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.

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.