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    The Law Offices of Wiley Nickel, PLLC
    2401 Weston Parkway, Suite 101
    Cary, NC 27513

    Phone:

    1 (919) 585-1486

    Email:

    wiley@wileynickel.com

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    Find us on Google+ http://WileyNickel.com http://ExpungeMyNCRecord.com 

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    NC Expungements

    Raleigh, NC Expungement Lawyer - Wiley Nickel

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

    If your case was dismissed, you can protect your reputation and rebuild your life through the process of Expunging your 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.

    Why do you need an 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.”

     

     

    Expungements for Pleas of Guilty or findings of Guilt at Trial

    Even if your case was NOT dismissed there is still light at the end of the tunnel.  There are still a number of different ways you can protect your reputation and have your record expunged.  In certain situation North Carolina allows a once in a lifetime opportunity to clear the record associated with a guilty plea or a finding of guilt at trial.  Contact the Law Offices of Wiley Nickel for a free consultation to see if you qualify to have your record Expunged.

    You may be eligible for Expungement for 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 Certain Very Old Misdemeanor Larceny Convictions
    • Expungement for Misdemeanor Possession of Alcohol (Under 21)
    • Expungement of  Misdemeanors Committed before 18th Birthday
    • Expungement when charges are dismissed or there are findings of not guilty.
    • Expungement when a Pardon of Innocence is Granted by the Governor
    • Expungement for first offenders (21 and younger) of certain toxic vapors/drug paraphernalia charges.
    • Expungement of certain Gang Offenses (17 and younger)
    • Expungement of non-violent felonies committed under the age of 18
    • Expungement of Older Nonviolent Misdemeanor and Felony Convictions

    After your Expungement is Granted

    An Expungement seals a case that has been dismissed from public view.  When the process is completed all records from the Police Department, North Carolina Courts, Sheriff's Department (including your jail mug shot, photos on the Sheriff’s pblic website and fingerprints) will be sealed from the view of the general public.  In some cases your DNA can be destroyed and your DMV records can possibly be erased.  No future employers, current employers, customers, landlords, colleges and insurers can see what you have been accused of in the past.

    Certain government agencies may still be able to find your criminal record after expungment but a general check of your record will show nothing. This means that a background-check done by your employer or college will usually not disclose any record of arrest or involvement in criminal activity.

    Call our Cary, North Carolina office at 919-585-1486 to schedule a free consultation about clearing your criminal record through Expungement. 

     

     

    Expungement for Juvenile Criminal Records

    Expunction of records of juveniles adjudicated (tried and found guilty) delinquent and undisciplined - N.C. G.S. 7B-3200

    If a person was adjudicated (found guilty) delinquent and undisciplined as a juvenile, state law provides for the expungement of those records.  The person must wait until their 18th birthday to apply for the expungement.  This does not apply to serious crimes (class A through E felonies).  To be eligible the person cannot be found guilty of any later crimes committed as a juvenile (15 and under) or an adult (16 or older).

    Expungements Under 7B-3200

    • Am I eligible?  Your record must be clean.  Any later felony or misdemeanor convictions (other than minor traffic violations) will disqualify you from being eligible under this statute.
    • When are you eligible?  At 18 years old and/or 18 months after you have been released from juvenile court jurisdiction.
    • Fees?  No filing fees.
    • Link to the Statute

     

    Expungement for Juveniles charged with crimes but their case was ultimately dismissed.

    Expunction of records of juveniles alleged to be delinquent and undisciplined where the case was dismissed. - N.C. G.S. 7B-3200(h).

    If a person was alleged to be delinquent and undisciplined as a juvenile and the case was dismissed, state law provides for the expungement of those records of arrest.  The person must wait until their 16th birthday to apply for the expungement.  This is a great way to get rid of a record of arrest for a juvenile who completed a deferred prosecution program where his/her case was ultimately dismissed.

    Expungements Under 7B-3200(h)

    • Am I eligible?  Your case must have been dismissed without an adjudication that you were delinquent or undisciplined.
    • When are you eligible?  16 years old and older
    • Fees?  No filing fees.
    • Link to the Statute

    Expungement of Drug Offenses for Persons 21 and under

    Expunction of certain dismissed drug offenses for First Offenders 21 and under when the arrest occurred - N.C. G.S. 15A-145.2

    If you were charged with a misdemeanor or certain felony drug possession charges under N.C. G.S. 90-96 (conditional discharge of first time drug offenses) and the charges were subsequently dismissed, you were found not guilty or you were found guilty you could be eligible to have those charges expunged.  Again this is one time only expunction.  It also applies for drug paraphernalia charges.

    Expungements under 15A-145.2

    • Am I eligible?  Under most situations this can be the only felony or misdemeanor drug charge on your record (other than minor traffic violations).  You had to be 21 years or younger at the time of the offense.
    • When am I eligible?  As soon as the charges are dismissed or you are found not guilty.  If you are found guilty then you must wait 12 months from the date of conviction to apply. 
    • Cost? $65.00 filing fee.
    • Link to the Statute 

     

    Expungement for Cases of Identity Theft 

    Expunction when charges are dismissed or with findings of not guilty as a result of identity theft - N.C. G.S. 15A-147

    If you were charged with a misdemeanor or felony as a result of identity theft (i.e. someone fraudulently giving your name to the police) and the case was dismissed (or you were found not guilty) then you can have the record expunged.

    Expungements under 15A-147

    • Am I eligible?  Only if your case revolved around identity theft (someone else used your name and info).
    • When am I eligible?  As soon as the charges are dismissed or you are found not guilty.
    • Cost? No filing fee.
    • Link to statute

     

    Expungement for Certain Old Misdemeanor Larceny Convictions 

    Expunction of Larceny Conviction 15 Years Prior - N.C. G.S. 15A-145(d1)

    If you were convicted of a misdemeanor larceny charge and have generally stayed out of trouble (no felony convictions) for 15 years then you are possibly eligible to have your record expunged.  Use of this expunction does not preclude you from using certain other expunctions.

    Expungements under 15A-145(d1)

    • Am I eligible?  If you received a misdemeanor larceny conviction and have stayed out of trouble for fifteen (15) years since your conviction then you could be eligible.  If you have ever been convicted of a felony you are not eligible.
    • When am I eligible? 15 years after the conviction.
    • Cost? $125.00 filing fee.
    • Link to statute 

     

     

    Expungement for Misdemeanor Possession of Alcohol (Under 21)

    Expunction of Possession of Alcohol by Persons Under 21 Years - N.C. G.S. 15A-145(a)

    If you were convicted of possession of alcohol under N.C. G.S. 18B-302(b)(1) and the offense was committed before your 21st birthday you could be eligible to have the record Expunged.  You must wait two (2) years from the conviction or completion of probation to apply for an Expunction.  Any misdemeanor or felony convictions during the two years after your alcohol conviction make you ineligible for expungement. 

    Expungements under 15A-145(a)

    • Am I eligible?  If you’ve stayed out of trouble for two years after your alcohol charge (minus minor traffic offenses).
    • When am I eligible?  Two years after your conviction or the completion of probation.
    • Cost? $125.00 filing fee.
    • Link to statute 

     

    Expungement of  Misdemeanors Committed before 18th Birthday 

    Expunction of Misdemeanors Committed by a Minor - N.C. G.S. 15A-145(a)

    If you were convicted of a misdemeanor and the offense was committed before your 18th birthday you could be eligible to have the record expunged.  You must wait two (2) years from the conviction or completion of probation to apply for the expungement.  Any misdemeanor or felony convictions during the two years after your conviction make you ineligible for Expungement.

    Expungements under 15A-145(a)

    • Am I eligible?  If you’ve stayed out of trouble for two years after your misdemeanor (minus minor traffic offenses).
    • When am I eligible?  Two years after your conviction or the completion of probation.
    • Cost? $125.00 filing fee.
    • Link to statute

     

    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 once.  This expungement is not allowed if certain other records have already been expunged.  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 only use this once and you can’t have used a prior expungement under several other sections of state law.  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.
    • Link to statute

     

    Expungement when a Pardon of Innocence is Granted by the Governor 

    Expunction of records when a pardon of innocence is granted

    If you were pardoned by the Governor of North Carolina you may apply for an expungement of all your criminal records with the pardoned offense.

    Expungements Under 15A-149

    • Am I eligible?  Only if you’ve received a pardon.
    • Fees? No Filing Fees
    • Link to statute

     

    Expungement for first offenders (21 and younger) of certain toxic vapors/drug paraphernalia charges.

    Expunction of records for toxic vapors/drug paraphernalia charges

    If you were 21 and under and completed a first offenders program for toxic vapors or drug paraphernalia you are eligible to have your record expunged.

    Expungements Under 15A-145.3

    • Am I eligible?  You must have been 21 or younger at the time of the offense.
    • When am I eligible? After a dismissal (usually upon the successful completion of a first offenders progam) of the charges or 12 months after the date of conviction for a guilty plea or finding of guilt.  You also must have stayed out of trouble during the time after your charge.
    • Fees? No filing fees
    • Link to statute

     

    Expungement of certain Gang Offenses (17 and younger)

    Expunction of records for certain gang offenses

    If you were 17 or younger and charged with certain gang offenses you may be eiligible to have your record expunged.  You had to have pled guilty or been convicted of an offense under  Article 13A of Chapter 14 of the N.C. G.S. North Carolina Street Gang Supression Act)  or an enhanced offense under N.C. G.S. 14-50.22 (gang enhancement for those 15 and older).  You are also eligible if your charges were dismissed under N.C. G.S. 14-50.29 (conditional discharge for first time offenders under 18).  This must be the only felony or misdemeanor on your record (outside of traffic offenses).  You must wait until two years after your probation finished or after the conviction if no probation was imposed.

     Expungements Under 15A-145.1

    • Am I eligible?  You had to have been 17 or younger and have a clean record other than this one offense.
    • When am I eligible?  Two years after your conviction (without probation) or after the completion of probation.  You must have a clean record during this time.
    • Fees? No filing fees
    • Link to statute

     

    Expungement of non-violent felonies committed under the age of 18 

    Expunction of records of non-violent felony under age 18

    If you were convicted of a non-violent felony under the age of 18 then you may be eligible to have your record Expunged.  This can be the only conviction on your record.  You must also perform 100 hours of community service.  You must also wait four years after the conviction where no sentence was imposed or four years after finishing probation/jail time.

    Expungements Under 15A-145.4

    • Am I eligible?  This can be your only conviction on your record and you had to have been under 18.
    • When am I eligible? Four years after the conviction or completion of probation/jail time.
    • Fees?  No filing fees
    • Link to statute

     

    Expungement of Older Nonviolent Misdemeanor and Felony Convictions

    G.S. 15A-145.5 authorizes expunction of older nonviolent misdemeanor and felony convictions. This type of expunction is effective for petitions filed on or after December 1, 2012. So a person who satisfies the statutory criteria may obtain an expunction whether the offense happened before or after that date.

    “Nonviolent felony” and “nonviolent misdemeanor” are defined in G.S. 15A-145.5. The offense may not fall into one of several categories, it can’t be a Class A through G felony or Class A1 misdemeanor, which leaves only Class H and I felonies and Class 1, 2, and 3 misdemeanors eligible for an expunction.

    A waiting period is required before the filing of an expunction petition. G.S. 15A-145.5(c) states that a petition may not be filed “earlier than 15 years after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.” This language appears to require that a person wait until 15 years have passed from the date of conviction or 15 years from when the person completes the terms of his or her sentence, whichever occurs later.

    Most expunction statutes provide that the court “shall” or “must” grant an expunction petition if the court finds that all of the statutory requirements have been met.  G.S. 15A-145.5(c) states that the court “may” grant an expunction of a nonviolent felony or nonviolent misdemeanor conviction if the statutory requirements are satisfied.  Use of the term “may” could give the judge discretion to deny an expunction petition even if the petitioner has met all of the requirements.

  • Am I eligible? It depends on your record.  Call for a free consultation
  • When am I eligible? Fifteen years after the conviction or completion of probation/jail time.
  • Fees? $175
  • No Age limitation
  • Link to statute
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    How long does it take?

    All cases are unique but generally you're looking at around two to four months to complete the process.

     

    How does the North  Carolina expungement process work? 

    For those who are eligible the process is fairly easy and straight forward.  It is unlikely that you will have to appear in court or even come to our office.  Once you provide some basic information we will handle the rest.

    After gathering preliminary information the Law Offices of Wiley Nickel will ensure that your expungement is filed with the court and proceeds pursuant to the statutory provisions of North Carolina law.  This process requires that your expunction be approved by a number of officials including a judge, district attorney, the North Carolina State Bureau of Investigation, and the North Carolina Administrative Office of the Courts.  Since an expungement requires the coordination of so many different parties, it is often a lengthy process and could require several months to complete.  Our law firm will do everything possible to make sure your expungement proceeds as quickly as possible.

    Once the judge grants your expungement, your criminal record will be destroyed in all court records as well as in many administrative agencies that hold those records (DMV, Sheriff etc…).

     

    All Cases are Unique

    Every case and every situation is unique.  The information on this page has only been provided to give you general information about North Carolina Expungement Law and not to give you specific legal advice about your case.  Please call for a free consultation to see if you are eligible to have your record erased by the process of Expungement.

     

    Not Eligible for an Expungement? 

    If you're not eligible for an expungement a "certificate of relief" might help you with the problem that your conviction poses.  Call to see how a certificate of relief might help you with the job or license you're trying to get.

    We have included some information below about North Carolina’s certificate-of-relief procedure which was enacted by the General Assembly in 2011. The procedure is patterned after the Uniform Collateral Consequences of Conviction Act (Uniform Act), enacted in 2009 and amended in 2010 by the Uniform Law Commission. Through the Uniform Act, the Uniform Law Commission recommended that states allow people who have been convicted of a crime to apply for relief from collateral consequences that could impede their reintegration into society. North Carolina’s procedure, in Article 6 of G.S. Chapter 15A (G.S. 15A-173.1 through 15A-173.6), is effective December 1, 2011, meaning that it is available to people with criminal convictions who meet the requirements for relief whether their offenses or convictions occurred before or after December 1, 2011.

    The petitioner may obtain a certificate if he or she has been convicted of no more than two Class G, H, or I felony convictions or misdemeanor convictions of any class in one session of court. This language allows a certificate to be obtained for up to two convictions for any combination of the permissible conviction classes (for example, one Class H felony and one misdemeanor or two Class I felonies).

    If granted, a certificate of relief applies to two types of collateral consequences: “collateral sanctions,” defined as penalties, disabilities, or disqualifications imposed by operation of law; and “disqualifications,” defined as penalties that an agency, official, or court may impose based on the conviction. In other words, collateral sanctions are those that are mandatory in the absence of a certificate of relief (or other form of relief), while disqualifications are those that a board or commission would have the discretion to impose. A certificate of relief relieves the person of all mandatory collateral sanctions except those listed in G.S. 15A-173.3 (for example, sex offender registration requirements and firearm disqualifications under G.S. Chapter 14, Article 54A (The Felony Firearms Act) and Article 54B (Concealed Handgun Permit)); those imposed by the North Carolina Constitution or federal law (for example, the state constitutional ban on holding the office of sheriff if previously convicted of a felony and federal bans on federally assisted housing and food stamp benefits for some convictions); and those specifically excluded in the certificate. A certificate of relief does not bar an entity from imposing discretionary disqualifications based on the conviction, but the entity may consider the certificate favorably in deciding whether to impose the disqualification. A certificate of relief does not result in an expunction or pardon of the conviction; a person must use other mechanisms to the extent available to obtain those forms of relief.

    A certificate of relief also has the effect of limiting the liability of a person who works with someone who received a certificate of relief. G.S. 15A-173.5 provides that a certificate of relief bars a judicial or administrative action alleging lack of due care by a person who, knowing of the certificate of relief, hired, retained, licensed, leased to, admitted to a school or program, or otherwise transacted business or engaged in activity with the recipient of the certificate.

    Call 919-585-1486 for information about the procedures and to see if you qualify for a certificate of relief.

     

    Cases We Handle

     
    We handle N.C. District Court criminal cases in Wake County (including Raleigh and Cary, NC), Durham County, Orange County (including Chapel Hill, NC) and Chatham County (including Pittsboro, NC).

    We handle N.C. Superior Court criminal cases in Wake County, Durham County, Orange County and Chatham County.

    Copyright © 2013, The Law Offices of Wiley Nickel, PLLC. All rights reserved.

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