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Jan 22 2019
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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.

     

May 17 2014
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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.

May 02 2014
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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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Apr 30 2014
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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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