Tag Archives: felony
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
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 … Read More
Improper Application of the “Career Offender Enhancement” Amounts to a “Fundamental Miscarriage of Justice”
On Tuesday, April 8, 2014, the Federal Fourth Circuit Court of Appeals announced Whiteside v. United States, a very important decision for people incarcerated and sentenced prior to 2011. If someone was sentenced as a “Career Offender” in Federal Court, he may be eligible to have that sentence reduced by the court. In 2011, the … Read More
New NC Criminal Laws Effective December 1, 2013
During the 2013 legislative session, the North Carolina General Assembly passed a bundle of new laws and changed numerous laws already on the books. Since “ignorance of the law is not an excuse” (despite the overwhelming amount of laws and their complexity,) the Clifford Division has summarized most* of the new criminal laws and changes … Read More
The Expanding Availability of Expunctions in North Carolina
Recent changes in North Carolina expunction law have broadened the scope of expunctions available while simultaneously making expunction law more complicated. Due to the complexity of expunctions, you should hire a knowledgeable attorney to guide you through the process. North Carolina now allows expunctions for, among others — 1. Certain dismissed misdemeanor and felony charges … Read More