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Charged with a Class 1 Misdemeanor? Now what?

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NC Expungement Lawyer
NC Expungement Information

In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.

Examples of Class 1 Misdemeanors that our office handles include but are not limited to:

  • Breaking or Entering Buildings (NCGS 14-54(b))
  • Communicating Threats (NCGS 14-277.1)
  • Contributing to the Delinquency of a Juvenile (NCGS 14-316.1)
  • Driving While License Revoked (Impaired Revocation) (NCGS 20-28(a1))
  • Failure to Stop for Stopped School Bus (NCGS 20-217)
  • Hit and Run Property Damage (NCGS 20-166)
  • Injury to Personal Property, >$200 (NCGS 14-127)
  • Larceny of Property, Worth $1000 or Less (NCGS 14-72)
  • Misuse of 911 (NCGS 14-111.4)
  • Possession of Certain Controlled Substances (NCGS 90-95(d)(2))
  • Possession of over ½ once of Marijuana (NCGS 90-95(d)(4))
  • Possession of Stolen Goods (NCGS 14-72)
  • Possession / Manufacture of Fraudulent ID (NCGS 14-100.1)
  • Purchase/Possess/Consume Alcohol by Person under 19 (NCGS 18B-302)
  • Speeding to Elude (NCGS 20-141.5)
  • Unauthorized Use of Motor Vehicle (NCGS 14-72.2)

What are the consequences for a Class 1 Misdemeanor?

The consequences for a Class 1 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.

Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.

Offenders who are record level II may be sentenced to up to 45 days in jail at the judge’s discretion or may be sentenced to probation, community service or simply asked to pay a fine.

Offenders who are a record level III may be sentenced to up to 120 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.

An experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the class 1 mesdemeanor expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.

North Carolina Expungement Process Explained

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What is an NC Expungement?

Expungement is the process in which a person convicted of a crime is eligible to have that charge removed from their record. Even after a case is dismissed, the charge will remain visible to future employers, customers, landlords, universities, and insurance agents. If not properly handled, this can have serious negative implications on your future. It is strongly advised you speak with an experienced attorney to manage your case.

At The Law Offices of Wiley Nickel we have experienced Raleigh Expungement Lawyers to handle your case. We will work tirelessly to make sure we defend your rights, and that you walk away with a clean record.

Expungement Eligibility

Expungements vary from case to case, but you may be eligible for any of the following:

  • Expungement of Juvenile Records
  • Expungement of Juvenile Records for Dismissed Cases
  • Expungement of Drug Offenses for Persons 21 and under
  • Expungement for Cases of Identity Theft
  • Expungement for Misdemeanor Possession of Alcohol (under 21)
  • Expungement of Misdemeanors Committed before 18th birthday
  • Expungement when charges are dismissed and there are findings of Not Guilty
  • Expungement when a pardon of innocence is Granted by the governor
  • Expungement for first offenders (21 and under) of certain drug paraphernalia charges
  • Expungement of certain gang offenses (17 and under)
  • Expungement of Non-Violent felonies committed under the age of 18
  • Expungement of Older Non-Violent Misdemeanor and Felony Charges (5 year wait for certain misdemeanors and 10 year wait for certain felonies)

   The Process

Step #1: Determining Eligibility – Varies case to case, we will determine eligibility based off your court records.

Step #2: Filing the Petition – Once determined eligible, we will file a petition for expungement in the clerk’s office in the county where you were charged.

Step #3: Review by the State Bureau of Investigation (SBI) – Following the initial signature from a judge or district attorney (if required) the petition will be sent to the SBI. They will conduct a search on your criminal history in NC and attach any additional records. Those additional records will be sent to the NC Administrative Office of the Courts (AOC). After reviewing the petition for prior expungements, the AOC attaches its findings and sends it back to the clerk’s office in the county where the crime took place. This process is quite lengthy and can take multiple months.

Step #4: Final Judgement by the Court – Once the petition is returned to the courthouse, a judge makes a final jurisdiction based on the information from the SBI and AOC. It’s up to the judges discretion if they want to grant expungement without a formal hearing. If there is any question about the subjects eligibility, or an objection from the District Attorney, then a formal hearing might be required. That final hearing will either grant or deny expungement.

Step #5: Removal of Expunged Records – The clerk of court is statutorily required to send notice of expunction to all relevant agencies that have information about your case.

Law Firm Located in Cary, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County.  Our firm practice areas include: DWI/DUI’s, marijuana charges, assault, battery, larceny, theft, traffic tickets, and more. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a Wake County Criminal Defense Lawyer Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

How do I clean my North Carolina Criminal Record?

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Everyone makes mistakes, but everyone also deserves a chance at redemption. In the state of North Carolina, cleaning your record is referred to as the expungement process. The expungement process can be quite convoluted, and is subjected to several conditions depending on your case.

Even if your case was dismissed, a charge on your record can still negatively impact your professional aspirations, getting into schools, your insurance, and more. It’s important that you speak with an experienced expungement attorney to make sure your case will be properly handled. At the Law Offices of Wiley Nickel we have attorneys with years of experience handling expungements.

Am I eligible for my case to be Expunged?

There are numerous factors that may allow you to have your charge expunged. Here are some of the more common questions we receive. 

  • Age during offense
  • Were you arrested?
  • Were you convicted?
  • What is the class of offense?
  • Do you have any prior criminal history?
  • Have you had something expunged in the past?
  • Do traffic violations count?

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a criminal defense lawyer or a Wake County Expungment Lawyer contact Attorney Wiley Nickel or Attorney Kristi Haddock at 919-585-1486 for a free consultation.

Your case is over but your record remains visible for all to see!

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If your case was dismissed, 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.  Contact NC Expungement Lawyer Melissa Botiglione for a free consultation to see if you are eligible for a North Carolina Expungement.

Why do you need a North Carolina Expungement? 

As soon as an Expungement has been granted North Carolina law states that you do not have to say you were ever arrested, charged or stood trial for the Expunged offense.  Read this very closely!  Under North Carolina Law: “no person as to whom such an order has been entered… shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person’s failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial.”

Expungement when charges are dismissed or there are findings of not guilty.

Expunction of records when the case is dismissed or there are findings of not guilty. – N.C. G.S. 15A-146

N.C. G.S. 15A-146 provides for expungement of charges in cases that were either dismissed or where a person was found not guilty.  The person cannot have any felony convictions on their record.  An individual is only allowed to use this kind of expungement as many times as they want since the law changed on December 1, 2017.  This is a great Expungement to use if your cases was dismissed under N.C. G.S. 90-96 (Conditional Discharge of First Time Drug Offenders).

Expungements Under 15A-146

  • Am I eligible? You can us a dismissal expungement as many times as you want under current law as long as you don’t have an active case or a felony conviction. Ask our law office for a free case evaluation and we’ll tell you if you’re eligible or not.
  • When are you eligible? Any age.
  • Fees? No filing fees for most dismissed case. A filing fee of $175 for court costs applies when the case is dismissed as a result of a formal deferral program where a judge has signed the deferral contract (i.e. 90/96).
  • Link to statute

    Call 1 (919) 585-1486 for a free consultation with North Carolina Expungement Lawyers Wiley Nickel & Melissa Botiglione.  If you do not qualify for an expungement you may qualify for a Certificate of Relief.

     

How Do I Remove a Dismissed Criminal Case From My Record in North Carolina?

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A big question we often get from clients after getting their case is dismissed is “how will it affect my record?” Will a background check reveal that I was arrested? Will the charges show up when I go to rent property? The short answer is usually yes, the arrest and charges would still appear unless you get an expungement.

Expungement of Dismissed Cases in NC

Expungement is a way to remove convictions or dismissed cases from your record so that future background checks won’t display any arrests or charges. For North Carolina residents, the possibility of pursuing expungement has recently changed in a good way. North Carolina has recently made it much easier to get dismissed cases removed from your record through the expunction process.

Governor Roy Cooper signed a new expungement law, which took effect on December 1, 2017. This new law cuts down the wait time for non-violent misdemeanor and felony convictions. Misdemeanor conviction wait times have been reduced from 15 years to 5. Felony convictions from 15 years to 10. The new law has also lifted the limit of one expungement when the defendant’s charges were dismissed or they were acquitted. Now if the defendants whose charges are dismissed or who were found “not guilty” can apply for as many expungements as they want (assuming no felony convictions or active criminal cases).

Petitioning for an expungement can seem easy but it has a number of steps and involves a good amount of specific clerical work. The petition must be filed in the county where the charges took place. Also, the expungement process is a lengthy one so properly filling out and filing the paperwork is very important as a small mistake could mean your petition gets denied and you have to start again from scratch (having lost tons of time).

If you have a dismissed case or a not guilty verdict on your record contact The Law Offices of Wiley Nickel, PLLC for a free North Carolina expungement consultation.  Our office is located in Cary, NC and we handle expungements throughout North Carolina. Our phone number is 919-585-1486.  Contact a North Carolina Expungement Lawyer today to discuss your case.

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.

 

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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