Tag Archives: expungement

Can a DUI/DWI be expunged in Raleigh, NC?

Getting a DUI can be embarrassing—and expensive. It can also follow you around for a long time. Employment and other opportunities could be lost because of one mistake. Car insurance will be very expensive. You could also lose your job, custody of your children and even your home over a DUI.

But what if it were just one? What if your DUI was an anomaly, and not who you really are? Can you have that charge expunged, and “make it go away?” It’s possible but time-consuming. There are specific conditions you have to have to be “rid” of a DUI.

Changes In Expunction Laws

Can a DUI/DWI be expunged in Raleigh, NC?

Last year, Governor Cooper signed Senate Bill 445 into law, which took effect in December of 2017. This new bill reduces the waiting time for nonviolent offenders to apply for expungement. Some of the changes include:

  • Instead of 15 years, the wait time for misdemeanor convictions is 5 years
  •  Instead of 15 years, the wait time for felony convictions is 10 years
  • Law enforcement and prosecutors now have access to your records
  • There is no longer a limit on the number of dismissals that can be expunged, as long as you have no felony convictions

This bill is expected to help more than 2 million North Carolina residents get rid of old dismissed or “not guilty” charges that remain on their criminal records. Even if dismissed, old charges can inhibit the ability to find employment, housing education and other opportunities. Once completed, the charge will not show up on routine background checks but will be retained in the event of additional charges later.

The request for expungement must be filed in the county where it occurred. For instance, if you live in Wake County, but were charged during a beach weekend in Carteret County, you’ll have to file your expungement request in Carteret County since that’s where the charge originated.

Currently, it takes about nine months to one year for an expungement to be completed. With more individuals eligible for expungement, the wait time may be a little longer as more people take advantage and file to have old charges dismissed.

The Type Of DUI

Were you arrested for DUI, but not charged? Did you go to trial but found not guilty? Or were you convicted in a trial?

If your charge was dismissed, or you were acquitted, you can file for an expunction immediately, if you have no other felonies on your record. The judge is allowed discretion in approving an expunction, even if all the conditions are met.

But if you were convicted of DUI in North Carolina, expunctions are not included, and not allowed under §15A-145.5(a)(8a).

Driver’s License Suspension For DUI

If your license has been suspended for DUI, it’s a completely separate administrative matter. The North Carolina Department of Transportation has information on suspensions, revocations, and instructions on restoring your license. If your license has been suspended because of a DUI, a criminal defense lawyer may be able to help you restore your driving privileges as well.

We Can Help Expunge Your Record

A criminal charge doesn’t go away on its own—you have to request an expungement when the time is right. It’s a complicated process, and an experienced criminal defense attorney in Raleigh can help you through the process.

Dewey P. Brinkley understands that DUI is not who you are. It doesn’t have to last forever. As a former Wake County prosecutor, he has helped thousands of clients and successfully defended many in DUI cases. Contact our Raleigh law office today at (919) 832-0307 (or user our online contact form) for a free consultation.

Does My Child Have to Disclose a Juvenile Arrest When Applying for a Job?

When your son or daughter was arrested as a juvenile, it’s understandable to feel a bit worried for their future. This is especially true when it comes to job aspects or other applications that require a criminal background check. After an arrest and conviction, whether for a misdemeanor or a felony as a juvenile, it’s important to understand some of the challenges and barriers that your child may face when looking for a job.

Juvenile Arrest Records in Raleigh NC | Juvenile Defense Attorney

As the leading juvenile criminal defense lawyer in Raleigh, NC, attorney Dewey P. Brinkley boasts years of experience representing juveniles. As a diligent and knowledgeable defense attorney, we can provide a rigorous defense following an arrest; after a conviction, however, we can help with criminal record expungements as well. For a free, no-obligation consultation with our Raleigh law firm, call us today at (919) 832-0307.

Does My Child Have to Disclose a Juvenile Arrest?

In North Carolina, the juvenile code typically limits access to juvenile records by public and state entities, and there is little opportunity for future employers or colleges to access these records. Under certain circumstances, however, others may be able to access your child’s juvenile records.

Furthermore, the disposition of a juvenile case (in legalese, “disposition” essentially refers to the court’s decision of a case) is known as an adjudication, and not a
conviction. As such, if the job application asks whether the applicant was convicted of a crime, you are telling the truth by saying “No.”

According to N.C. Gen. Stat. § 7B-3000, a juvenile’s record (which contains all documents or information referring to arrests, complaints, referrals, juvenile petitions, and orders) is generally confidential. There are some exceptions to this confidentiality, including:

  • Probation officers and prosecutors may share information with other law enforcement individuals
  • Court counselors and prosecutors may access your child’s record
  • The child’s school principal can access the child’s record (the principal must be notified if the child was adjudicated for an act that would be a felony)
  • Specific agencies can access the child’s record, such as agencies investigating child abuse or neglect
  • The child’s attorney, his/her parents, and the child him/herself can access the records
  • The juvenile record can be disclosed under court order

Expunging or Sealing a Juvenile Court Record

Even if the juvenile record is confidential in North Carolina, it still exists. This can bring some anxiety for both the child and his/her parents. Fortunately, North Carolina law understands that juveniles sometimes make mistakes.

When “removing” these records from the child’s file, there are two options: sealing and expungement. In terms of sealing, it is the juvenile court judge who has the authority to seal records at the time of the court proceedings.

For maximum confidentiality, the child can have his/her records expunged after turning 18. An expunged record functions as if it doesn’t exist, and the child is never required to disclose information about the expunged juvenile record (except in very specific, rare circumstances).

To expunge your child’s record, he/she he may file a petition for expungement in the court of his or her adjudication.

There are some exceptions to expungement, however. If the child was arrested for  Class A, B1, B2, C, D, or E felonies, and the child was charged as an adult, then he/she may be unable to expunge those records.

Call the Law Office of Dewey P. Brinkley

If your child was arrested for a crime and adjudicated in juvenile court, then he/she may be able to expunge his/her juvenile records at the appropriate time. At the time of arrest, however, you can always benefit by having an experienced and competent juvenile defense attorney. At the Law Office of Dewey P. Brinkley in Raleigh, NC, we’ve successfully defended numerous juveniles for a wide variety of alleged offenses, and we can also help with your record expungement as well.

For a free, no-obligation consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.