will dismiss the case.
  • If witnesses do not show up to court the case can ultimately be dismissed if the witness never shows up.
  • Depending on your criminal record, you may be eligible to participate in a community-service or substance-abuse counseling program that will result in dismissal of your case.  This is called a deferral program.
  • You can plead “not guilty” and request a trial.

What happens if I have a trial? 

If you request a trial, the State must prove that you are guilty beyond a reasonable doubt. District-court trials take place before a judge who hears evidence and determines whether the State has proved your guilt. This is called a “bench trial.”  You do not have the right to a jury trial in District Court.  If the judge finds you not guilty, the case ends and you may go free. If the judge finds you guilty, the judge will impose a sentence in your case ranging from a small fine, to probation, to an active prison sentence. If you are convicted of a misdemeanor in District Court you can appeal your conviction to Superior Court. Once in Superior Court, you are entitled to a new trial before a jury of twelve randomly-selected members of the community.

What will show up on my record afterwards?

Unfortunately whenever anyone is charged with a crime (not matter how totally bogus the charges are) the record remains forever unless it is expunged.  We handle expungements for dismissed cases and also expungements for certain crimes where there is a conviction on your record.  For many the worst part of a crime isn’t the punishment it’s the effect on their ability to earn a living.  Even if the charge was a mistake and you had nothing to do with a hypothetical assault case you will still have to explain to a prospective employer why you have a dismissed assault charge on your record – unless it is expunged.  We will fight hard to protect your reputation and will explain the rules to expunge your charges if you are eligible.

Contact Raleigh Criminal Defense Attorney Wiley Nickel 

A Wake County misdemeanor charge requires a skilled and experienced lawyer. If the State of North Carolina does not have sufficient evidence to prove that you committed a crime you may be entitled to a dismissal or a reduction of your charge. Or if the State violated your Constitutional rights during the investigation or prosecution of your case, a judge may suppress certain evidence in your case, meaning that the State cannot use the evidence against you at trial and dismissal is usually in order. Contact our Wake County law office today for a free consultation about your particular misdemeanor case.  Raleigh attorney Wiley Nickel will walk you through the steps for your case and offers free consultations.  You can reach The Law Offices of Wiley Nickel, PLLC at our office located in Cary, NC at 919-948-7159.