Over the last 25 years, there have been many changes to the expunction or expungement laws in North Carolina. Laws constantly change, and it is crucial to consult the latest legal resources, or seek advice from a legal professional, to get the most up-to-date information. The following is a general overview of how expunction laws have typically worked in North Carolina.

Expunction or expungement in North Carolina refers to the process of sealing or erasing a person’s criminal record under certain circumstances. The eligibility and criteria for expunction can vary based on the nature of the criminal charges, whether the person was convicted, and other factors.

Here is a general breakdown of how the laws regarding expunction in North Carolina have typically worked:

Expunction for Dismissed Charges:

1.            Expunction for Dismissed Charges: Individuals who have charges that were dismissed, acquitted, or where they were found not guilty are now eligible for expunction.

3.            In North Carolina, it used to be that an individual may generally only be eligible for a one-time expunction for dismissed charges.  However today, 2024, individuals can have an unlimited number of charges for which they were acquitted expunged.

Expunction for Convictions:

1.            Certain Nonviolent Misdemeanors: Some low-level misdemeanors may be eligible for expunction after a waiting period, provided the individual meets certain criteria.

2.            First-time Nonviolent Felony: For certain nonviolent felonies, individuals may be eligible for expunction if it is their first felony conviction, and they have completed their sentence and met other specified requirements.

3.            Age Restrictions: Some expunctions may have age restrictions, especially for offenses committed by individuals under a certain age.

Changes Over Time:

Laws regarding expunction can change through legislative actions. Changes might include adjustments to waiting periods, expanding eligibility criteria, or introducing new types of expunctions. Additionally, the legal landscape may be influenced by court decisions.

Consult a Legal Professional:

For the most accurate and up-to-date information on expunction laws in North Carolina, it is essential to consult legal professionals, such as attorneys specializing in criminal law or organizations that provide legal assistance.

Always be sure to check with the North Carolina General Assembly or legal databases for the latest statutes and amendments related to expunction laws in the state.

If you would like a confidential consultation about trying to get some charges expunged in Brunswick County, New Hanover County, or Pender County in North Carolina, in which the county seats are Bolivia, Wilmington, and Burgaw, call Collins Law Firm for a confidential consultation and 910-793-9000.

The Fourth of July weekend is a time of celebration and joy in the United States, as citizens
come together to commemorate their nation’s independence. However, amidst the festivities, it is
crucial to acknowledge the role played by police officers in maintaining law and order during
this time. Police departments across the country adopt a strict approach to ensure public safety,
handling increased traffic, crowd management, and enforcing regulations related to fireworks
and alcohol consumption.

Maintaining Public Safety:
The primary responsibility of police officers is to uphold public safety, and this duty becomes
even more critical during holidays with heightened celebrations like the Fourth of July. The
influx of people attending parades, firework displays, and outdoor gatherings necessitates
increased police presence to prevent potential disruptions, control unruly behavior, and respond
to emergencies promptly. By being present and vigilant, police officers deter criminal activity,
promote a sense of security, and ensure that citizens can enjoy the festivities without fear.

Traffic Management:
The Fourth of July weekend witnesses a surge in vehicular traffic as families and friends embark
on road trips and outings. The increased traffic volume poses a significant challenge, requiring
police officers to take on the responsibility of managing and regulating traffic flow. By directing
traffic, enforcing speed limits, and monitoring impaired driving, officers strive to minimize
accidents, maintain smooth traffic patterns, and protect the lives of motorists and pedestrians
alike. Their presence on the roads during this period is essential to prevent accidents and provide
timely assistance if incidents occur.

Crowd Control:
Public celebrations on the Fourth of July often draw large crowds, congregating in parks, public
spaces, and event venues. Police officers play a crucial role in ensuring crowd control to prevent
any potential disorderly conduct or conflicts that could jeopardize public safety. They are trained
in crowd management techniques, including maintaining order, diffusing tense situations, and
facilitating the smooth movement of people. The presence of police officers in such gatherings
acts as a deterrent to any disruptive behavior, allowing individuals to celebrate responsibly and
peacefully.

Regulation Enforcement:
Fireworks and alcohol are often integral components of Fourth of July celebrations. However,
the misuse and improper handling of these substances can lead to accidents, injuries, and
property damage. Police officers are entrusted with enforcing regulations related to fireworks
displays, including licensing requirements, safety guidelines, and time restrictions. By
monitoring the sale, possession, and use of fireworks, officers seek to prevent accidents and
protect the well-being of the public.

Additionally, the consumption of alcohol during celebrations increases the risk of impaired
driving, public disturbances, and altercations. Police officers conduct sobriety checkpoints and
enforce laws related to driving under the influence to ensure road safety and reduce the potential
for accidents. By enforcing regulations on alcohol consumption and conducting preventative
measures, police officers strive to create a safer environment for everyone during the holiday.
During the Fourth of July weekend, police officers demonstrate strict vigilance to maintain
public safety, manage traffic, control crowds, and enforce regulations. Their presence and
proactive efforts contribute to the smooth conduct of celebrations and safeguard the well-being
of citizens. By upholding the principles of law and order, police officers enable individuals to
celebrate their nation’s independence in a secure and peaceful environment. As we appreciate the
festivities and come together as a community, let us acknowledge and respect the dedication of
these officers who work tirelessly to ensure a safe and enjoyable Fourth of July for all.

Should you or someone you know receive a traffic ticket or any other criminal charge in New
Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law
Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordan, Legal Assistant

Memorial Day is a significant occasion in North Carolina, as it not only serves as a time to honor and remember the sacrifices of our military heroes but also marks the beginning of the “Click It or Ticket” campaign. This statewide initiative aims to raise awareness about the importance of seat belt usage and enforce strict seat belt laws. The “Click It or Ticket” campaign plays a crucial role in promoting road safety, reducing fatalities and injuries, and creating a culture of responsible driving in North Carolina.

The Importance of Seat Belt Usage:

Seat belts are one of the most effective safety devices in vehicles, proven to save lives and prevent severe injuries in the event of a crash. Studies have consistently shown that wearing seat belts significantly reduces the risk of fatalities and serious injuries. The “Click It or Ticket” campaign emphasizes the importance of using seat belts for all occupants, regardless of their seating position.

Raising Awareness:

The “Click It or Ticket” campaign utilizes various strategies to raise awareness about seat belt usage. Public service announcements, educational programs in schools, and media campaigns play a vital role in disseminating information and encouraging individuals to buckle up. By highlighting the consequences of not wearing seat belts, the campaign underscores the need for responsible behavior on the road.

Strict Enforcement and Penalties:

The campaign combines education with enforcement by employing law enforcement agencies to conduct targeted seat belt checks and patrols. Officers actively enforce seat belt laws and issue citations to drivers and passengers who fail to comply. The imposition of fines and penalties acts as a deterrent and encourages individuals to adopt safe habits. By strictly enforcing seat belt laws, the campaign aims to create a culture of compliance and responsibility.

Collaborative Efforts:

The success of the “Click It or Ticket” campaign relies on collaboration among various stakeholders. State and local government agencies, law enforcement, community organizations, and media outlets join forces to promote the campaign’s objectives. Partnerships are forged to maximize outreach, allocate resources effectively, and engage the public in road safety initiatives. By working together, these entities create a unified front to address the issue of seat belt non-compliance.

Positive Impact on Road Safety:

The “Click It or Ticket” campaign has demonstrated significant positive impacts on road safety in North Carolina. By consistently reinforcing seat belt usage and enforcing compliance, the initiative has contributed to a reduction in traffic fatalities and injuries. According to statistics, states with primary seat belt laws, such as North Carolina, have higher seat belt usage rates and lower fatality rates compared to states without such laws. This highlights the effectiveness of the campaign in promoting safer driving practices.

The North Carolina Memorial Day “Click It or Ticket” campaign serves as a powerful reminder of the importance of seat belt usage and responsible driving. Through comprehensive awareness programs, strict enforcement, and collaborative efforts, the campaign aims to instill a culture of seat belt compliance, ultimately saving lives and reducing injuries on the road. As we honor our fallen heroes during Memorial Day, let us also honor their memory by prioritizing safety and protecting one another through the simple act of buckling up.

Increased law enforcement efforts will also be focused on all types of traffic violations including speeding, DWI, driving while license revoked, and other infractions such as running red lights or stop signs.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Over the weekend, the Brunswick County Sheriff’s Office participated in a multi-agency Booze It and Loose it campaign through the Governor’s Highway Safety Program. The campaign resulted in total of 524 incidents reported:

• 29 DWI’s
• 92 speeding citations
• 35 restraint citations
• 53 no operator’s license
• 33 driving while license revoked
• 20 no insurance
• 65 registration violation citations
• 7 careless and reckless driving
• 102 other traffic citations
• 74 warnings
• 9 drug charges
• 5 criminal charges

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

The New Hanover County underage drinking deferred prosecution program is a program designed for first-time offenders who have been charged with underage drinking in New Hanover County, North Carolina. The program allows eligible individuals to avoid a criminal conviction and potentially have their charges dismissed by completing a series of requirements.

To be eligible for the program, the individual must be between the ages of 16 and 20 and have no prior criminal convictions or pending charges. The individual must also admit guilt to the charge of underage drinking and agree to participate in the program.

The requirements of the program typically include attending an alcohol education class, performing community service hours, and staying out of trouble for a certain period of time. If the individual successfully completes all of the requirements, the charges will be dismissed, and there will be no criminal conviction on their record.

It is important to note that not all individuals charged with underage drinking in New Hanover County will be eligible for the deferred prosecution program. Additionally, if an individual fails to complete the requirements of the program, the charges will proceed through the criminal justice system, potentially resulting in a criminal conviction.

If you have been charged with underage drinking in New Hanover County, it is important to consult with a qualified attorney who can advise you on your legal options, including the deferred prosecution program.

If you are charged with any type of crime in Southeastern North Carolina (NC), in or around Wilmington, New Hanover County, Bolivia, Brunswick County, or Burgaw, Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

Under North Carolina law, what are the ways you can lose your driving privilege?

Under North Carolina law, there are several ways that a person can lose their driving privilege. Here are some of the most common:

1.         Conviction of certain traffic offenses, including driving while impaired (DWI), reckless driving, hit and run, and speeding over 75 mph.

2.         Accumulation of too many driver’s license points within a specific period of time. Points are assigned for various traffic violations, and when a driver accumulates a certain number of points within a three-year period, their license may be suspended.

3.         Failure to appear in court or pay fines for traffic violations.

4.         Failure to maintain proper liability insurance coverage for your vehicle.

5.         Medical conditions or disabilities that make it unsafe to drive.

6.         Habitual drug or alcohol use that makes it unsafe to drive.

7.         Non-driving-related offenses, such as failure to pay child support or certain criminal convictions, can also result in a license suspension.

It’s important to note that the length of a license suspension can vary depending on the offense and whether it’s a first-time offense or a repeat offense.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, or face a suspension of your driver license, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

In Part I, we discussed the Second Chance Act, and how it will affect charges that are dismissed without leave, dismissed by the court, acquitted, found not guilty, or not responsible on or after December 1, 2021. This blog, Part II, will discuss some of the other changes to expungement laws in North Carolina.

According to N.C.G.S.§ 15A-146(a4), an automatic expunction will not be required by law for a case with a felony charge that was dismissed pursuant to a plea agreement – individuals in this scenario must petition for an expunction, as it was the case under the previous statute.

Pursuant to N.C.G.S. § 15A-145.5 (c), the petition for expunction shall not be filed earlier than one of the following:

 (1) For expunction of one nonviolent misdemeanor, five years after the date of the conviction or when any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(2) For expunction of more than one nonviolent misdemeanor, seven years after the date of the person’s last conviction, other than a traffic offense not listed in the petition for expunction, or seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(3) For expunction of one nonviolent felony, 10 years after the date of the conviction or 10 years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

If an individual has been previously granted an expunction for a nonviolent felony or nonviolent misdemeanor, then they are not eligible for an expunction under the new law.

Pursuant to N.C.G.S. § 15A-145.5 (a), the term “nonviolent misdemeanor” or “nonviolent felony” means any misdemeanor or felony except the following:

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sex-related or stalking offenses: G.S. 14-27.25(b), 14-27.30(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver

cocaine.

(6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7) An offense under G.S. 14-401.16.

(7a) An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense.

(8a) An offense involving impaired driving as defined in G.S. 20-4.01(24a).

(9) Any offense that is an attempt to commit an offense described in subdivisions (1) through (8a) of this subsection.

If you or a loved one has a criminal record in New Hanover (including Wilmington, Carolina Beach, Kure Beach, and Wrightsville Beach), Pender (including Hampstead and Burgaw), or Brunswick County (including Bolivia, Ocean Isle Beach, Sunset Beach, Shallotte, Leland, and Southport), and are interested in having your record expunged, please give us a call for a confidential consultation. Mr. Collins has been successfully handling expunctions for over 20 years.

By Karen M. Thompson, Paralegal

Even though the 2020 holiday season is in full swing, it certainly has a different feel to it this year. As a result of COVID-19, there has been a worldwide shift in how people are celebrating. Less people are expected to travel, and when they do, the typical holiday parties and gatherings are being adjusted or rescheduled to accommodate guidelines by the Center for Disease Control and Prevention (CDC). According to Forbes, Christmas travel in the United States is being anticipated to drop quite a bit from 2019. 61% less people were screened by Transportation Security Administration (TSA) this year on the Sunday after Thanksgiving, than on the same day in 2019.

With respect to how to safely gather for the holidays with your family, the CDC recommends that the safest bet is staying home, of course. However, if you will be gathering with family, the CDC recommends that you try to gather outdoors if possible, and try to keep at least 6 feet apart between people who do not share the same household. Rather than having a buffet style meal where everyone gathers around the food at once, another option could be to prepare plates ahead of time with disposable utensils, so that guests can get their food one by one and go back to their seats.

Law enforcement has their work cut out for them for this holiday season. Not only do they normally have to work tirelessly through the holidays to keep us safe, but this year is exceptionally tough due to COVID-19 and the restrictions imposed on us, and the lack of guidelines regarding the enforcement of same.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury or wrongful death matter, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We handle matters in New Hanover, Pender, and Brunswick Counties. If you have court in Brunswick County, the Courthouse is located in Bolivia, North Carolina, and includes Sunset Beach, Holden Beach, and Ocean Isle Beach. If you receive a ticket in Topsail Beach or Surf City, you will need to go to the Pender County Courthouse, which is located in Burgaw, North Carolina. If you get a ticket in Wrightsville Beach, Wilmington Beach, Carolina Beach, or Kure Beach, you will have court in New Hanover County, which is located in downtown Wilmington, North Carolina. We also handle wills, caveats, and estate litigations with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

Pender County was established in 1875 and named after the Confederate Army General William D. Pender who was honored for fighting in many battles for this country. Pender County currently holds a population of 62,162 as of the 2018 U.S. census, and has grown approximately 15% since 1990, when the population was 34,000. This has made Pender County one of the fastest growing counties in North Carolina.  

Known best for its beautiful scenery, voluminous forest areas, and flat terrain with a land area of 869.80 square miles, Pender County is able to grow an assortment of different crops such as sweet potatoes, peanuts, grapes, soybeans, corn, tobacco, and blueberries which generates a major portion of the county’s economic base. Burgaw has their annual Blueberry Festival where more than 30,000 people have been estimated to attend each year for their one-day event, where locals and tourist enjoy family entertainment all day and experience their southern hospitality.  

In addition to the flat terrain in Pender County, there are two rivers that run through the county, the Cape Fear River and the Black River. Running along the Northeast of the Cape Fear River is the Holly Shelter Game Land, where you can hunt during September 8^th through January 1^st and hike through the off season. The Black River is unique due to it being one of only two rivers that are pollution free in North Carolina. Pender County is also home to Topsail Beach, which attracts visitors all year long because of its small town feel and the beautiful beach.     

Pender County has several major highways surrounding it such as I-40, U.S. 17, U.S. 421, and U.S. 117. These highways can help make an easier commute to surrounding cities such as Wilmington, Jacksonville, or Myrtle Beach.

With all the traveling and sightseeing, make sure you are following the rules of the road – always wear your seatbelt, drive at safe speeds, and never drive impaired.

However, if you or someone you know received a traffic ticket, or face a criminal charge in or around Burgaw, NC, in Pender County, in New Hanover or Brunswick Counties, then Attorney David Collins can help.  He has over 25 years of experience in the legal field, and has successfully handled scores of criminal and traffic cases.

Call us for a confidential consultation at (910) 793-9000.  Collins Law Firm is available 24/7 by appointment.

By Karen M. Thompson, Paralegal

Job security is always an aspect to consider when choosing a job or career path, especially with a sloping economy. Economists are predicting that over the next fifteen years certain jobs in the medical field such as nurses and nursing assistants will become in short supply, which will increase the demand for such jobs. There are many different certifications and licenses you may receive within this targeted medical field such as becoming a registered nurse, a certified nursing assistant, a licensed practical nurse, along with many more. Persons in the health care field have a very emotional job as they work with those who are sick and ill. As they work with those, who many times cannot take care of themselves, sometimes questions and allegations arise as they help others’ loved ones.

In the State of North Carolina, the Department of Health and Human Services has created a Registry to help monitor any accusations that may arise regarding a discrepancy. The creation of the registry can be found in NC General Statute Section 131E-256 – Health Care Personnel Registry, where it states that:

(a)       The Department shall establish and maintain a health care personnel registry containing the names of all health care personnel working in health care facilities in North Carolina who have:

(1)       Been subject to findings by the Department of:

a.        Neglect or abuse of a resident in a health care facility or a person to whom home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

b.        Misappropriation of the property of a resident in a health care facility, as defined in subsection (b) of this section including places where home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

c.        Misappropriation of the property of a health care facility.

d.        Diversion of drugs belonging to a health care facility.

d1.      Diversion of drugs belonging to a patient or client of the health care facility.

e.        Fraud against a health care facility.

e1.      Fraud against a patient or client for whom the employee is providing services.

(2)       Been accused of any of the acts listed in subdivision (1) of this subsection, but only after the Department has screened the allegation and determined that an investigation is required.

The Health Care Registry can be located on the website of The N.C. Department of Health and Human Services Division.
If a person within the health care field finds their name placed upon the Registry then it will hinder their career drastically! Within NC General Statute 131E-256 it states: “ Before hiring health care personnel into a health care facility or service, every employer at a health care facility shall access the Health Care Personnel Registry and shall note each incident of access in the appropriate business files.” This dictates that health care agencies will check the registry prior before hiring new employees.

However, it is possible that your name could be wrongfully placed upon the registry. If this is the case then you can file for an administrative hearing to contest the listing, “ Health care personnel who wish to contest findings under subdivision (a)(1) of this section are entitled to an administrative hearing as provided by the Administrative Procedure Act, Chapter 150B of the General Statutes. A petition for a contested case shall be filed within 30 days of the mailing of the written notice of the Department’s intent to place its findings about the person in the Health Care Personnel Registry.”

If the Department indeed discloses a finding then it is possible to have it removed, “ Health care personnel who wish to contest a decision by the Department to deny a removal of a single finding of neglect from the Health Care Personnel Registry under subdivision (1a) of subsection (i) of this section are entitled to an administrative hearing under Chapter 150B of the General Statutes. A petition for a contested case hearing shall be filed within 30 days of the mailing of the written notice of the Department’s denial of a removal of a finding of neglect.”

Rachel R. Reynolds, Paralegal