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Law Offices Of Wiley Nickel, PLLC

Driving After Consuming Under 21
Wiley Nickel DWI

You may have heard of Driving While Impaired (DWI) or Driving Under the Influence (DUI), but what exactly is Driving After Consuming (DAC)? In North Carolina, Driving After Consuming is a serious offense, completely separate from the commonly known DWI. In fact, if you are under 21 years old, depending on the specific facts of the case, you may even be charged with driving while consuming and driving while impaired.


Under N.C.G.S. § 20-138.3, it is against the law for anyone under the age of 21 to drive a motor vehicle on a public street, highway or vehicular area after consuming any amount of alcohol or controlled substance in North Carolina. Since driving while consuming applies to minors under 21 years of age, special rules apply. For example, the blood alcohol concentration (BAC) standard of .08 is irrelevant. A minor that has a BAC of even .01 could face a Driving After Consuming charge. A minor with a BAC of .08 or higher may also be charged with a DWI if the officer finds other signs of impairment.


A conviction for underage Driving After Consuming can lead to punishments similar to a DWI conviction such as substantial fines, probation and/or jail time. As a minor, not only can a conviction affect your ability to have a drivers license, but also your education, career and future. Driving After Consuming under the age of 21 is a Class 2 misdemeanor that can result in up to 60 days in jail and your drivers license revoked for up to one year. A driving while consuming charge may also lead to long-term consequences on automobile insurance rates.


In Wake County, some judges may offer an opportunity to “earn” a Prayer for Judgment Continued (PJC) following a Driving After Consuming after completing community service and/or substance abuse treatment. Once a PJC is granted, there will be no fine, probation or jail time and no license suspension. In order to gain the most favorable result possible in your case, its imperative that you have an experience attorney on your side.


If you have any questions about driving while consuming, or you or your child has recently been charged with this offense, contact the Law Offices of Wiley Nickel. The attorneys at The Law Offices of Wiley Nickel have experience representing clients with DAC and DWI charges and will work diligently to get the best possible outcome for you. You may contact the offices at 919-585-1486 or email the attorneys directly at Kristi@wileynickel.com or Wiley@wileynickel.com.

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Shoplifting and the Holidays
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With the holidays coming up, there are bound to be people who engage in shoplifting. Most stores now have some kind of security system, which includes cameras, and Loss Prevention Officers that will monitor the stores. 

Shoplifting is a charge that requires the State to prove that you willfully concealed the goods or merchandise of a store without permission, and without purchasing the good or merchandise while still on the premises of the store. 

Larceny is a similar charge that you may be charged with if you take property from a store. The state has to prove that you took personal property in the possession of another and carried it away without that person's permission with the intent to permanently keep the possession even though you knew you were not entitled to it. For purposes of a larceny charge, a store will be treated like a person. 

If you have questions about shoplifting/larceny, or have recently been charged with one of these offenses, contact the Law Offices of Wiley Nickel at 919-373-2288. The attorneys may be able to enroll you in a first time offender program to earn a dismissal if you have never committed an offense before. There are ways to fight these charges, and attorneys like Kristi Haddock and Wiley Nickel can fight for the best possible outcome for your case. 

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Craft Beers and DWIs
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Craft beers have become increasingly popular, and have spread all throughout the triangle. While these breweries have helped to establish a new aspect of local culture, craft beers are often brewed with higher ABV (alcohol by volume). Many craft beers range from 5-10% ABV, but some craft beers can have ABV well over 10-20%. 

To understand how strong this alcoholic beverage is, compare that to a Budweiser Select, which has 2.5% ABV. This means that one craft beer can have the same amount of alcohol as 3 or 4 cans of a regular beer. While these craft beers can be enjoyable, and you are certainly allowed to drink if you are of age, there is a distinct risk that you can be pulled over for a DWI if you have had only one craft beer and decide to drive. 

If you have any questions about DWIs or have received a citation for DWI, call the Law Offices of Wiley Nickel at 919-373-2288. You may also email the attorneys directly by emailing Kristi Haddock and Wiley Nickel at Kristi@wileynickel.com and wiley@wileynickel.com, respectively.

Wiley Nickel
How Do I Pick A Lawyer?

Picking a lawyer to represent your interests is an incredibly important decision. A lawyer who is inattentive, or overwhelmed by other matters will not be able to represent you or your interests in a way that best helps you. On the other hand, a lawyer that is organized, knows what you want, and does everything they can to help you get to your goal is an invaluable resource.

One thing you should do before picking a lawyer is to do some research. Nearly all firms and solo practitioners have some kind of presence online, either through a website or some other method. You will be able to see what areas that lawyer practices in, and you may also learn about awards or distinctions that the firm or individual lawyer has earned. You will also be able to see if that lawyer will charge you for an initial consultation, and many firms waive an initial fee.

If you are in need of an attorney in the Raleigh and Cary area, consider the Law Offices of Wiley Nickel, PLLC. The attorneys working at this firm are diligent, and will do their best to help represent your interests, in whatever capacity they can. There is no initial fee for a consultation, and you may call to schedule an appointment by calling 919-373-2288. You may also email the attorneys directly, by contacting Kristi Haddock at krist@wileynickel.com or Wiley Nickel at wiley@wileynickel.com.

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What is a Statute of Limitations?

This is a term that gets used quite often in the legal field, and it is a unique and vital component of filing a lawsuit. A Statute of Limitations is designed so that potential plaintiffs, or the State in criminal actions, must file their case within a reasonable amount of time. If the plaintiff does not file a suit within that period of time, they can no longer bring a suit. The Statute of Limitations for a particular charge or offense is defined by statute, made by the North Carolina General Assembly. 

For example, for a crime of larceny, a hit-and-run or another misdemeanor, the Statute of Limitations is two years to properly bring charges. This does not mean that the trial itself would need to occur within the two years, only that the charge must be filed within that time. More serious charges, lie homicide or rape, have no statute of limitations. 

If you have a question regarding the Statute of Limitations for a particular charge, or need to discuss you case with an attorney, contact the Law Offices of Wiley Nickel, PLLC at 919-373-2288. You may also email the attorneys at Wiley Nickel directly, by contacting Kristi Haddock at Kristi@wileynickel.com or Wiley Nickel at wiley@wileynickel.com. 

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What is Interlock?
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If you have been convicted of a DWI in North Carolina, you may be required to get Interlock installed in your vehicle before you are allowed to drive again. Interlock is a device that requires the user to blow into a tube, and the car will not start unless the device registers no alcohol on the user’s breath. Interlock devices can be very temperamental, so it is important to understand the best practices to avoid false positives. 

If you have recently been arrested for a DWI in Wake County, you need to know your rights and how to best handle your case so you can still drive for work. In some cases, you will not need to have Interlock installed to have a limited driving privilege. As of now, Interlock is required if you are convicted with a blood alcohol content (BAC) of .15 or greater, or have been convicted of a second DWI offense in North Carolina. The State of North Carolina has the burden to prove that you were driving while intoxicated beyond the legal limit. Having an experienced attorney on your side may help you fight against any charges and receive the best outcome for your case.

Email us at wiley@wileynickel.com for a free consultation about your DWI case. You may also contact The Law Offices of Wiley Nickel at 919-373-2288 to talk to an attorney about how we can help you with your DWI case in Wake County.

Wiley Nickel
Cary Officers Issuing More Speeding Tickets

With the school semester being back in full swing, there are a lot more drivers out on the road. Because of this, police are out in the community and more active in issuing citations. Earlier this month, Cary police officers issued more than 50 tickets in two days for speeding in school zones. 

Speeding tickets can have a substantial effect on car insurance, and can also add points onto your Driver's License. In North Carolina, you may be able to get a Prayer for Judgement Continued or an Improper Equipment Reduction. These two avenues can avoid any points on your license, or an increase in your insurance.

If you have questions regarding speeding tickets, or have recently received a speeding ticket that you wish to fight, call the Law Offices of Wiley Nickel, located in Cary, NC. You may call the offices at 919-373-2288. You may also email the attorneys directly at Kristi@wileynickel.com or wiley@wileynickel.com. 

Wiley Nickel
What Happens When I Get a DWI?
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A DWI has many consequences including the immediate suspension of your drivers license for 30 days following the date of offense. However, after 10 days an attorney may help you get a pre-trial limited driving privilege to get you back on the road for work and for household needs. 

An attorney will help you analyze your case and make the decision of plea versus trialWhile a plea is very quick and avoids the necessity of having a full trial, the plea will show up on your permanent record. A DWI conviction is part of your permanent record and may no longer be expunged under North Carolina law. There are different ways of approaching a particular case, and a lawyer can help you make the best decision based on your circumstances. 

To be convicted of Driving While Impaired, the prosecution must prove every element of their case. If they fail to prove one element, the entire charge will fail. You are always innocent until proven guilty, meaning the prosecution bears the burden of proof. 

The attorneys at The Law Offices of Wiley Nickel have experience representing clients with DWI charges, and will work diligently to get the best possible outcome for you. If you have any questions about DWI charges, call the Law Offices of Wiley Nickel for a free consultation at 919-373-2288. You can also email Kristi Haddock at Kristi@wileynickel.com or Wiley Nickel at wiley@wileynickel.com.

Wiley Nickel
What Kind of Traffic Violations Do The Law Offices Of Wiley Nickel Handle?


The most common traffic violations our firm handles are speeding tickets.  Our clients sometimes worry that a speeding ticket on their driving record will negatively affect them on their criminal record. This is not true. In North Carolina you are unable to expunge tickets from your driving record, however, a simple ticket under 20mph over the speed limit is not something to be afraid to have on your record. There are a few ways that an attorney can resolve your ticket to keep your ticket from affecting you. Our clients are almost always most interested in keeping points off of their license and insurance policy and our office can explain and offer the best outcomes for your unique situation.

As far as speeding is concerned, any driving that is performed above the posted speed limit can result in a speeding ticket being issued. Most of these tickets are infractions.  However, it is a Class 3 Misdemeanor to operate a motor vehicle either greater than 15 above the speed limit or greater than 80 miles per hour. You need an attorney to help you through this process and keep points off your insurance and/or your driver’s license.

A conviction for a speeding ticket can affect both your insurance and your license. If you want to obtain the best result possible then give us a call today. We practice in Wake County, where in the last 6 months it is possible to have certain moving violations reduced to the non-moving violation of “improper equipment.” Every situation is unique, in order for us to give you personalized information on your specific case, please call The Law Offices of Wiley Nickel at (919) 373-2288 for a free consultation.

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What to Do If You Have Been Arrested For Possessing a Controlled Substance in Wake County

The North Carolina Controlled Substances Act dictates which drugs are considered controlled substances in North Carolina. Under this list, any substance that has “a high potential for abuse, no currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision” is included. This means that possessing recreational drugs and prescription drugs used for non-medical purposes punishable in North Carolina.

This list includes marijuana, codeine, heroin, and oxycodone. Under NCGS 90-96, it is prohibited to possess, manufacture, create, sell, or deliver any controlled substance. If you have been charged with possessing a controlled substance in Wake County, contact The Law Offices of Wiley Nickel at (919) 373-2288 for a free consultation.

If this is your first offense, you may be eligible for the 90-96 program, which allows you to have the charged dismissed after completing court-mandated classes. You may also be eligible to have the charges expunged after dismissal.

If this is not your first offense, contact Attorney Wiley Nickel or Attorney Kristi Haddock to discuss what your options are in Wake County at wiley@wileynickel.com or kristi@wileynickel.com. 

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Can I Be Charged With a DWI If I Haven’t Been Drinking?

Alcohol does not necessarily need to be involved to be charged and convicted with a DWI in North Carolina. Based on NCGS 20-138.1, “a person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State . . . while under the influence of an impairing substance.”

An impairing substance can be alcohol or a controlled substances, including illegal and legal drugs. Essentially, any drug that impairs one’s ability to drive can be considered an impairing substance.

These substances may not necessarily register on a breathalyzer, but North Carolina officers can still arrest you if they suspect that you are under the influence of an impairing substance. Instead of requiring a breath sample, the officer may request a blood sample. If you refuse to give one, the officer may apply for a warrant to take blood. In some situations, blood may even be taken without a warrant if the officer can prove exigent circumstances existed.

If you have been charged with a DWI in Wake County, contact The Law Offices of Wiley Nickel in Cary, NC, for a free consultation. Our office is conveniently located off of the Harrison Ave. exit of I-40 on Weston Parkway. We serve all areas of Wake County, including Raleigh, Cary, Apex, and Wake Forest. Call us at (919) 373-2288 for more information about how we can help you with your DWI case. 

Wiley Nickel
Old Traffic Tickets Can Stop You from Getting a Concealed Handgun Permit in Wake County

Old traffic tickets can prohibit you from getting a Wake County concealed handgun permit.  If you have an unpaid traffic citation or did not show up to court for an old speeding ticket your application will not be approved until it is resolved.  If you have an old criminal case or an unserved warrant that can also block you from getting a permit.  Many people might not realize that they have an unpaid ticket or had missed court for something as minor as an expired registration or bad tags ticket in Wake County, North Carolina.

If you received an email from Permitium, LLC it’s likely a legitimate email and there is something that needs to be resolved before your handgun application can proceed in Wake County.  Until the issue is resolved your application will not move forward.  These letters and emails are sent by the Wake County Sheriff’s Office, Records and Permits Division as part of some sort of agreement with Permitium, LLC.

Call The Law Offices of Wiley Nickel, PLLC to help you clean up your record and deal with old traffic or criminal cases so you can proceed with a concealed handgun permit application.    We handle old traffic and old criminal cases in the Raleigh, NC area. Our office is located in Cary, NC at 2401 Weston Parkway.  You can reach us at 919-373-2288 for a free consultation.

Wiley Nickel
Driving After Consuming Under 21: A Zero-Tolerance Offense

North Carolina has a zero-tolerance policy for drivers under the age of 21, making it illegal to operate a motor vehicle with any amount of alcohol or controlled substance in his/her system.  Driving After Consuming Under 21, also called a “baby DWI” or “provisional DWI,” is a serious charge that can result in significant criminal and DMV consequences.

N.C.G.S. § 20-138.3 makes it unlawful for a person less than 21 years of age

(1)    to drive a motor vehicle

(2)    on a highway or public vehicular area

(3)    while the person

(a)    is consuming alcohol,

(b)   has any alcohol remaining in his or her body, or

(c)    has any controlled substance remaining in his or body.

It is important to note that if your blood alcohol concentration (BAC) is at or above the legal limit of 0.08 or the officer finds other evidence of impairment, you may also be charged with Driving While Impaired (DWI), which has much harsher criminal and DMV consequences.

Driving After Consuming Under 21 is a Class 2 misdemeanor, meaning a judge could impose a substantial fine, probation, and/or jail time.  Furthermore, a conviction under N.C.G.S. § 20-138.3 results in a mandatory one year driver’s license suspension.  A limited driving privilege may be available during the one year suspension period for drivers who were at least 18 years old at the time of the offense and meet other eligibility requirements.  

In Wake County, some judges offer an opportunity to “earn” a Prayer for Judgment Continued (PJC) following a Driving After Consuming Under 21 conviction by requiring completion of community service hours and/or substance abuse treatment, for example.  If a PJC is granted, then the judge will not impose any fine, probation, or jail time, and no license suspension will result from the conviction.  Therefore, it’s imperative to have an experienced attorney who can help you achieve the most favorable result possible in your case. 

If you have been charged with Driving After Consuming Under 21 or DWI in the Wake County, call The Law Offices of Wiley Nickel, PLLC at 919-373-2288 for a free consultation with our experienced Raleigh DWI lawyers.

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What is Trespassing?

In North Carolina, a person may be charged with first degree trespassing if the individual enters and remains on the premises of another without permission which is so enclosed as to demonstrate clearly an intent to keep out intruders, or enters and remains in a building of another without permission. First degree trespassing is a class 2 misdemeanor. For instance, a field enclosed by a fence with a "no trespassing sign" could qualify under this statute. Trespassing in this manner on public facilities, like electric power plants or water facilities is a class A1 misdemeanor. A class A1 misdemeanor carries much more serious penalties, such as the possibility of 60 days in jail even for first time offenders. 

A person may be charged with second degree trespass if they enter the premises where they have previously been told that they cannot enter, even if they had lived on that property before. For example, if you are asked not to return to a particular store like Walmart and later return you could be charged with second degree trespassing. It is common for those charged with larceny to also be trespassed. The second degree trespass charge is a Class 3 misdemeanor. 

If you have questions regarding trespassing, call the Law Offices of Wiley Nickel for a free consultation at 919-373-2288. You may also contact the attorneys directly by emailing Kristi@wileynickel.com or wiley@wileynickel.com.

Wiley Nickel
Criminal Charges from Fake IDs

With the summer in full swing, and many students on summer break, there is a higher chance of getting into trouble because students now have unfettered free time. A common area of trouble for young adults is the obtaining and use of fake ID's to purchase alcohol or represent themselves in a way that is not true. A fake ID can be its own charge and can also lead to alcohol related charges for many in North Carolina. Often an underage person’s use of fraudulent/fake identification can lead to charges that are purely alcohol-related, such as the unlawful purchase or consumption of alcohol by an underage person. But other criminal charges may stem directly from the use of a fake ID in North Carolina.

North Carolina G.S. 18B-302(e) makes it a Class 1 misdemeanor to use fraudulent identification to do any of the following:

(1) enter or attempt to enter a place where alcoholic beverages are sold or consumed,

(2) obtain or attempt to obtain alcoholic beverages, or

(3) to obtain or attempt to obtain permission to purchase alcoholic beverages.

A conviction under G.S. 18B-302(e) triggers a mandatory one-year revocation of the person’s driver’s license.

In addition, North Carolina G.S. 20-30(3) makes it a Class 2 misdemeanor to display or represent as one’s own a driver’s license not issued to the person displaying it. The DMV may suspend a person’s driver’s license for up to one year for a conviction of this offense. A person who provides fraudulent identification for another person’s use also could face criminal charges in North Carolina. A person who allows someone else to use a driver’s license or other identification that was issued or given to that person violates G.S. 18B-302(f) if the person who is allowed to use the license or identification violates or attempts to violate the law barring the purchase, possession or consumption of alcohol by someone under 21 years of age. A violation of G.S. 18B-302(f) is a Class 1 misdemeanor and triggers an automatic revocation of the offender’s driver’s license for one full year.

And G.S. 20-30(2) makes it a Class 2 misdemeanor to counterfeit, sell, lend to, or knowingly permit the use of a driver’s license by a person not entitled to its use. DMV may suspend a person’s license for up to one year for conviction of this offense. Those who sell fake identification are not exempt from being charged, and can face more serious consequences. The sale of a simulated driver’s license is a Class I felony, which carries much longer sentences than lower levels of charges.  

If you are charged with having a fake ID contact The Law Offices of Wiley Nickel, PLLC.  We are located in Cary, NC and handle cases in Wake County.  You can reach our criminal defense lawyers at 919-373-2288 for a free consultation.

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Why are Police Officers Allowed to Conduct Checkpoint Searches?

Over this recent holiday weekend, the police had checkpoints in every North Carolina county, in order to head off potential drunk drivers or drivers under the influence. How much power do the police have in these checkpoints?

DWI checkpoints in North Carolina may seem like they infringe on your Fourth Amendment rights to be free from unreasonable searches seizures. However, the United States Supreme Court held in the 1990 case of Michgan Dept. of State Police vs. Sitz that checkpoints are in fact constitutional. The court found that the benefit of stopping drunk drivers was greater than the burden of temporarily stopping drivers who went through the checkpoint, giving the police wide latitude in these situations.

When the officer approaches your car, you should roll down the window to hand the officer your driver’s license and registration if requested. If the officer suspects that you have been drinking or that there is a motor vehicle violation, she may ask you to pull over for further investigation. You do not have to answer any questions she asks you, such as if you have been drinking or where you are coming from.  If the officer has reasonable suspicion that you have been drinking, she may ask you to perform roadside sobriety tests, such as the one-legged stand, the walk and turn, or the HGN test. You do not have to do these tests, but your refusal to do so can be used against you in court. But, without results from these tests, the State will have to overcome the burden that the officer had probable cause to arrest you.

Even without these tests, if the officer believes you are too impaired to drive, she may arrest you. She will then ask you to step into an onsite bus to submit to a breathalyzer test. If you refuse to take this test, you will lose your license for one year in North Carolina. However, you have the right to request that someone be present with you at the test to witness it. The officer will allow the person 30 minutes to arrive before giving the test. If the person does not arrive after 30 minutes, the officer will go on with the test.

If you have been arrested for driving while intoxicated due to a checkpoint stop, contact The Law Offices of Wiley Nickel to discuss how we can help with your case. The Law Offices of Wiley Nickel, PLLC is located in Cary, NC near Harrison Avenue and Weston Parkway. For a free consultation call attorney Wiley Nickel or attorney Kristi Haddock at 919-585-1486 or email at wiley@wileynickel.com or kristi@wileynickel.

Wiley Nickel
Will My Child be Charged as an Adult?

Whether your child is charged with simple assault as a result of a school yard fight, property damage, possession of a drug or alcohol, larceny, or another charge, your actions to make the best of a bad situation are extremely important. These charges could have a substantial impact on jobs, college applications, and other areas for years to come.  North Carolina is a state that does treat 16 and 17 year olds as adults in criminal matters, although there is a new bill to raise the minimum age of criminal charges to 18 years old. Governor Cooper has already given support for the bill, and although there has been debate on the budget, the legislators have also stated that a veto is possible, making the bill likely to pass.  

Until this bill passes, 16 year old kids are treated as adults, but there are a number of diversion and deferral programs available. The charge may be dismissed as a result of successfully completing one of these programs. 

One of these programs offered by Wake County is the Teen Court Program, allowing kids and teens 9-17years old to participate to earn a dismissal. The Teen Court program requires the defendant to stand before a jury of their peers and accept sanctions that they impose like community service, writing an apology letter, and paying restitution. Volunteer teens act as the attorneys, and the only adult involved in the hearing is the judge. Successfully participating and completing all of the sanctions imposed results in a dismissal of the charges, which is a less severe alternative than going to court. Teen Court, and the new proposed bill, represent a shift in North Carolina to change how juveniles are treated in criminal cases, and show an effort to give minors an alternative than criminal charges and jail time. 

Once your case is over, you should consider getting the charge expunged.  There are special rules for offenders who were under 21 years old at the time they were charged with a crime. So, regardless of the outcome of your case, contact The Law Offices of Wiley Nickel, PLLC  to learn how we can help you restore your child's record by getting an expunction.

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How Long will Cases Stay on my Record?

It's possible that you have heard a rumor that criminal charges disappear after a certain amount of time, but this is simply false. This will stay on your record, and will be available for employers to see on background checks if they decide to go with a full criminal record check. 

That's not to say that that criminal charges can't be expunged. Certain charges can be expunged, if you initiate the filing of paperwork for a request of expunction

If you have any questions regarding expunging a charge from your record, or you need help in expunging a charge from your record, you can call the Law Offices of Wiley Nickel for a free consultation at 919-585-1486. You may also email the attorneys directly at Kristi@wileynickel.com or wiley@wileynickel.com.

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Huge Changes for North Carolina Expungement Law!  Second Chance Bill Passes!  Ratified by Governor Cooper.

In a rare show of bi-partisan unity the North Carolina Senate passed Senate Bill 445 by a vote of 47-2 and the House passed it by a vote of 103-2.  The law will dramatically improve state law surrounding the clean-up and expungement of North Carolina criminal records. For many North Carolinians this will be a very important second chance and will allow many to move past that one non-violent crime/mistake and rejoin the work force.

This bill will provide a meaningful second chance to many first time offenders in North Carolina who now find it difficult to seek employment or gain admission to colleges and universities because of one mistake that they might have made as a youthful offender and for which they have paid their debts to society.

Before SB 445 a person could likely only be granted one expungement in their lifetime. This bill would allow a person to obtain more than one expungement if the charge was dismissed or resulted in a verdict of not guilty. The bill would also reduce the time a first time offender of a non-violent misdemeanor has to wait before seeking an expungement after a conviction from 15 years to 5 years. The bill would reduce the waiting time for a person convicted of a first-time nonviolent felony from 15 years to 10 years. If a first-time convicted offender was later charged and convicted of another crime then a North Carolina District Attorney would be able to take the charge for which they received an expungement under consideration in sentencing that individual for the second offense.

Specific changes include:

  • Reduces the wait time for expungement of a first-time nonviolent felony from 15 years to 10 years.
  • Reduces the wait time for expungement of a first-time nonviolent misdemeanor from 15 years to 5 years.
  • Provides for expungement of all dismissed and “not guilty” charges if the person has not been convicted of a felony.  It used to be just once in a lifetime.  Now there's no limit.
  • Provides North Carolina prosecutors with electronic access to records expunged on or after December 1, 2017.
  • Treats a conviction expunged on or after December 1, 2017 as a prior record if the person re-offends.

This is important legislation will make a real difference in the lives of thousands of North Carolinians who have paid their debts to society and turned their lives around. It also allows many who were wrongfully accused of crimes in the first place to clear their name.  As an example if you had a drinking ticket dismissed in college and then were charged with a totally bogus assault charge that was immediately dismissed you can now go back and get the bogus assault charge erased through the expungement process on December 1, 2017.  This will mean a job for many people who are just trying to get past one stupid mistake or who have had more than one dismissed case or not guilty verdict.  It will also generate a lot of revenue for North Carolina because of all of the new expungement petitions that will be filed this year.

This bill will go into effect on December 1, 2017.  This is a major new change for North Carolina Expungement Law. If you want to know if you qualify for a North Carolina expungement contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  You can reach us at 919-585-1486 to discuss your eligibility for an expungement.  Our office is located in Cary, NC and we handle expungements throughout the state of North Carolina.  You can also contact expungement lawyer Wiley Nickel directly at wiley@wileynickel.com to discuss an expunction.

What does It Mean to be Charged with Drug Paraphernalia?

This is a word that is used a lot in criminal contexts, and is often lumped together with drug charges. What is paraphernalia? 

Paraphernalia is a term that can apply to any materials that are used to grow marijuana, but can also apply to rolling papers if they were going to be used as papers for joints, baggies that hold marijuana, or a bowl with residue of marijuana.

Rather than a Class I misdemeanor possession of drug paraphernalia, there is a specific charge for possession of marijuana paraphernalia, which is a Class 3 misdemeanor. The Class 1 misdemeanor Possession of Drug Paraphernalia is governed by North Carolina General Statute § 90-113.21, while the Class 3 misdemeanor is governed by North Carolina General Statute §90-113.22A. This differentiation in the statutes governing marijuana drug paraphernalia has also lowered the misdemeanor level for the marijuana paraphernalia. Generally, this charge will result in lower punishments, with fewer potential days in jail, and generally lower fines. 

If you have any questions about drug paraphernalia, or marijuana possession, call the Law Offices of Wiley Nickel, PLLC. You can call the Offices for a FREE consultation, or contact the attorneys directly by email. 

Wiley Nickel