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HUGE changes to NC Expunction Laws Give New Hope to Countless Thousands of North Carolinians

Effective December 1, 2017, the North Carolina General Assembly has implemented the broadest and possibly most important changes to existing North Carolina expunction laws to date. Senate Bill 445 passed the North Carolina Senate by a 47-2 vote and the House by a 103-2 vote. This bill contains numerous changes, but there are two MASSIVE […]

DWI Convictions No Longer Eligible for Expunction Effective December 1, 2015

Effective December 1, 2015, DWI convictions will no longer be eligible for expunction in North Carolina. This applies to any new petitions as well as those petitions which are still pending as of December 1. Dismissed or not guilty DWI charges will still be eligible for expunction pursuant to 15A-146. This is the result of […]

Supreme Court Places Limits on Use of Dogs at Traffic Stops

In a 6-3 decision written by Justice Ruth Bader Ginsburg, the United States Supreme Court placed new limits on dog sniffs as a part of routine traffic stops in the case of Rodriguez v. United States. In summary, the Court held that once a traffic stop has been completed, law enforcement may not extend a […]

North Carolina Firearms and Self-Defense Laws

Interested in firearms and what the current state of the law is regarding firearm possession and use? You should should check out Jon Gutmacher’s highly acclaimed book “Florida Firearms – Law, Use & Ownership: Eight Edition” which explains Florida & Federal laws on firearms, weapons & self-defense with new sections on firearms laws in Alabama, […]

North Carolina Criminal Law Updates for December 1, 2014

Effective December 1st, a new batch of criminal laws will go into effect in North Carolina. Robert Farb and the North Carolina School of Government have provided a good summary of the new laws and changes to existing laws which you can access here: https://sogpubs.unc.edu/electronicversions/pdfs/punchtupdate2014.pdf . There are two changes to the law that are […]

Upcoming Changes to NC Expunction Laws

Effective December 1, 2014, the North Carolina General Assembly has implemented a few changes to existing North Carolina expunction laws. We always hope that new expunction laws mean expanded opportunities for expunction; however, that is not the case this time around. Instead, the General Assembly has narrowed expunction opportunities for North Carolinians as laid out […]

Post-Election Criminal Law Updates

The November 2014 election in North Carolina had numerous potential effects on the criminally accused in Guilford County. This post is an attempt at a comprehensive update regarding those changes. Constitutional Amendment. Perhaps most importantly, North Carolinians voted in favor of a Constitutional Amendment wherein the criminally accused now have the right to waive jury […]

Recording Interaction with Law Enforcement

Following the many recent tragedies involving law enforcement around the country, the benefits of recording law enforcement’s interactions with citizens has become a hot topic again. In our opinion, recording law enforcement’s interactions with citizens is beneficial for all parties involved. Below is some information to help citizens understand this issue. Recording by Law Enforcement. […]

Proposed Constitutional Amendment Would Allow Felony Bench Trials in North Carolina

In the November election, North Carolina voters will once again be given an opportunity to amend the North Carolina Constitution. The amendment at issue is whether those charges with a Felony in North Carolina should have the option to waive a jury trial and instead have a trial by judge, also known as a “bench […]

Dog Sniff Searches Limited by North Carolina Court of Appeals

On July 1, 2014, the North Carolina Court of Appeals released its opinion in State v. Cottrell in which the court limited the use of police dog drug sniffs following traffic stops. In Cottrell, the defendant was observed driving without turning on his headlights. The law enforcement officer stopped him for this infraction as well […]