Director, Fair Chance Criminal Justice Project, Budget & Tax Center Research & Publications, EITC: A state tax credit for working families. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. He said that it gives people a better chance when applying for jobs or renting an apartment. 5 the general assembly of north carolina … The waiting period for those convictions is currently only 3 years. In 2011 Wiley left his work for the White House to return to the practice of law. Contact us below for Help Fast Or Call Us Now: 1 (919)-650-2851, 2401 Weston Parkway, Suite 101Cary, NC 27513, The Law Offices of Wiley Nickel, PLLC2401 Weston Parkway, Suite 101Cary, NC 27513. Major Changes for North Carolina Expungement Eligibility on the Horizon. When he is not working, Wiley is an avid family man, distance runner and golfer. Wiley is licensed to practice law in North Carolina and California. This act expands expungement eligibility for nonviolent criminal convictions and allows certain automatic expungements.To “expunge” is the legal process to erase or remove completely a criminal record in the eyes of the law. Multiple convictions are also covered. 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. 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. You have a right to the best representation in Raleigh. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. Updated information on North Carolina Criminal Defense Law. She will also be involved in the North Carolina expungement section of the law firm. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. The 2020 Second Chance Act broadened North Carolina’s expungement law, authorizing for the first time expungement of more than one non-violent misdemeanor. 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. 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 … These frequently asked questions are located on pages 24 through 29. Lower level felonies would carry 10 year waiting periods. Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. On June 25, 2020, Governor Roy Cooper signed the Second Chance Act (the “Act”) into law. 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. He spent three years travelling with President Obama as a member of his national advance team. 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. To become law, it must go through the committee process, pass through both the North Carolina Senate and House of Representatives, and be signed by the governor. The new laws, which took effect in December 2017, are complex at first glance. Current law provides for expunction of a first-time nonviolent misdemeanor after 5 years of good behavior and a first-time nonviolent felony after 10 years of good behavior. The current law just allows people get one conviction. It is important to remove arrests from your criminal history report across North Carolina. Raleigh Criminal Defense Lawyer Blog. By December of this year, first-time, non-violent offenders in North Carolina will be given new opportunities for criminal record expungement. The primary exception to this is for purposes of federal immigration. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. North Carolina Governor Roy Cooper signed Senate Bill 445 into law on July 28, 2017. 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. Review by the SBI (North Carolina State Bureau of Investigation) Following an initial signature by a … 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. Please see North Carolina General Statutes §15A-151 for other exceptions. 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. When he is not working, Wiley is an avid family man, distance runner and golfer. 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 … North Carolina Passes New Expungement Law SB 445 November 21, 2017 New North Carolina Law. It also eliminates barriers that limit certain … 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. 4], Certificate of Relief……………………………. Underage Convictions. Call Attorney Wiley Nickel for a free consultation at (919) 585-1486. 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. Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. Here are some of the major changes in the law that may help you. Expungement makes it easier for people with criminal records 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. 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 spent three years travelling with President Obama as a member of his national advance team. Privacy Policy. Criminal record relief (expungement, sealing, set aside) As in past years, the reform measure most frequently enacted in 2019 was record relief, i.e. The Second Chance Act allows certain felonies and misdemeanors committed before Dec. 1, 2019, to be expunged from a juvenile’s record. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The expunction process would be a click of a button, he said, and would not burden clerks. 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 Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. 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……………………………………. 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. This bill would bring major changes to North Carolina Expungement law. Everyone makes mistakes. 17], Petition for Expunction of Nonviolent Offense, Sample……………………………… [p. 18], Petition for Expunction of Dismissed Charges, Sample……………………………… [p. 19], Petitioner’s Affidavit, Worksheet…………………………………………………….. [p. 20], Petitioner’s Affidavit…………….……………………………………………………. [p. 21], Affidavit of Good Character, Worksheet……………………………………………… [p. 22], Affidavit of Good Character…………….…………………………………………….. [p. 23]. One major change is in the number of expungements people can get in North Carolina. The bill applies to offenses committed before that date. Expungement of Juvenile Records In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. 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. Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process. 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. The law would soon allow for those with more than one conviction on different dates to seek relief. “What this is is a jobs bill to get these people back into society, where they should be,” Britt said. In North Carolina, an expunction is the destruction of a criminal record by court order. Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process. The Second Chance Act allows certain felonies and misdemeanors committed before Dec. 1, 2019, to be expunged from a juvenile’s record. Public Investments: A Foundation for a Culture of Health in N.C. Consumer, Housing & Energy Research & Publications, Fair Chance Criminal Justice Project Staff, Health Advocacy Project Research & Publications, Early and Periodic Screening, Diagnostic, and Treatment (EPSDT), Immigrant & Refugee Rights Research & Publications, History of the Immigrant & Refugee Rights Project, Workers’ Rights Research & Publications, Repairing Our Broken Unemployment Insurance System, Securing Job Training & Workforce Development, Collateral Consequences of Criminal Convictions, UNC School of Government’s Collateral Consequences Assessment Tool, North Carolina General Statutes §15A-151, Summary of North Carolina Expunctions (2019), Juvenile Record………………………………… NCGS §7B-3200 .…………… [p. 5], Misdemeanor Under Age 18…………………… NCGS §15A-145 ………..…… [p. 6], Gang Offense Under Age 18…………………… NCGS §15A-145.1…………… [p. 6], Controlled Substance Under Age 22 …………… NCGS §15A-145.2………….. [p. 7], Toxic Vapors Under Age 22………………………. Changes to Current Expungement Laws in North Carolina Our current law limits expungements to single convictions and often, so if a person is convicted of even two separate crimes on different dates, then they are barred from relief. Dubbed The Second Chance Act, the legislation allows certain felonies and misdemeanors committed before Dec. … Latest Wake County Criminal Defense Law Information. NCGS §15A-147…………….. [p. 12], DNA Records……………………………………. (The Center Square) – Gov. For those under 18 at the time of the offense, the wait period is two years. Raleigh Criminal Defense Law Firm | 919-585-1486 | Law Offices of Wiley Nickel. 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. However, the new law allows a much more liberal application to people who even have multiple convictions. 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. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. Wiley Nickel lives and works in Cary, North Carolina. Please see North Carolina General Statutes §15A-151 for other exceptions. expungement, sealing, or other mechanism to limit access to criminal records or set aside convictions. In S.L. New Eligibility Rules for those with multiple nonviolent misdemeanor or felony convictions. NCGS §15A-173……………… [p. 14], Indigent Fee Waiver ………………………………………………………………….. [p. 14], Petitioning for Expunction of a Criminal Record…………………………………… [p. 3], Eligibility Overview………………………………………………………………….. [p. 15], Reviewing a Criminal Record to Determine Expunction Eligibility: Decision Tree… [p. 15], Completing Form AOC-CR-281 Using a CIPRS Report…………………………….. [p. 16], How to Read an ACIS Criminal Record Report……………………………………….[p. The bill passed the Senate with bipartisan support after an amendment to take out language that would have included traffic violations. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. The sooner you call, the sooner I can start fighting for you!". 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. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. Sen. Danny Britt Jr., a Republican who represents Robeson and Columbus counties, described it as a jobs bill. This law change could help many in North Carolina. 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. Written by Bill Hunter, Prism Family Law Firm. 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. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. The four categories are: convictions and other matters based on the age of the person at the time of the offense or the age of the offense; The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Governor signs North Carolina criminal records expungement law. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. CALL FOR A FREE CONSULTATION at 1 (919) 650-2851 with a Raleigh Criminal Defense Attorney. Call 919-585-1486 for a free consultation. 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 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. The bill applies to offenses committed before that date. In 2011 Wiley left his work for the White House to return to the practice of law. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. This law is effective on December 1, 2020. A petition must be filed in the County Courthouse where the charge originated. 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. 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.”. With rare exception, when an individual is granted an expunction, he or she may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred. Any non-guilty verdict results in immediate eligibility for expungement. 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 NCGS §15A-148…………….. [p. 13], Pardon of Innocence……………………………. § 15A-145. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. 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. The law was changed in June of 2020 as part of the Second Chance Act to allow almost all felony and misdemeanors to be erased through the North Carolina expungement process. NCGS §15A-149…………….. [p. 13], Overview of Recent Legislative Reforms ……………..……………………….……….[p. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. Updated 04/20/2019. Raleigh marijuana lawyer, Raleigh DWLR lawyer, Raleigh larceny lawyer, Raleigh open container lawyer, Raleigh drug possession lawyer, Wake County Traffic Ticket Attorney, Raleigh Traffic Ticket Attorneys, Cary Traffic Ticket Attorneys, Speeding Tickets, Raleigh DWI Lawyer, Careless & Reckless Driver, Suspended License, Cary DWI, Expired Registration, Divorce, Driving While Intoxicated Lawyer, Drunk Driving Law Firm. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. The Second Chance Act … If you have anything on your record that happened before you turn 18 you should call for a free consultation today. 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 … (The Center Square) – Gov. 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. 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. 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. Automatic dismissal expungements. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. What the bill would do: This bill would make expunging a person’s criminal record easier and more streamlined, in some cases. Start Your North Carolina Expungement Today! Wiley is licensed to practice law in North Carolina and California. 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. Criminal Law Info. Starting on July 1, 2020 the process would become automatic after most dismissals or not-guilty verdicts. The bill moves on to the House for expected passage and then a signature by Governor Roy Cooper. Wiley Nickel lives and works in Cary, North Carolina. New Eligibility Rules for those with convictions from under the age of 18. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. North Carolina Expungement Bill passes the NC Senate. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. 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. There are lots of questions about terms, interpretations, and procedures to be expected. 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. There are about 20 different AOC forms that are available online when searching the word "expunction," and the new forms have now been released. 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. The court shall direct all law enforcement agencies, the Division of Adult Correction and Senate Bill 562 passes the Senate by a vote of 44-0. Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. Expunction of Records. 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. The Act broadens the availability of expungement of convictions in North Carolina. On June 10, 2020 the Second Chance Act, dubbed the “clean slate” bill, passed in the House 119-0. By Jason Schaumburg. 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. "An arrest is not a conviction. 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. (The Center Square) – Gov. 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. If you are an attorney and find this guide helpful, I urge you to consider assisting low-income North Carolinians with  pro bono or reduced-fee legal services. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. If you are under the age of 18, you are eligible after 2 years. “▪ 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. Since 2011, North Carolina law has allowed for the expungement of some first-time convictions, but few people are aware of the option. New expungement laws in North Carolina have given more Asheville residents an opportunity for a clean slate. 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