The number of expunction orders in FY 2016/2017 is displayed below and startlingly small relative to the estimated 25 percent of adults in our state with a criminal record. New Eligibility Rules for those with multiple nonviolent misdemeanor or felony convictions. North Carolina Governor Roy Cooper signed Senate Bill 445 into law on July 28, 2017. The primary exception to this is for purposes of federal immigration. Raleigh Criminal Defense Law Firm | 919-585-1486 | Law Offices of Wiley Nickel. The primary goal of this expunction guide is to increase access to expunction relief for North Carolinians with criminal records by providing members of the North Carolina bar with the information necessary to practice in this area of law. Underage Convictions. Major Changes for North Carolina Expungement Eligibility on the Horizon. NCGS §15A-148…………….. [p. 13], Pardon of Innocence……………………………. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. North Carolina enacted another new law called the Second Chance Act in June 2020 that streamlines the expungement process and allows even more individuals to clear their criminal record. If you have anything on your record that happened before you turn 18 you should call for a free consultation today. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. One major change is in the number of expungements people can get in North Carolina. The bill applies to offenses committed before that date. Those who were 16 or 17 and convicted with a date of offense prior to December 1, 2019 are eligible for an expungement of all misdemeanors and H or I felony convictions with some minor exceptions … An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. In 2011 Wiley left his work for the White House to return to the practice of law. In addition, individuals who have lived in North Carolina for at least one year, who have a single non-violent felony conviction and no violent misdemeanors, may petition the court in their county of residence twenty years after their civil rights were restored for restoration of firearms rights under North Carolina state law. You have a right to the best representation in Raleigh. By Jason Schaumburg. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. A CRIMINAL RECORD often gives rise to significant barriers to gainful employment, affordable housing, family unification, and a variety of other benefits and opportunities essential to productive citizenship. 5 the general assembly of north carolina … There are about 20 different AOC forms that are available online when searching the word "expunction," and the new forms have now been released. Discharge for Threat of Mass Violence….. NCGS § 15A-145.7……………[p. 11], Charge Resulting in Dismissal or Not Guilty ….. NCGS §15A-146…………….. [p. 12], Identity Theft……………………………………. It is important to remove arrests from your criminal history report across North Carolina. Wiley Nickel lives and works in Cary, North Carolina. In North Carolina, an expunction is the destruction of a criminal record by court order. Sen. Floyd McKissick Jr., a Durham Democrat, said this would make sure that when someone is found not guilty or charges dismissed, “they aren’t burdened with a scarlet letter their whole lives.”. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. Written by Bill Hunter, Prism Family Law Firm. A petition must be filed in the County Courthouse where the charge originated. Types of Expunctions and Their Requirements This guide groups expunctions of adult criminal matters into four main categories, corresponding to the main types of expunctions available under North Carolina law. Review by the SBI (North Carolina State Bureau of Investigation) Following an initial signature by a … These frequently asked questions are located on pages 24 through 29. The law would soon allow for those with more than one conviction on different dates to seek relief. The proposed law requires a 20-year wait after your conviction on a first degree felony to apply for expungement; you will have to wait 15 years for second degree felony. Dubbed The Second Chance Act, the legislation allows certain felonies and misdemeanors committed before Dec. … The bill applies to offenses committed before that date. The bill passed the Senate with bipartisan support after an amendment to take out language that would have included traffic violations. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. NCGS §15A-145.3………….. [p. 8], Nonviolent Felony Under Age 18……….……… NCGS §15A-145.4………….. [p. 9], Nonviolent Offense……………………………… NCGS §15A-145.5…………… [p. 10], Prostitution Offense……………………………… NCGS §15A-145.6…………… [p. 11], Cond. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. Getting a job, obtaining a professional license, leasing a residence, or gaining admission to college, can be difficult when you have a criminal record in your past. A single nonviolent felony remains eligible after a 10-year waiting period running from completion of sentence, including any period of probation or parole (which includes payment of fines and other court costs); a single misdemeanor … He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. While the number of individuals eligible for expunction is limited by relatively rigid eligibility criteria, the vast majority of individuals actually eligible for expunction relief do not obtain it. The Second Chance Act allows certain felonies and misdemeanors committed before Dec. 1, 2019, to be expunged from a juvenile’s record. As a former prosecutor I know how the other side thinks and I will fight to ensure you're not a victim of the law. He spent three years travelling with President Obama as a member of his national advance team. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. The expunction process would be a click of a button, he said, and would not burden clerks. For those under 18 at the time of the offense, the wait period is two years. The new North Carolina law allows expungement for the following crimes: Misdemeanor larceny convictions for those over the age of 18 at the time of the offense – with a five-year waiting period. If you are under the age of 18, you are eligible after 2 years. CALL FOR A FREE CONSULTATION at 1 (919) 650-2851 with a Raleigh Criminal Defense Attorney. (The Center Square) – Gov. This bill would bring major changes to North Carolina Expungement law. Privacy Policy. For those who have been caught and either charged or convicted of a crime, North Carolina law has created expungement (often referred to as expunction) statutes which provide the guidelines and requirements for erasing your criminal record. New Eligibility Rules for those with convictions from under the age of 18. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. Call Attorney Wiley Nickel for a free consultation at (919) 585-1486. She will also be involved in the North Carolina expungement section of the law firm. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Starting on July 1, 2020 the process would become automatic after most dismissals or not-guilty verdicts. (The Center Square) – Gov. Please see North Carolina General Statutes §15A-151 for other exceptions. Wiley is licensed to practice law in North Carolina and California. He spent three years travelling with President Obama as a member of his national advance team. If you have questions about whether you are eligible for a North Carolina expungement if this bill becomes law please call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation. On June 25, 2020, Governor Roy Cooper signed the Second Chance Act (the “Act”) into law. Please see North Carolina General Statutes §15A-151 for other exceptions. North Carolina Expungement Attorney Even if you're not sure if you are eligible for expungement, you should consult a North Carolina attorney experienced with the legal process. Instead, criminal records eligible for expunction in North Carolina are generally limited to the following three categories: A first-time conviction of a nonviolent offense Updated information on North Carolina Criminal Defense Law. “▪ SB 562: The Second Chance Act bill would automatically expunge the records of people who had charges dismissed or were found not guilty of nonviolent and nonsexual crimes. The 2020 Second Chance Act broadened North Carolina’s expungement law, authorizing for the first time expungement of more than one non-violent misdemeanor. NCGS §15A-149…………….. [p. 13], Overview of Recent Legislative Reforms ……………..……………………….……….[p. Since 2011, North Carolina law has allowed for the expungement of some first-time convictions, but few people are aware of the option. Almost all H and I Felony Convictions and almost all misdemeanor convictions are now covered minus DWI related or sexual registry related convictions under the age of 18. Criminal record relief (expungement, sealing, set aside) As in past years, the reform measure most frequently enacted in 2019 was record relief, i.e. North Carolina Passes New Expungement Law SB 445 November 21, 2017 New North Carolina Law. Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process. The current law just allows people get one conviction. What the New Expungement Law in NC Does The new law changes a handful of things for people with criminal histories, including: Reduces the waiting period for misdemeanor convictions from 15 years to 5 years Reduces the waiting period for felony convictions from 15 years to 10 years The new law would go into effect on December 1, 2019 for convictions and on July 1, 2020 for automatic dismissals after the case finishes in court. On June 10, 2020 the Second Chance Act, dubbed the “clean slate” bill, passed in the House 119-0. Everyone makes mistakes. Lower level felonies would carry 10 year waiting periods. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel, PLLC is pleased to announce that Attorney Lindsey Granados will be joining the firm as a Senior Criminal Defense Associate beginning February 3, 2020. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. 2019 college grads in North Carolina carried an average of $26,583 in student debt Debt-to-income ratio of North Carolina households averaged up to 1.75 in Q2 63.4% of North Carolina households self-reported their 2020 census data, study finds The new laws, which took effect in December 2017, are complex at first glance. By December of this year, first-time, non-violent offenders in North Carolina will be given new opportunities for criminal record expungement. North Carolina Expungement Bill passes the NC Senate. For assistance in understanding the statutory barriers to particular benefits or opportunities that may arise due to a specific criminal record, please use the UNC School of Government’s Collateral Consequences Assessment Tool. He said that it gives people a better chance when applying for jobs or renting an apartment. North Carolina courts hand out nearly 100,000 convictions each year, but fewer than 2,000 people have had a conviction expunged (cleared or sealed) since the law … march 7, 2019 *h284-v-1* 1 a bill to be entitled 2 an act to modify the amount of time a person must wait before filing 3 a petition for expunction of a nonviolent misdemeanor or felony, 4 and to allow the expunction of a violent misdemeanor or felony. Expungement of Juvenile Records The Act broadens the availability of expungement of convictions in North Carolina. Instead, criminal records eligible for expunction in North Carolina are generally limited to the following three categories: This summary provides details of the following twelve expunction statutes: In addition, this summary provides the following information and resources: Also included in this summary are answers to questions regarding terms, interpretations, and procedures that frequently arise in petitioning for relief under North Carolina’s expunction laws. The new law would go into effect on December 1, 2019 for convictions and on July 1, 2020 for automatic dismissals after the case finishes in court. Expunction of Records. However, the new law allows a much more liberal application to people who even have multiple convictions. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. The bill moves on to the House for expected passage and then a signature by Governor Roy Cooper. The sooner you call, the sooner I can start fighting for you!". In S.L. General Assembly Of North Carolina Session 2019 Page 2 DRS45209-ML-81 1 (e) The court shall also order that the conviction be expunged from the records of the 2 court. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. Expungement makes it easier for people with criminal records Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process. However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction. expungement, sealing, or other mechanism to limit access to criminal records or set aside convictions. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. He is not working, Wiley is licensed to practice law in North Carolina Statutes. Records for first offenders under the age of 18 would carry 10 year waiting periods degree. A click of a criminal record in North Carolina signed the Second Chance Act ( “. Danny Britt Jr., a Republican who represents Robeson and Columbus counties, it. 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