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

As the COVID-19 pandemic continues, North Carolina Governor Roy Cooper has announced a “Phase 2.5” of reopening our State set to be effective this Friday, June 12, 2020. This phase could increase restaurants’ maximum seating capacity, and open up bars and gyms with maximum capacity restrictions. This also means that some small business owners will be able to return back to work after all this time of uncertainty.

During these unprecedented times, the unemployment rate in the United States has risen to 13.3% as of the end of May – up from 3.6% in January 2020. As millions of Americans are without employment, they are scrambling to find work to make ends meet and pay their bills.

For those with a criminal record, finding a job can be difficult, and even more so during the times of a pandemic and our economic recovery. It is more important now than ever to have a clean background when searching for employment. Even if you were charged, and the charge was dismissed, the fact that you were charged will remain on your record unless you have it expunged.

An expunction, or expungement, is a legal action in which the petitioner or plaintiff seeks that the court destroys or seals prior criminal convictions from Federal or State official records. Until December 1, 2017, an individual could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria.

The sooner you get the process started, the sooner your record will be clear, and the sooner you can apply for jobs with confidence. Your record will look more appealing to potential employers, and you will feel better knowing that your record is clear.

David Collins 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. 

By Karen M. Thompson, Paralegal

As the unemployment rate in the United States continues to climb – at 4.4% as of the end of March 2020 – individuals across the country have been stranded without jobs or money to pay their bills.  For the Americans that were already living paycheck to paycheck, this COVID-19 pandemic has caused extreme stress, confusion, and panic when it comes to figuring out how they will pay their next bill. 

For some individuals with a criminal record, the search for a new job can be difficult.  Past criminal charges, even old charges, can haunt you when it comes to major life decisions and changes.  It is more important now than it ever has been, to have a clean record when searching for new employment.  The sooner you get an expunction started, the sooner your record will be more appealing to prospective employers.

Expungement is a legal action in which the petitioner or plaintiff seeks that the court destroys or seals prior criminal convictions from Federal or State official records. Until December 1, 2017, an individual could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria. Without an expungement, criminal charges remain on one’s record even when there is no conviction.

Mr. Collins has been handling scores of expunctions for over two decades 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. 

By Karen M. Thompson, Paralegal

It happens so easily—one makes a bad choice, gets misunderstood, or falsely accused, and in the result faces criminal charges.  Regardless of the outcome in a criminal matter—even in case of a wrongful criminal charge—the fact that one was criminally charged will result in a criminal record.  Unless dealt with appropriately, a criminal record may create a virtuous circle and negatively affect one’s chances in the job market, in college applications, on the housing market, etc.  In an attempt to mitigate or avoid negative consequences of one’s criminal record, one should consult with an attorney about whether or not they are eligible for an expunction of their criminal record and if eligible, pursue the expunction.

An expunction, also called expungement, is a process ordered by the court in which one’s criminal record is “sealed”, or erased.

Thanks to Gov. Roy Cooper who ratified Senate Bill 445 on July 28, 2017, the accessibility of the expunction process will be improved drastically for about 2 million North Carolinians who currently have a criminal record effective December 1, 2017.  Here are the two expungements we mostly pursued in our office:

1. Expungement of records when charges were dismissed pursuant to N.C.G.S. §15A-146

There will no longer be a limit on how many expunctions one can pursue—the only condition will be that one “had not previously been convicted of any felony under the laws of the United States, this State, or any other state”.

2. Expunction of “nonviolent” misdemeanors and felonies pursuant to N.C.G.S. §15A-145.5

In order to qualify for an expunction under this section, one may not have “other misdemeanor or felony convictions, other than a traffic violation”.  While under the current law, one needs to wait 15 years after the date of the conviction or “when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later” , under the new law that wait time will be reduced to just five years for misdemeanors and ten years for felonies.

If you or someone you know have a criminal record and consider pursuing an expungement in New Hanover, Pender, or Brunswick Counties, North Carolina, call Collins Law Firm at (910) 793-9000 for a confidential consultation.

By Jana H. Collins, Office Manager

A new policy in the Fifth Prosecutorial District that affects youths charged with underage drinking has gone into effect as of late November of 2014. This new policy will reshape the requirements for those who enter into a deferred prosecution agreement for an underage drinking charge. The goal of this new program is to help young offenders by teaching them the risks and consequences of underage alcohol consumption as well as avoiding a permanent mark on their criminal record. This program will only be offered to first time offenders that have not previously been convicted of any drug or alcohol crimes.

The requirements include, but are not limited to, 12 months of unsupervised probation, observation of DWI Treatment Court, participation in the Youth Offender Course at New Hanover Regional Medical Center and the Street Safe Alcohol Education Program (followed with an reflection essay), and Community Service.

The eligible offenses for the new Underage Alcohol Deferred Prosecution Program are as follows:

If you or someone you know has received an underage drinking ticket, or any of the above listed charges in Southeastern North Carolina, then call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Rachel Reynolds,  Paralegal

Generally, the fact that one was charged with a crime remains on their record regardless of the disposition of the charge, unless the charge gets expunged. An expungement in North Carolina is the eradication of one’s criminal record by court order.  The effects of an expunction or expungement are outlined in N.C.G.S. § 15A-153 and include that upon expunction one may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred.

Thanks to Hour Bill 1023 which went into effect on December 1, 2012, one can now even get a conviction expunged pursuant to N.C.G.S. § 15A-145.5 as long as the offense was a nonviolent felony or misdemeanor:

(a) For purposes of this section, 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. 14-27.7A(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.

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

In order to qualify for an expunction under N.C.G.S. § 15A-145.5 one may not have other felony or misdemeanor convictions in any state and no previous expunction under this section or under any of the following sections:  N.C.G.S. §§ 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, or 15A-145.4.  Further, a petition for expunction of record under this section shall not be filed earlier than 15 years after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.  The costs for filing petition under N.C.G.S. § 15A-145.5 is $175.

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

Our nation has faced some difficult economic times as of late. In North Carolina, these trying times have left over 400,000  unemployed and unsure of how they will be providing for themselves and their families. The unemployment rate for young North Carolinians (ages 20-24) more than doubled between 2007 and 2011—the second highest jump in the nation.  North Carolina joined six other states in 2012 to combat this growing trend in a network which emerged as a result of the Pathways to Prosperity Report by the Harvard Graduate School of Education.

The Pathways to Prosperity report was released in February of 2011 by the Harvard Graduate School of Education and was entitled: “Pathway to Prosperity: Meeting the Challenge of Preparing Young Americans for the 21st Century”. This report challenged our excessive focus on the four-year college education and argued that additional pathways need to be created to combine rigorous academics with strong technical education to equip the majority of young people with the skills and credentials to succeed in our increasingly challenging labor market.

Another aspect however—not addressed in the report or by the network— is the challenge our youngsters face due to their youthful indiscretions reflected on their criminal records.

Whether you are hired or promoted for a job may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks. Employers are looking for the best possible candidates for their companies and background checks help sort through the overwhelming number of applicants they have. A blemish from days past can have a negative impact on an individual’s employability. An expungement may be the answer for certain, qualifying individuals who wish to clear their criminal record in order to have a better chance at employment.

If you or someone you know would like to open up career opportunities by discussing the possibility of expunging your criminal record contact Collins Law Firm  at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Courtney Hull, Intern at Collins Law Firm

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

Spring is here, and people across the Southeast are thinking about going to the beaches in Southeastern North Carolina and planning trips.  We have beautiful beaches in our area.  In New Hanover County, there is Wrightsville Beach, Carolina Beach, Wilmington Beach, and Kure Beach. In Pender County, there is Surf City and Topsail Island.  In Brunswick County, there is Sunset Beach, Holden Beach, Oak Island, Caswell Beach, and Ocean Isle Beach.

There are many efforts to prevent littering, and many make the news in our region.  In Wrightsville Beach, the Cleaner, Greener Wrightsville Beach committee has proposed a list of ideas to help prevent littering.  They proposed the following steps:  to develop a visual image for regular signage and holiday banners to remind visitors to keep Wrightsville Beach clean; create a logo that can be included on T-shirts (possibly signage and banners, too) to identify beach sweep volunteers and solicit volunteers to educating the public about cleaner, greener efforts; color code recycling containers and consider additional recycle locations on the beach strand; maintain the Green Tab on the town’s website through IT manager, Raquel Ivins; work with the Wrightsville Beach Merchants Association and Mayor David Cignotti coordinating with their litter awareness efforts; and study and use results of the Cleaner Greener Survey in developing ideas and plans.

Another program is North Carolina Big Sweep.  They finished first in the voting in the MillerCoors River Network competition.  The first prize is a $30,000 grant.  The statewide non-profit group says the money will be used to coordinate cleanups in all 100 counties in North Carolina and to implement a litter awareness campaign.  WWAY has partnered with Big Sweep on annual beach clean-up programs in the area.

Our beaches are beautiful, and we should all help to alleviate littering.  Littering on most of our beaches is a crime – a misdemeanor, and a conviction for littering can remain on one’s criminal record for life unless steps are taken to prevent it.   If you are charged with littering, or any other crime in our area, Collins Law Firm can help prevent the consequences of being charged, such as court appearances, and convictions and the subsequent consequences of a conviction such as fines, court costs, probation, etc.  We have been doing so for over a decade.

One way we often help avoid convictions for such crimes as littering is to negotiate with law enforcement and the district attorney’s office to have a client perform a number of hours of volunteer service.  Often that volunteer service can be picking up litter on the beach.

If you have been charged with littering, or any other crime in our area, call Collins Law Firm at 910-793-9000 for a consultation about what we can do for you.

The UNCW newspaper, theseahawk.org, recently reported that alcohol violations were up 50% and drug violations were up 23% over the previous year. Students should be aware that if they are convicted of an alcohol or drug offense such as possession of marijuana, underage drinking or possession of an open container, a criminal conviction could remain on their record for the rest of their life. However, there are ways to avoid a conviction and Collins Law Firm has avoided convictions in hundreds if not thousands of cases involving controlled substances or alcohol.

The article also reported that burglaries are down 47% from the previous year which is good news.

Collins Law Firm is located only one mile from the UNCW campus and offers student discounts so UNCW students should feel free to call (910) 793-9000 for a consultation regarding legal matters we handle.