Effective December 1, 2011, Article 5 of Chapter 15A of the North Carolina General Statutes was amended by adding a new section, G.S. 15A-145.4, pursuant to which nonviolent felonies for first offenders who were under 18 years of age at the time of the commission of the crime can be expunged off their records as long as certain requirements are met.

Generally, the fact that one was charged with a crime remains on their record regardless of the disposition of the charge, unless it gets expunged.

Expungement is a process by which criminal charges can be removed from ones official criminal record.

Regardless of ones age, cases in which the criminal charges were dismissed or a finding of not guilty was returned can be expunged pursuant to N.C.G.S. 15A-146.  In this case, offenses can be either a misdemeanor, a felony, or an infraction under G.S. 18B-302(i). However, one must not have any previous convictions of any felonies or misdemeanors other than traffic violations.

First offenders not over the age of 21 at the time of the offense, can also pursue an expungement if:

1.    They were charged with certain drug offenses which were dismissed based on a Deferred Prosecution Agreement pursuant to N.C.G.S. 90-96(a).  (See N.C.G.S. 15A-145.2)

2.    They were charged with certain toxic vapors offenses which were dismissed based on a Deferred Prosecution Agreement pursuant to N.C.G.S. 90-113.14(a) or (a1).  (see N.C.G.S. 15A-145.3)

First offenders under the age of 18 at the time of the offense however can even get charges expunged of their record of which they were convicted.  Until the amendment of the North Carolina expungement laws enacted by The General Assembly of North Carolina went in effect on December 1, 2011, the list of eligible convictions were exclusive of felony charges other than Class H felonies under Article 13A of Chapter 14 or enhanced charges under N.C.G.S. 14-50.22 (certain gang offenses).  However, now one can even get “nonviolent felony” charges expunged. “Nonviolent Felony” means for purposes of this section any felony except the following:

1.    A Class A through G felony.
2.    A felony that includes assault as an essential element of the offense.
3.    A felony that is an offense for which the convicted offender must register under Article 27A of Chapter 14 of the General Statutes.
4.    A felony that is an offense that did not require registration under Article 27A of Chapter 14 of the General Statutes at the time of the commission of the offense but does require registration on the date the petition to expunge the offense would be filed.
5.     A felony charged for any of the following sex-related or stalking offenses: G.S. 14-27.7A(b), 14-190.6, 14-190.7, 14-190.8, 14-202, 14-208.11A, 14-208.18, 14-277.3A, 14-321.1.
6.    Any felony offense charged pursuant to 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.
7.    A felony offense charged pursuant to G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense charged as a felony pursuant to G.S. 14-3(c).
8.    A felony offense charged pursuant to G.S. 14-401.16.
9.    A felony offense in which a commercial motor vehicle was used in the commission of the offense.

If you feel you may be eligible to pursue an expungement in New Hanover, Pender, or Brunswick Counties, North Carolina, call Collins Law Firm for a consultation at (910) 793-9000.

By Jana Collins, Office Manager

Recently, the North Carolina Legislature enacted S.L. 2011-2 (H 18), which clarifies the effective date of the law authorizing restoration of firearms rights under certain circumstances.   This bill amends the effective date of S.L. 2010-108 (H 126), (codified as  § 14-415.4. Restoration of firearms rights), which allows people convicted of nonviolent felonies to apply for restoration of the right to possess firearms and creates an exception from firearms restrictions for white collar felony convictions.  The 2010 act contained a standard effective-date clause used in criminal law legislation—that is, that the act applied to offenses committed on or after a particular date, in this instance February 1, 2011.  This wording created some question whether the restoration procedure and exception applied to a person who committed an offense before that date.  The 2011 amendment clarifies that the restoration procedure and exception takes effect February 1, 2011.  Thus, whether the offense date is before or after February 11, a person is eligible for restoration of firearm rights if he or she was convicted of a nonviolent felony as defined in G.S. 14-415.4, completed his or her sentence at least twenty years ago, and otherwise meets the requirements for restoration.  The act is effective March 5, 2011.
The text of the Act, specifying the criteria under which the rights may be restored, is:  Article 54A.  The Felony Firearms Act;  § 14-415.4.   Restoration of firearms rights:
(a) Definitions. – The following definitions apply in this section: (1) Firearms rights. – The legal right in this State of a person to purchase, own, possess, or have in the person’s custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14-415.1 and G.S. 14-288.8(c).  The term does not include any weapon defined in G.S. 14-409(a). (2) Nonviolent felony. – The term nonviolent felony does not include any felony that is a Class A, Class B1, or Class B2 felony.  Also, the term nonviolent felony does not include any Class C through Class I felony that is one of the following:  a.  An offense that includes assault as an essential element of the offense.  b.  An offense that includes the possession or use of a firearm or other deadly weapon as an essential or nonessential element of the offense, or the offender was in possession of a firearm or other deadly weapon at the time of the commission of the offense.  c.  An offense for which the offender was armed with or used a firearm or other deadly weapon.  d.  An offense for which the offender must register under Article 27A of Chapter 14 of the General Statutes.  (b) Purpose. – It is the purpose of this section to establish a procedure that allows a North Carolina resident who was convicted of a single nonviolent felony and whose citizenship rights have been restored pursuant to Chapter 13 of the General Statutes to petition the court to remove the petitioner’s dis-entitlement under G.S. 14-415.1 and to restore the person’s firearms rights in this State.  If the single nonviolent felony conviction was an out-of-state conviction or a federal conviction, then the North Carolina resident shall show proof of the restoration of his or her civil rights and the right to possess a firearm in the jurisdiction where the conviction occurred.  Restoration of a person’s firearms rights under this section means that the person may purchase, own, possess, or have in the person’s custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14-415.1 and G.S. 14-288.8(c) without being in violation of G.S. 14-415.1, if otherwise qualified.  (c) Petition for Restoration of Firearms Rights.  – A person who was convicted of a nonviolent felony in North Carolina but whose civil rights have been restored pursuant to Chapter 13 of the General Statutes for a period of at least 20 years may petition the district court in the district where the person resides to restore the person’s firearms rights pursuant to this section.  A person who was convicted of a nonviolent felony in a jurisdiction other than North Carolina may petition the district court in the district where the person resides to restore the person’s firearms rights pursuant to this section only if the person’s civil rights, including the right to possess a firearm, have been restored, pursuant to the law of the jurisdiction where the conviction occurred, for a period of at least 20 years.  The court may restore a petitioner’s firearms rights after a hearing in court if the court determines that the petitioner meets the criteria set out in this section and is not otherwise disqualified to have that right restored.
(d) Criteria.  – The court may grant a petition to restore a person’s firearms rights under this section if the petitioner satisfies all of the following criteria and is not otherwise disqualified to have that right restored:  (1) The petitioner is a resident of North Carolina and has been a resident of the State for one year or longer immediately preceding the filing of the petition.  (2) The petitioner has only one felony conviction and that conviction is for a nonviolent felony.  For purposes of this subdivision, multiple felony convictions arising out of the same event and consolidated for sentencing shall count as one felony only.  (3) The petitioner’s rights of citizenship have been restored pursuant to Chapter 13 of the General Statutes or, if the conviction was in a jurisdiction other than North Carolina, have been restored, pursuant to the laws of the jurisdiction where the conviction occurred, for a period of at least 20 years before the date of the filing of the petition.  (4) The petitioner has not been convicted under the laws of the United States, the laws of this State, or the laws of any other state of any misdemeanor as described in subdivision (6) of subsection (e) of this section since the conviction of the nonviolent felony.  (5) The petitioner submits his or her fingerprints to the sheriff of the county in which the petitioner resides for a criminal background check pursuant to G.S. 114-19.28.  (6) The petitioner is not disqualified under subsection (e) of this section.
If you live in Southeastern North Carolina (Brunswick, New Hanover, or Pender Counties) and think you qualify for restoration of your right to bear firearms and are interested in having your rights restored, call Collins Law Firm for a consultation at:   910-793-9000.

Wednesday afternoon, December 1, 2010, the New Hanover County Courthouse in Wilmington, NC was evacuated after someone phoned in a false bomb threat. After an extensive search, and shutting down the adjacent streets to create a perimeter, no bomb was found. The courthouse was closed for about two hours, creating a huge disruption of the business of the courts.

Bomb threats are taken seriously at public buildings, and can be very scary and costly for those involved. Making a bomb threat in North Carolina is a class H felony, punishable for up to a maximum of 30 months in prison. The criminal statute prohibiting making such threats is NCGS § 14-69.1.

If you are summoned for jury duty, it is important that you comply with the requirements of the summons. Report to the bailiff of the proper court on the date and at the hour stated in your summons. In New Hanover County, there is a phone number listed on the summons to call to find out if you will be needed or not. If you are needed, there is a jury assembly room managed by the clerk’s office where jurors are to report, and the Jury Coordinator will give you further instructions. However, each county in North Carolina may have different procedures for reporting for jury duty.

To be qualified to serve in North Carolina, a juror: (1) must be a citizen of the United States and of the state of North Carolina, (2) must be a resident of the county in which called to serve as a juror, (3) must be at least 18 years of age, (4) must be physically and mentally competent to serve, (5) must be able to hear and understand the English language, (6) must not have been convicted of or pled guilty to a felony unless citizenship has been restored according to law and (7) must not have served as a juror during the preceding two years.

Many people would rather not have to serve as a juror, but it is an important duty we have as United States Citizens. Qualified persons age 72 or older may elect not to serve; otherwise, a person may be excused from jury duty on a particular occasion only after requesting to be excused because of special circumstances that may apply. No excuse is automatic and a judge will decide each request on its own merits and may defer jury service until a later date. If you have questions about your jury service, contact the clerk of court as soon as possible. In New Hanover County, we have a clerk in charge of the jury pool referred to the “Jury Clerk.” In some cases, it may be possible to defer one’s jury duty in advance. The summons should explain the procedure if it is possible in the county in which you are summoned to serve.

If you are called to serve on jury duty, there will likely be a lot of time spent just waiting. So you may want to bring a book to read, or something on which to quietly work while waiting.

The elections are over and we are very excited that all of our friends whom we supported in their races in the Southeastern North Carolina counties surrounding Wilmington NC (Brunswick County and New Hanover County) won their elections! This was an historic election, and for the first time since 1898, the Republicans hold the majority of both houses of the North Carolina legislature.

Jon David will be the new District Attorney in North Carolina’s 13th prosecutorial district, which includes Brunswick County, Columbus County, and Bladen County. Mr. David’s office will prosecute all state crimes including infractions, misdemeanors, and felonies. Jon David has over ten years experience as a prosecutor, and has been prosecuting cases for years with his brother, Ben David, who is the District Attorney in the Fifth Prosecutorial District (which includes New Hanover County and Pender County). We know Mr. David will make an outstanding District Attorney and will work hard to seek justice in all the cases his office will handle.

Thom Goolsby will be New Hanover County’s new State Senator. Mr. Goolsby is a Wilmington, NC lawyer who practices personal injury and criminal defense in Wilmington, North Carolina. He is a conservative and will focus on creating jobs by limiting government in Raleigh. He holds both a Juris Doctor, and Master of Business Administration, and has been managing his law firm for years, so he understands business, and will make an excellent law maker.

Jay Hockenbury will continue one of our Superior Court Judges in New Hanover County and Pender County. Judge Hockenbury was challenged in this election, and soundly defeated his opponent. He also is a Republican, and he is a fair and impartial judge. He hears civil cases as well as all types of criminal cases in including misdemeanors and felonies. We are glad Judge Hockenbury will continue to be one of our excellent Superior Court Judges.

Chad Hogston, also a Wilmington attorney, will be our newest District Court Judge. Mr. Hogston has been practicing law in Wilmington for almost a decade and a half. He has experience in both civil and criminal cases, and we are sure he will be an outstanding fair and impartial District Court Judge.

Jan Kennedy will be our new Clerk of Court in New Hanover County. She has almost two decades experience in the clerk’s office, and we are confident she will make an excellent Clerk of Court, and she will make sure that the courts continue to run smoothly and efficiently. The clerk’s office manages all the files in State court including civil matters as well as all criminal matters – including all infractions, misdemeanors, and felonies.

A newly elected District Attorney will soon be sworn in the 13th prosecutorial district of NC.

The 13th prosecutorial district of North Carolina is comprised of Brunswick County, Columbus County, and Bladen County located in Southeastern NC. The district attorney’s office in Brunswick County is located in Bolivia, NC and is the largest office of the three counties.

The district attorney’s office prosecutes crimes committed within their district including felonies and misdemeanors. Most of the prosecutions in the courtroom are conducted by assistant district attorneys – all of which are lawyers licensed in the State of NC.

Rex Gore, who is the current elected district attorney, was defeated in the democratic primary by Butch Pope out of Whiteville, NC. He is challenged by Jon David, who is currently an assistant district attorney in New Hanover County and has his office located in Wilmington, NC. The result of the upcoming election will decide who will be the new District Attorney, and what, if any, changes will be made with the district attorney’s office in the 13th district.

A possible disposition for a criminal or traffic charge (either an infraction, misdemeanor, or a felony) unique to North Carolina state courts, is a Prayer for Judgment Continued, or PJC.  When requesting a court to grant a request for a PJC, the proper way attorneys ask is to request that the “judgment be continued,” or to request that the court “continue judgment.”  While a PJC is an excellent result in many cases, it may not be the best result for all criminal or traffic cases.

Our experience has been that the effect of a PJC is highly misunderstood by most people, including lawyers or other legal professionals not experienced in traffic or criminal law.

The effect of a PJC for traffic violations is controlled by statutes and varies with the context in which it is considered.  A PJC may or may not avoid points, and the rules are different with respect to driver’s license points (or DMV points) or insurance points.   We have posted an article explaining more details about what a PJC is and how it may affect one’s record on our site, and a brief summary of how a PJC may affect insurance and DMV points for traffic violations.

Any time you are considering requesting a PJC, you should always consult with an experienced criminal or traffic lawyer.  If you have a pending court date for a criminal matter or traffic violation, call Attorney David Collins at Collins Law Firm for a consultation at 910-793-9000.

At Collins Law Firm, we have been practicing criminal and traffic law in Southeastern North Carolina for over a decade and David Collins has been licensed to practice law in both North Carolina and South Carolina since 1993.  The counties we cover for criminal and traffic matters include (County/Seat of Court): Brunswick County/Bolivia, NC; New Hanover County/Wilmington, NC; Pender County/Burgaw, NC; Columbus County/Whiteville, NC; Bladen County/Elizabethtown, NC; Sampson County/Clinton, NC; Duplin County/Kenansville, NC; and Onslow County/Jacksonville, NC.