In recent legislative sessions, North Carolina has been at the forefront of discussions regarding juvenile justice reform. With a focus on improving outcomes for young people within the justice system, several key initiatives are being proposed to reshape how juvenile offenders are treated and rehabilitated.

One of the primary goals of these reforms is to reduce the number of juveniles who are tried as adults. Currently, North Carolina is one of several states where the age at which juveniles can be tried as adults starts as young as 16. Advocates for reform argue that treating younger offenders as adults can have detrimental effects on their future prospects and rehabilitation. Instead, the proposed changes aim to raise the age at which juveniles can be automatically charged as adults, offering them a better chance at rehabilitation and a productive future.

Another significant aspect of the proposed reforms is the emphasis on diversion programs and community-based alternatives to incarceration. These programs recognize that many juvenile offenders would benefit more from counseling, education, and community service rather than being placed in detention facilities. By diverting young people away from the traditional justice system, proponents believe that recidivism rates can be reduced, and communities can be made safer.

Furthermore, there is a push to improve conditions within juvenile detention facilities themselves. Reports of overcrowding, inadequate education, and limited mental health services have prompted calls for increased funding and oversight to ensure that these facilities provide a safe and supportive environment for young people who must be detained.

Critics of the proposed reforms argue that they may be too lenient on juvenile offenders, potentially leading to an increase in crime rates or failing to hold young people accountable for their actions. However, supporters counter that the current system often perpetuates cycles of incarceration without addressing the underlying issues that lead young people into trouble in the first place.

Before the “Raise the Age” reform, which took effect in December 2019, North Carolina was one of only two states in the United States that automatically prosecuted all 16- and 17-year-olds as adults, regardless of the offense.  The “Raise the Age” reform refers to legislation that raised the age of juvenile jurisdiction for nonviolent offenses so that 16- and 17-year-olds who commit misdemeanors and certain low-level felonies are now treated as juveniles in the court. This means they are diverted away from adult criminal court and instead handled within the juvenile justice system, which is generally geared towards rehabilitation rather than punishment.

Pursuant to North Carolina House Bill 834, 16- and 17-year-olds who “allegedly committed an offense that would be a Class F or G felony if committed by an adult, the court shall transfer jurisdiction over the juvenile to the superior court for trial as in the case of adults unless the prosecutor declines to prosecute in a superior court…”

House Bill 834 comes in response to complaints by members of the criminal justice system that dangerous 16 and 17-year-old offenders are being released back onto the streets.

House Bill 834 had received bipartisan support and passed the Senate in May, and the House in June of this year. However, Governor Cooper vetoed this bill on Friday, June 14, 2024.

The roots of expunction laws in North Carolina can be traced back to the early days of the state’s legal framework. Like many states, North Carolina recognized the need for mechanisms to address the consequences of criminal records on individuals seeking reintegration into society. Early expunction statutes primarily focused on juvenile offenders and minor offenses, reflecting a nascent understanding of the importance of rehabilitation over perpetual punishment.

The mid-20th century marked a significant turning point in North Carolina’s approach to expunction. Against the backdrop of broader social movements advocating for criminal justice reform and rehabilitation, the state began to expand the scope of its expunction laws. Reforms aimed to provide opportunities for individuals to expunge certain non-violent offenses from their records, acknowledging the potential for rehabilitation and reintegration into society.

In recent decades, North Carolina witnessed landmark reforms that broadened access to expunction for individuals burdened by past mistakes. These reforms included provisions for the expunction of certain misdemeanor and felony convictions, as well as measures to mitigate the collateral consequences of criminal records on employment, housing, and other aspects of life. Such reforms reflected a growing recognition of the need to address the systemic barriers faced by those with criminal histories.

While North Carolina has made significant strides in expanding access to expunction, challenges remain. Disparities in access to legal representation, lingering stigmas surrounding criminal records, and bureaucratic hurdles continue to impede the expunction process for many individuals. Addressing these challenges requires ongoing advocacy, collaboration, and a commitment to the principles of justice and fairness.

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.

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