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.

Despite continued efforts by the U.S. Senate since 2018 to establish permanent daylight-saving time nationwide, for now, we have to continue to change our clocks twice a year.

Starting this Sunday, November 5, 2023, we will set our clocks an hour back, allowing us an extra hour of sleep this weekend, and to enjoy sunrise and sunset an hour earlier.  However, while we win an extra hour this coming weekend, and we will get to enjoy earlier sun rises, when March 10, 2024, comes, we will have to set our clocks forward by one hour – spring forward, and will lose an hour of sleep. 

When the concept of Daylight-Saving Time was invented by Benjamin Franklin in 1784, he believed that the people could save money due to a reduction in the use of candles.  However, as society evolved, the cost of lighting has decreased, and the use of daylight resulted in an increase of heating and air conditioning costs.  Therefore, the thought of saving money by changing our clocks twice is year, is no longer valid.

Studies have found that Daylight-Saving Time is associated with increased emotional instability, hospitalizations, and elevated stress.  Daylight-Saving Time is also linked to an increase in motor vehicle accidents after we set our clocks one hour forward in the spring each year, and a 2020 study found that the risk of fatal traffic accidents increases by 6%.

We can just hope, that eventually, the Senate’s bill that proposes a federal law to make daylight-saving time permanent – the Sunshine Protection Act – will pass.

If you or someone you know receive a traffic ticket or any other criminal charge in Wrightsville Beach or in Wilmington, or generally in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

The transition to adulthood often comes with a rush of newfound freedoms and opportunities. For many young individuals, this includes the allure of parties, social gatherings, and yes, sometimes even underage drinking. As young adults venture into these uncharted waters, it’s important to be aware of the potential risks and legal implications that may arise. One such safeguard is the Good Samaritan Law, a legal principle that seeks to strike a balance between ensuring safety and encouraging responsible behavior.

The allure of the college experience often involves joining fraternities, sororities, or other social clubs, an exciting process known as “rushing.” It’s a time of bonding, forming friendships, and creating lasting memories. However, the rush to fit in and establish connections can sometimes lead to questionable decisions, including engaging in underage drinking. The pressure to conform and be part of the group can overshadow the potential consequences of such actions.

Underage drinking is a prevalent issue, one that arises from a mix of curiosity, peer pressure, and a desire to rebel. Young adults may feel invincible, believing that nothing bad will happen to them. However, the truth is that underage drinking can have serious health, legal, and social consequences. From alcohol poisoning and accidents to academic and legal repercussions, the risks are very real.

In the midst of these youthful escapades, the Good Samaritan Law stands as a beacon of protection. This legal principle varies by jurisdiction, but its essence remains consistent: It encourages individuals to seek help for those in need without fear of legal repercussions. This is particularly relevant in situations where underage drinking is involved, and medical attention becomes necessary.

The Good Samaritan Law acknowledges that the priority should be saving lives rather than punishing individuals for being in difficult situations. If someone calls for medical assistance due to alcohol-related issues, both the person seeking help and the person in distress are often granted immunity from certain legal consequences. This encourages responsible decision-making and can ultimately save lives.

While the Good Samaritan Law provides a safety net, it’s vital to remember that prevention is the best approach. Education and open conversations about the dangers of underage drinking can empower young adults to make responsible choices. Building a support network that prioritizes well-being over peer pressure can go a long way in curbing risky behaviors. The Good Samaritan Law serves as a reminder that looking out for one another’s safety should always be a priority, even in the midst of youthful exuberance. By fostering a culture of responsibility, understanding, and compassion, we can ensure that the rush of these experiences doesn’t overshadow the importance of safeguarding our well-being and that of those around us.

By Jana H. Collins

There are many reasons why the law keeps changing. Some of the most common reasons include:

• Social change. As society changes, so too do the laws that govern it. For example, laws around same-sex marriage and abortion have changed in recent years to reflect changing social attitudes.
• Technological change. New technologies can create new legal challenges that require new laws to address. For example, the rise of the internet has led to new laws around copyright, privacy, and cybercrime.
• Economic change. Changes in the economy can also lead to changes in the law. For example, the financial crisis of 2008 led to new laws around banking and finance.
• Political change. Changes in the political landscape can also lead to changes in the law. For example, a new government may come to power with a different set of priorities, which can lead to new laws being passed.
• Judicial decisions. The courts can also play a role in changing the law. For example, a court decision can interpret a law in a new way, or it can strike down a law as unconstitutional.

In short, the law is constantly evolving to reflect the changing needs and values of society. This is why it is important to stay up-to-date on the latest legal developments, so that you can understand your rights and responsibilities.

Here are some additional specific examples of how the law has changed in response to social, technological, and economic change:

• In the 1960s, the law was changed to allow same-sex couples to marry in some jurisdictions.
• In the 1990s, the law was changed to make it illegal to discriminate against people with disabilities in employment and housing.
• In the 2000s, the law was changed to regulate the internet and protect consumers from online fraud.

These are just a few examples of how the law has changed over time. As society continues to evolve, so too will the law. It is important to stay informed about these changes so that you can understand your rights and responsibilities.

By David B. Collins, Jr.

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

Under North Carolina law, what are the classifications for misdemeanors and their maximum punishments? What are ways to avoid maximum punishment including probation and community service?

Under North Carolina law, misdemeanors are classified into four categories: Class A1, Class 1, Class 2, and Class 3. The maximum punishments for each class are as follows:

1.         Class A1 Misdemeanor: This is the most serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class A1 misdemeanor is 150 days in jail and a fine to be determined by the court.

2.         Class 1 Misdemeanor: The maximum punishment for a Class 1 misdemeanor is 120 days in jail and a fine to be determined by the court.

3.         Class 2 Misdemeanor: The maximum punishment for a Class 2 misdemeanor is 60 days in jail and a fine to be determined by the court.

4.         Class 3 Misdemeanor: This is the least serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class 3 misdemeanor is 20 days in jail and a fine to be determined by the court.

It’s important to note that judges have discretion in setting the specific punishment for a misdemeanor offense within the maximum allowable range and may take into account factors such as the severity of the offense, the defendant’s criminal history, and other mitigating or aggravating circumstances.

There are several ways to avoid the maximum punishment for a misdemeanor offense in North Carolina, including:

1.         Plea bargaining: This involves negotiating a plea agreement with the prosecutor, where the defendant agrees to plead guilty in exchange for a reduced charge or sentence. This can often result in a lesser sentence than the maximum punishment for the offense.

2.         Probation: In some cases, a judge may sentence a defendant to a certain amount of jail time but suspend the sentence and place the defendant on probation instead. If the defendant successfully completes their probation, they may avoid serving any jail time.

3.         Community service: Some misdemeanor offenses may be punished with community service instead of jail time. Community service involves performing unpaid work for a certain number of hours, usually for a non-profit organization or government agency.

It’s important to note that the availability of these options may depend on the specific facts of the case, the defendant’s criminal history, and the discretion of the judge and prosecutor involved.

We hope it will not become necessary, but if you or a loved one get into trouble with a criminal matter or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

Memorial Day is approaching this week, making this weekend one of the busiest travel weekends in the country. Now that travel restrictions have been lifted, an influx of Americans feel more comfortable going on trips.

In an effort to keep North Carolina drivers safe, the North Carolina Highway Patrol is working with the NCDOT and the Governor’s Highway Safety Program on their Click It or Ticket campaign. The campaign began on Tuesday, May 24^th and ends on Monday, June 6^th.

Troopers plan on increasing patrols and checkpoints over a span of two weeks in an attempt to encourage drivers to be more attentive when following traffic laws, a main law being the proper wearing of a seatbelt. A violation of North Carolina’s seatbelt law results in a $180 fine.  

Should you or someone you know receive a seatbelt or other traffic citation in New Hanover County, Pender County, or Brunswick County, Collins Law Firm can assist you. Give us a call at (910) 793-9000 for a consultation.

Enjoy your Holiday weekend and don’t forget to fasten your seatbelts!

By Cheyenne M. Hensley, Legal Assistant

In 2021, 424 speed related crash fatalities were reported in North Carolina, 273 of which were of the male population between the ages of 15 and 29. 

At high rates of speed, one’s ability to avoid obstacles in the road, or to maintain lane control in curves is drastically reduced, and vehicles travel considerably further after brakes are applied before they come to a complete stop. 

To bring awareness of the dangers of speeding the Governor’s Highway Safety Program’s annual campaign “Speed a Little Lose a Lot” was launched today, April 11, 2022, and will last through Sunday, April 17, 2022. 

During this campaign, the Governor’s Highway Safety Program, teamed up with law enforcement across the state, will step up the enforcement of speed limits in order to get motorists to slow down. 

For your own sake and the sake of others, please obey the traffic laws, and travel safely. 

However, should you or someone you know receive a citation for a traffic law violation such as a speeding ticket, call the friendly professionals at Collins Law Firm at 910-793-9000 for a confidential consultation.

Collins Law Firm represents people charged with a wide range of traffic matters from simple speeding tickets to serious felony charges. In many cases we are able to avoid the necessity of our clients appearing in court and we help eliminate or mitigate the negative consequences of citations or charges. For most minor traffic matters, Collins Law Firm offers a free initial telephone consultation or we usually have appointments available immediately if you would like to come to our office to meet with a member of our staff.

By Jana H. Collins

In the aftermath of Hurricane Isaias, many traffic signals were off due to the loss of power in many areas, and it appeared as if many drivers were unsure about what to do in this situation.  North Carolina General Statute §20-158 (b)(6) provides as follows:

“When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device.”

If you approach a major intersection with multiple lanes of travel, then the vehicle that arrived first has the right of way.  When two vehicles arrive at the same time, then the vehicle to the right has the right of way and gets to proceed first.

Please make sure to be familiar with the laws governing the use of the roads in North Carolina in order to stay safe and avoid violations which could result in fines, driver license and insurance points. 

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins

In North Carolina, driving is a privilege.  Some drivers however put themselves and others in danger by disregarding traffic laws and driving dangerously, negligently or carelessly.  Such driving behavior is an abuse of one’s driving privilege and may result in the loss of said privilege.  The temporary loss of one’s driving privilege is called suspension.  Upon successful completion of the terms of the suspension, one may get their driving privilege reinstated.  Some offenses however, warrant one’s driving privileges to be terminated.  This is called revocation.  Upon a revocation, one must meet eligibility requirements in order to get their license reinstated and may need to have an administrative hearing.  Once found eligible, one will need to reapply for a driver license at a driver license office.

Below is a table providing general information regarding common suspensions and revocations.  However, each driving record is different and multiple suspensions may effect one’s eligibility for reinstatement of their driving privileges.

Therefore, it is important that you consult with an attorney knowledgeable and experienced in dealing with violations of traffic laws and driving privileges to either avoid a suspension or revocations, or to meet eligibility requirements for the reinstatement of one’s driving privilege.

Collins Law Firm represents people charged with a wide range of traffic matters from simple speeding tickets to serious felony charges. In many cases we are able to avoid the necessity of our clients appearing in court and we help eliminate or mitigate the negative consequences of citations or charges. For most minor traffic matters, Collins Law Firm offers a free initial telephone consultation or we usually have appointments available immediately if you would like to come to our office to meet with a member of our staff.

Should you or someone you know receive a citation for a traffic law violation such as a speeding ticket, call the friendly professionals at Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins