Category Archives: Criminal Law
North Carolina Expands Ability to Expunge Old Felony Convictions
Don’t let your criminal record deprive you of opportunities. The legislature has expanded your chances to expunge older convictions of “nonviolent” felonies. You can now expunge two or three “nonviolent” felony convictions after 20 years. The 20 year waiting period begins on the date of the most recent conviction or the date of completion of … Read More
N.C. “Second Chance Act” Gets Closer to Passing
UPDATED 6/18/2020 – Final language appears to be much better and there are now some great changes in here. Senate and House have passed the final version and it is heading to the Governor’s desk. Our blog post has been updated to reflect the final language. ———- There have not been many big changes in … Read More
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 … Read More
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 … Read More
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 … Read More
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, … Read More
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 … Read More
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 … Read More
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 … Read More
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. … Read More