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How Many Expungements Can I have in North Carolina?
nc expungement lawyer

In December of 2017, Governor Roy Cooper signed a new expungement law that allows offenders to have an unlimited dismissed and not guilty charges expunged from their record. However, the bill did not change how many North Carolina conviction expungements you can have. Most dismissed and not guilty charges will be eligible for an expungement unless you have a felony conviction on your record. Although you can have multiple dismissed and not guilty charges expunged from your record, you cannot have multiple convictions expunged.  

Felony Conviction Expungement

Generally, you are allowed to have one non-violent felony conviction expunged from your record. There is usually a 10 year wait period from the date of your conviction or the end of your probation, whichever is later.  You cannot have any other convictions on your record in order to be eligible to have a felony conviction expunged.

Misdemeanor Conviction Expungement

Generally, you are allowed to have one non-violent misdemeanor conviction expunged from your record. There is usually a 5 year wait period from the date of your conviction or the end of your probation, whichever is later. You cannot have any other convictions on your record in order to be eligible to have a misdemeanor conviction expunged.

List of Misdemeanor Convictions NOT eligible for most people.

The following list are examples of misdemeanor charges that if you are convicted, will NOT be eligible for an expungement from your record:

·         Simple Assault

·         Assault on a Female

·         Child Abuse

·         Violation of a Protective Order

·         Assault with a Deadly Weapon

·         Misdemeanor Food Stamp Fraud

·         Sexual Battery

·         Stalking

·         Secret Peeping

·         Assault on a Government Official

·         Assault by Pointing a Gun

List of  Felony Convictions NOT eligible for most people.

The following list are examples of felony charges that if you are convicted, will NOT be eligible for an expungement from your record:

·         Identity Theft

·         Felony Child Abuse

·         Breaking or Entering (if over the age of 18)

·         Common Law Robbery

·         Assault with a Deadly Weapon Inflicting Serious Injury

·         Indecent Liberties with a Child

·         Robbery with a Dangerous Weapon

·         Possession of Firearm by Felon

·         Second Degree Arson

·         Manslaughter

Each case is different and there are different rules if you received a conviction as a minor or under the age of 22. If you have questions about getting a charge expunged contact Melissa Botiglione The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. Our North Carolina Expungement Lawyers will answer your questions and let you know if we can expunge your criminal record for you.

Raleigh Concert Criminal Charges: The Parking Lot
Wiley Team in front of Door.jpeg

Concerts are a big part of the entertainment scene in Wake County, North Carolina and bring large groups of people together. However, when all these people show up in one place, the police are often in the area and misdemeanor charges are often filed. There is a variety of charges that one could reasonably acquire while attending a show. The first part of any concert is figuring out the parking situation for the night, and there is no shortage of things that can go wrong in the lot.  Many police or officers from the NC Alcohol Law Enforcement (ALE) and other police agencies patrol the parking lots looking for violations. These Wake County Criminal Misdemeanor charges can include:

·    Underage Drinking

· Open Container

·    Marijuana Possession

·    Driving While Intoxicated

·    Drunk and Disorderly Conduct

Citations Issued at Concerts in the Raleigh Area
A report from NJ.com (New Jersey) showed that the highest number of citations at concerts were for

1. Disorderly conduct

2. Underage alcohol consumption.  

Some of these activities are well within the range of normal activity for teenagers. There are also lower standards of privacy while standing in a public place, and even just the smell of marijuana could prompt an officer to search your vehicle. Please be wary when attending a show, as law enforcement agents will be on the lookout for these crimes.  The good news for Wake County is that there are often good options for a dismissal of charges for first offenders but it’s important to contact Raleigh Concert Lawyer right away if you are charged with a crime at a concert venue in Wake County.

Top Concert Venues in Wake County

  • Lincoln Theater

  • The Ritz

  • Duke Energy Center for the Performing Arts

  • Koka Booth Amphitheatre in Cary

  • PNC Arena

  • Red Hat Amphitheater

  • Coastal Credit Union Music Park at Walnut Creek

Expungement of North Carolina Criminal Charges

If you are charged with a criminal misdemeanor or felony in North Carolina the charge will remain on your record unless you have it removed through the legal expungement process.  Even dismissed cases will follow you around forever unless you have the charges removed through the expungement process. Our North Carolina Expungement Lawyers will walk you through the process to have charges removed from your record (assuming eligibility) when we handle your case.  

Charged with a Wake County Misdemeanor in a Concert Venue Parking Lot?

If you are someone you know is charged with a concert related misdemeanor, please contact the Law Offices of Wiley Nickel at 919-585-1486 for free consultation. If your charged with anything from a DWI to a marijuana possession charge in the Raleigh-Durham area, don’t hesitate to call us for help. Our office is located in Cary, NC and we handle misdemeanor and low level felony charges issued by the police at concert venues in Wake County.

Welcome to the Office Emily Orr!

The Law Offices of Wiley Nickel is proud to announce the latest addition to our team!

Emily is a North Carolina native, who was born and raised in the beautiful mountains of North Carolina.    She is proud to be a Western Carolina University Alum, where she graduated with Magna Cum Laude honors in Criminal Justice in 2013.  Before joining our team, Emily was a Deputy Clerk with the Wake County Clerk of Superior Court for the past two years where she gained valuable knowledge of criminal courtroom procedures.  The areas she was most heavily involved included: Domestic Violence, DWI, and District Criminal Court. 

As the office manager and legal assistant, Emily will likely be the first person you will speak with at The Law Offices of Wiley Nickel. Her duties at the firm include answering and making calls to clients, sending out contact emails, following up with clients after their court date, and prepping paperwork and files for the attorneys.

What do I do if I find out that an employee has been embezzling funds from my business in North Carolina?

Many people contact our law firm to ask what they should do if an employee has embezzled funds from their business in North Carolina. They discover that someone has committed embezzlement and taken money in some form or fashion from their business.  If more than $1,000 has been stolen then it’s a felony charge in North Carolina.

If someone has committed embezzlement from your business you should call the police and they will investigate and arrest where appropriate.  As part of the criminal process there will be an effort by the police, district attorney’s office and courts to get you all of your money back.

What happens if you try to work out a deal with the employee and don’t call the police?  After firing the employee some employers will try to work it out with that former employee and may not end up contacting the authorities.  If you sign some type of contract or enter into some sort of formal agreement with that former employee for repayment of the funds that were taken - the police may not get involved in the case if that former employee doesn’t make good on his/her promise to repay the funds that were taken.  Once you get into the point where there’s a contract then it likely becomes a civil matter and not a criminal matter and the police may decide not to get involved.  At that point your only recourse will be to sue the former employee for the lost funds if they don’t pay the funds back as part of the agreement.  All cases are unique so this may or may not apply to your specific case.

If criminal charges are brought against the former employee and they enter a plea deal or are found guilty then there will likely be some sort of restitution ordered by the courts as part of any deal or criminal sentence.  Most courts in North Carolina are very interested in getting your business paid back for the funds that were taken.

The main issue here is that if you (1) decide not to call the police and then (2) sign a written agreement for repayment with the former employee who embezzled funds and (3) the employee doesn’t make repayment then you would likely have to sue the employee in civil court and the police could decide not to get involved.

If criminal charges are brought then there are strong mechanisms in North Carolina where the District Attorney and the Judge will be very concerned with making sure that your business gets paid back those embezzled funds.

NC Needs to 'Raise the Age'

North Carolina is the only state in the nation that still prosecutes all 16- and 17-year-olds as adults, regardless of the severity of the crime, in adult criminal court. When youth end up in adult court, there is limited access to rehabilitative programming, mentoring, counseling, and education.  We need to "Raise the Age."

Evidence shows that the juvenile system – with programs tailored to how children think and learn – is more effective at rehabilitating youth. Fewer then go on to commit another crime, which means lower costs to society and more children growing up to become educated, employed citizens. 

New York was the only other state to do this and they just changed their law when Governor Cuomo signed the changes into law on April 10th.  Now North Carolina is the ONLY state in the county to treat 16 and 17 year olds like adults for criminal purposes.  There is a lot of evidence that the total costs for North Carolina would be lower if we kept 16 and 17 years old in juvenile court for misdemeanor offenses.

While many states provide adult trials for younger defendants accused of heinous crimes, only North Carolina automatically treats everyone 16 or older as an adult. There were 89 inmates in the North Carolina prison system under the age of 18 as of last July; 14 were 16 years old and 75 were 17 years old.

The Juvenile Justice Reinvestment Act, as House Bill 380 is entitled, would try 16- and 17-year-olds as juveniles unless the charge is a serious felony. There is an option for adult trials for less serious felonies.

The bill takes two other steps to address juvenile crime. It sets up “school-justice partnerships with local law enforcement agencies, local boards of education, and local school administrative units with the goal of reducing in-school arrests, out-of-school suspensions, and expulsions” and mandates juvenile-justice training for law-enforcement officers.

The bill has good bipartisan support.  Almost everyone understands that it makes no sense to automatically put 16-year-olds into adult court. That includes law-enforcement officers and prosecutors as well as advocates outside the system.

Data shows a 7.5 percent decrease in recidivism when teens are tried in the juvenile system. Further, when youthful offenders are prosecuted in the adult system the recidivism rate is 12.6 percent higher than the overall population.

HB 380 would allow the system to treat youthful offenders as individuals. Some are accused of crimes so heinous that the decision must be made in an adult court, but most have not. They deserve the chance to put their errors behind without a criminal record that will follow them around for the rest of their lives.  There are currently laws in place to make for easier expungements for crimes committed at age 16 or 17.

Now that New York has moved forward on this issue North Carolina cannot be the only state to treat 16 and 17 year olds like adults for criminal purposes.

If you are charged with a misdemeanor offense and are 16 or 17 years old contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  We handle cases for 16 and 17 years olds in adult criminal court and hope that the law changes soon.  You can reach juvenile defense lawyer Wiley Nickel at 919-585-1486 for a free consultation.  We also handle juvenile cases for those charged with a crime under the age of 16.

The Law Offices of Wiley Nickel, PLLC Earns BBB Accreditation


March 17, 2017

The Law Offices of Wiley Nickel is Committed to BBB’s Standards for Trust

This week, The Law Offices of Wiley Nickel announced its recent accreditation by Better Business Bureau serving Eastern North Carolina. As a BBB Accredited Business, The Law Offices of Wiley Nickel is dedicated to promoting trust in the marketplace.

“We are proud to have met BBB’s high standards and we are excited to be part of an organization that exists so consumers and businesses alike have an unbiased source to guide them on matters of trust,” said Raleigh Attorney Wiley Nickel. “BBB Accreditation gives our customers confidence in our commitment to maintaining high ethical standards of conduct.”

BBB Accredited Businesses must adhere to BBB’s “Standards for Trust,” a comprehensive set of policies, procedures and best practices representing trustworthiness in the marketplace. The standards call for building trust, embodying integrity, advertising honestly, telling the truth, being transparent, honoring promises, being responsive and safeguarding privacy.

When dealing with a BBB Accredited Business the consumer has peace of mind knowing that they are dealing with an honest organization that is accountable to its clients.

For additional information regarding BBB Accreditation, visit easternnc.bbb.org.

About The Law Offices of Wiley Nickel, PLLC:

"When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority."

As a former Deputy District Attorney Wiley Nickel has the experience that matters most.  With a practice based on trust, respect, discretion and professionalism, Raleigh Criminal Lawyer Wiley Nickel helps his clients avoid the dire consequences of criminal charges.

As a Raleigh Criminal Defense Attorney, Wiley focuses on Wake County Misdemeanor charges and Raleigh DWI/DUI offenses.  A DWI or other criminal charge can have a profound effect on your life and financial situation, and the right Raleigh Criminal Defense Attorney makes all the difference.  Fighting traffic tickets, which may negatively impact your record and lead to huge increases for your car insurance, is another way Wiley defends every aspect of your rights.

Wiley Nickel and Associate Attorney Kristi Haddock focus on Raleigh Criminal Defense, Family Law, Wake County Traffic Tickets and Epxungements from their Offices in Cary and Apex.  Contact The law Offices of Wiley Nickel when you need an Experienced Criminal Defense Attorney, Marijuana Defense Lawyer, DWI Lawyer in the cities of Raleigh, Cary, Morrisville, Apex, Holly Springs and Fuquay Varina.  Defending your rights is our main priority.

About BBB serving Eastern North Carolina:

Better Business Bureau serving Eastern North Carolina is a 501(c)(6) not-for-profit corporation serving 33 counties in eastern North Carolina. The organization is funded primarily by BBB Accredited Business fees from more than 3,000 local businesses and professional firms. BBB promotes integrity, consumer confidence and business ethics through business self-regulation in the local marketplace. Services provided by BBB include reports on companies and charitable organizations, general monitoring of advertising in the marketplace, consumer/business education programs and dispute resolution services. All services are provided at no cost to the public, with the occasional exception of mediation and arbitration. Visit bbb.org.