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.

On July 4, 2015, 17-year-old Sheyenne Marshall was fatally injured when an impaired boater crashed into her while she was knee-boarding on Lake Norman. 

After Ms. Marshall’s family learned that boating while impaired was only punishable as a Class 2 misdemeanor, they lobbied for harsher penalties for boating while impaired. 

On June 27, 2026, Sheyenne’s Law passed, North Carolina General Statute § 75A‑10.3, which reads as follows:

§ 75A-10.3. Death or serious injury by impaired boating; repeat offenses

(a) Death by Impaired Boating. – A person commits the offense of death by impaired boating if all of the following apply:

(1) The person unintentionally causes the death of another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(b) Serious Injury by Impaired Boating. – A person commits the offense of serious injury by impaired boating if all of the following apply:

(1) The person unintentionally causes serious injury to another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(c) Aggravated Serious Injury by Impaired Boating. – A person commits the offense of aggravated serious injury by impaired boating if all of the following apply:

(1) The person unintentionally causes serious injury to another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(4) The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.

(d) Aggravated Death by Impaired Boating. – A person commits the offense of aggravated death by impaired boating if all of the following apply:

(1) The person unintentionally causes the death of another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(4) The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.

(e) Repeat Death by Impaired Boating. – A person commits the offense of repeat death by impaired boating if all of the following apply:

(1) The person commits an offense under subsection (a) or subsection (d) of this section.

(2) The person has a previous conviction under at least one of the following:

a. Subsection (a) of this section.

b. Subsection (d) of this section.

c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired boating under G.S. 75A-10(b1).

The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.

(f) Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1) Repeat death by impaired boating is a Class B2 felony.

(2) Aggravated death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.

(3) Death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender.

(4) Aggravated serious injury by impaired boating is a Class E felony.

(5) Serious injury by impaired boating is a Class F felony.

(g) No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by impaired boating may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by impaired boating arising out of the same death.

On August 28, 2023, the first conviction of death by boating while impaired was achieved in Brunswick County when Matthew Ferster pleaded guilty to three counts of death by impaired boating.  Mr. Ferster was sentenced to 9.5 to 18.5 years in prison.  Matthew Ferster had caused a boating crash in March of 2020 that claimed the lives of 26-year-old Jennifer Hayes, 21-year-old Megan Lynn, and 21-year-old Garret Smith.

If you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington,) Pender (Burgaw,) or Brunswick Counties (Bolivia,) 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

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

In North Carolina, felonies are classified into ten different categories or classes, each with its own range of penalties and sentencing guidelines. The classes of felonies in North Carolina are:

Class A Felonies: These are the most serious type of felony in North Carolina and include crimes such as first-degree murder, first-degree burglary, and certain drug trafficking offenses. Class A felonies are punishable by life imprisonment or the death penalty.

Class B1 Felonies: These include offenses such as rape, kidnapping, and some drug trafficking offenses. Class B1 felonies carry a potential sentence of 144 months to life imprisonment.

Class B2 Felonies: This category includes crimes such as voluntary manslaughter, second-degree murder, and some drug trafficking offenses. The potential sentence for a Class B2 felony is between 94 and 393 months in prison.

Class C Felonies: These include offenses such as assault with a deadly weapon, burglary, and embezzlement of property worth more than $100,000. Class C felonies carry a potential sentence of between 44 and 182 months in prison.

Class D Felonies: This category includes crimes such as possession of stolen goods, forgery, and embezzlement of property worth between $1,000 and $100,000. The potential sentence for a Class D felony is between 38 and 160 months in prison.

Class E Felonies: These include offenses such as larceny of property worth between $1,000 and $10,000, and possession with intent to sell or deliver a controlled substance. Class E felonies carry a potential sentence of between 15 and 63 months in prison.

Class F Felonies: This category includes crimes such as identity theft, larceny of property worth between $500 and $1,000, and possession of a stolen firearm. The potential sentence for a Class F felony is between 10 and 41 months in prison.

Class G Felonies: These include offenses such as breaking and entering into a motor vehicle, larceny of property worth less than $500, and possession of stolen property. Class G felonies carry a potential sentence of between 8 and 31 months in prison.

Class H Felonies: This category includes crimes such as simple assault, possession of a firearm by a felon, and certain drug offenses. The potential sentence for a Class H felony is between 4 and 25 months in prison.

Class I Felonies: These include offenses such as possession of marijuana or cocaine in excess of 1.5 ounces but less than 10 pounds, and carrying a concealed weapon. Class I felonies carry a potential sentence of up to 24 months in prison.

It’s important to note that the potential sentence for a given felony offense can vary based on factors such as the defendant’s criminal history and the circumstances surrounding the crime. Additionally, judges in North Carolina have discretion to depart from the statutory sentencing guidelines in certain cases.

Should you or someone you know get charged with a felony, a misdemeanor, or a traffic ticket in Southeastern North Carolina, 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

It is currently illegal to use marijuana in North Carolina, but many polls show most voters support legalizing cannabis the Charlotte Observer recently reported.  A CBS News poll in April found that nearly two-thirds of Americans want marijuana or cannabis use to be legal at both the federal and state levels.  Polls conducted by SurveyUSA and Spectrum News found that 72% of North Carolina voters support the legalization of medical marijuana or cannabis. More than half of voters in North Carolina support legalizing marijuana for recreational use, according to the SurveyUSA poll. The North Carolina Senate passed a medical marijuana bill early in 2022, but it has since stalled in the NC House of Representatives The News & Observer reported recently. The bill would have allowed only those with certain ailments to use marijuana.

Even though North Carolina lawmakers have failed to reach an agreement on medical marijuana legalization, North Carolina is one of 30 states with marijuana decriminalization laws, which means some offenses do not carry the threat of jail time, according to the National Organization for the Reform of Marijuana Laws (NORML), a group that advocates for the legalization of marijuana for medical and recreational use.

In North Carolina a new law was passed several years ago that made possession of marijuana paraphernalia a class three misdemeanor, which is less severe than a class one misdemeanor for drug paraphernalia.

The national trend for legalization continues, and only time will tell when North Carolina will join the majority of other states in the US.

By Attorney David B. Collins, Jr.

In December 2017, the options for expunctions (or expungements) and the process for removing convictions from people’s records have been drastically improved by Senate Bill 445.  More changes are coming soon. On June 25, 2020, Governor Roy Cooper signed Senate Bill 562, a.k.a. The Second Chance Act, which will loosen previous requirements, allowing even more individuals with criminal histories to have a chance at clearing their records. While some changes become effective December 1, 2020, the most sweeping changes – the automatic expunction of dismissals or acquittals by operation of law – will not become effective until December 1, 2021.  Below are a few examples of the modifications to the laws regarding expunction that will apply to offenses committed by individuals of at least 18 / eighteen years of age:

In addition to misdemeanors and felonies, infractions will be eligible for expunction as long as the person was acquitted of the charges – i.e., they were dismissed or a finding of not guilty or not responsible was entered.  It will also no longer be required that the person had not previously been convicted of a felony to pursue an expunction for a dismissed or not guilty charge.

Felonies, misdemeanors, or infractions for which the person was acquitted, i.e., that were dismissed or for which a finding of not guilty or not responsible was entered on or after December 1, 2021, will be automatically expunged by operation of law, and will not require a petition.

Also, pursuant to The Second Chance Act, a person may file a petition for expunction of more than just one nonviolent misdemeanor convictions, but in that case will have to wait seven years rather than only five years in order to do so.

The professionals at Collins Law Firm have been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, or if you have a friend in such a situation, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility.

By David B. Collins, Jr.

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

The Second Chance Act was signed by Governor Cooper on June 25, 2020, with a unanimous passing at the General Assembly. This new bill, in an effort to expand opportunities and streamline services for expunctions (or expungements), will not only benefit individuals with criminal records, but also law enforcement and court personnel.

Charges that are dismissed without leave, dismissed by the court, acquitted, found not guilty, or not responsible on or after December 1, 2021, will be automatically expunged pursuant to the new North Carolina General Statute §15A-146(a4). Until that date, charges that fall under the same category will need to still be petitioned to be expunged, either by the individual or an attorney. In addition, there will be no disqualification based on prior convictions of felonies or misdemeanors. Under the previous law, individuals with prior felony convictions could not obtain an expunction of a dismissed charge. The new statute also involves no waiting period and no limit on the number of expungements an individual can pursue for dismissed charges.  A petition for expunction may be filed by the affected person or by the District Attorney.

According to the new statute, if any person is charged with a crime, either a misdemeanor or a felony, or is charged with an infraction, the charges in the case are expunged by operation of law if all of the following apply:

(1) All charges in the case are disposed on or after December 1, 2021, and

(2) All charges in the case are dismissed without leave, dismissed by the

court, or result in a finding of not guilty or not responsible.

If you or someone you know is interested in having their record expunged in New Hanover, Pender, or Brunswick County, please give our office a call for a confidential consultation. We also handle serious personal injury and wrongful death cases as well as wills and estates with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

Just recently, since June 6, 2020, six troopers have been sent to the hospital with a range of injuries due to separate collisions in which other motorists struck Highway Patrol vehicles. The failure to obey by the move over laws of our State contributed to five our of these six incidents. On Monday, July 27, 2020, the North Carolina State Highway Patrol launched their Move Over Campaign to gain compliance with the Move Over laws by motorists in an attempt to prevent future collisions.

Often, drivers appear to be unsure about what they are expected or required to do.  Therefore, please make sure to become familiar with these laws, and protect those who risk their lives to protect us:

Upon the approach of an emergency vehicle “giving warning signal by appropriate light and by audible bell, siren or exhaust whistle, audible under normal conditions from a distance not less than 1000 feet”, North Carolina General Statue (N.C.G.S.) §20-157(a) provides that “the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb, clear of any intersection of streets or highways, and shall stop and remain in such position unless otherwise directed by a law enforcement or traffic officer until the law enforcement or fire department vehicle, or … shall have passed. Provided, however, this subsection shall not apply to vehicles traveling in the opposite direction of the vehicles herein enumerated when traveling on a four-lane limited access highway with a median divider dividing the highway for vehicles traveling in opposite directions, and provided further that the violation of this subsection shall be negligence per se. Violation of this subsection is a Class 2 misdemeanor.”

With respect to fire apparatuses, N.C.G.S. §20-157 provides in subsections (b), (c), and (d) that it is unlawful to follow too closely when it is traveling in response to a fire alarm, to park too close to where a fire apparatus has stopped to answer an alarm, or to drive a motor vehicle over or block a fire hose or any other equipment being used at a fire.

When an authorized emergency vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, N.C.G.S. $20-157(f) provides that:

• Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
• Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

With the amendment of N.C.G.S. §20-157 effective December 1, 2019, the penalty for those who violate the State’s Move Over Law causing serious injury or death by violating this section have increased—a violation resulting in damage to property or injury to a law enforcement officer or emergency response person is now a Class 1 misdemeanor pursuant to N.C.G.S. §20-157(h), which carries a maximum punishment of 120 days;  a violation resulting in serious injury or death to a law enforcement officer or emergency response person is now a Class I felony pursuant to N.C.G.S. §20-157(i), which carries a maximum punishment of 24 months.

Be attentive and considerate and obey by the laws governing the use of our roadways in order to protect lives and save yourself the headache of facing charges, court costs, fines, and potential insurance increases. However, should you receive a traffic ticket in New Hanover, Pender, or Brunswick County, call Collins Law Firm at 910-793-9000 for a confidential consultation. We are here to help!

By Jana H. Collins, Office Manager

In December of 2017, the accessibility of the expunction process had been drastically improved by Senate Bill 445, and now we are looking at even more changes to become effective December 1, 2020 lifting previous requirements, and allowing for a second chance in even more scenarios.  Below are a few examples of the revisions to the expunctions laws applicable to offenses committed by persons age 18 or older:

1. In addition to felonies and misdemeanors, infractions will be eligible for expunction from a person’s official records as long as the charges were dismissed or for which a finding of not guilty was entered.  Also, it will no longer be required that the person had not previously been convicted of a felony.
2. Dismissals or findings of not guilty of felonies, misdemeanors, or infractions on or after December 1, 2021, will be expunged by operation of law, not requiring a petition.
3. More than one conviction of non-violent misdemeanors can be expunged after a seven-year waiting period.

The team at Collins Law Firm has been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility.

PS.: On June 25, 2020, Governor Roy Cooper signed Senate Bill 562.

By Jana H. Collins