From the Desk of:
David E. Inabinett, Managing Member

The last 12 to 18 months have brought about significant events which, we believe, have and will shape us as a firm over the next decade.

R. B. Smith and associate, Ryan McNeill, joined the firm in 2008, both adding great depth to our firm’s ability to serve clients, especially in the areas of municipal law, real estate, corporate, estate planning and elder law.

Walt Brinkley retired in 2009 after 60 years of active practice and we established a scholarship in his honor at Davidson County Community College to which we invite anyone to contribute as a ‘thank-you’ to him for his personification of what a citizen-lawyer and professional role model should be.

Judge Jack E. Klass now joins what we believe is a talented and diverse roster of attorneys representing concentration in nearly every critical area of civil and criminal law. Judge Klass' profile may be viewed here.

We believe we are the firm of choice, not only for all of Davidson County, but the Triad region of North Carolina. We are a firm ‘practicing today’s law with small town tradition.’ We invite you to view our new website www.brinkleywalser.com and sign up for newsletters designed to give you information relevant to your legal needs or questions. Or better yet, give us a call and we will be glad to speak with you personally.

North Carolina Adult Criminal Expunction Law:
by Stephen D. Barnhill, Member

In North Carolina, under certain circumstances, an adult may be able to have their criminal record expunged. Expunction is the legal process by which the arrest or conviction of a person may be erased from the public record and from his/her criminal record. Expunction is not available in every case. In general, if qualified, you are entitled to only one expunction in your lifetime in North Carolina. When an expunction is granted by a Judge, the Court orders that all entries relating to the arrest, charge or trial be expunged from the records of the Court and all law enforcement agencies having records of the same. If an expunction is granted by the Court, then the arrest or conviction lawfully does not have to be disclosed by the person whose record was expunged. It is important to note that an expunction of the case information from the Court's records does not guarantee your case information will be expunged from other sources such as private companies who acquire copies of criminal records to sell to potential employers. 

Expunctions available under North Carolina fall into three main categories: Expunctions based on age, expunctions based on dismissals or findings of not guilty, and expunctions of certain drug related offenses. 

There are a number of North Carolina statutes dealing with expunctions. Each statute has certain requirements and procedures which must be met in order to qualify for an expunction. Additionally, each statute has restrictions on expunctions.

N.C.G.S. §15A-145 allows for the expunction of certain misdemeanor convictions for offenses committed before age 18 and 21. This statute also authorizes expunction of misdemeanor larceny convictions which occurred 15 years prior to filing a Petition for Expunction.

N.C.G.S. §15A-145.1 allows for the expunction of records for first offenders under the age of 18 at the time of conviction of certain gang related offenses.

N.C.G.S. §15A-145.2 provides for the expunction of records for first offenders not over 21 years of age at the time of the offense for certain drug offenses.

N.C.G.S. §15A-145.3 provides for expunction of records for first offenders not over 21 years of age at the time of the offense for certain toxic vapors offenses.

N.C.G.S. §15A-146 provides for expunction of records when charges are dismissed or there are findings of not guilty.

N.C.G.S. §15A-147 provides for expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft.

N.C.G.S. §15A-148 allows for expunction of DNA records when charges are dismissed or appeal or pardon of innocence is granted.

N.C.G.S. §15A-149 allows for expunction of records when pardon of innocence is granted.

N.C.G.S. §14-458.1(c) authorizes expunction of cyber-bullying.

This article is intended to provide general information about Expunctions. Contact our office for a free consultation to discuss the specific facts of your situation in order to determine whether or not you qualify for an Expunction under North Carolina law.

Brinkley Walser, PLLC Services:
We are proud to be a diverse firm that serves the needs of our clients in all areas of the law, including: 
• Administrative Law
• Arbitration and Mediation Services
• Banking Law
• Business Law
• Catastrophic Injury Cases
• Civil Litigation
• Consumer Protection
• Collections
• Corporate Law
• Criminal Law
• Education Law
• Elder Law
• Employment Law
• Estate Planning
• Land Condemnation
• Medicaid Planning/Asset Protection
• Real Estate
• Social Security Disability
• Workers’ Compensation
• Wrongful Death
• Wills & Estates  

Today's Law Practiced with Small Town Tradition
Brinkley Walser, PLLC is a firm based upon a strong tradition since 1886.  A tradition of extraordinary service and attention, a total commitment to our clients.  A tradition of providing the most up-to-date knowledge of the law coupled with good common sense that promotes a solution that is in the best interest of the client.  A tradition of service not only to our clients, but to the community.  A tradition of providing expert, affordable legal advice to almost every area of the law.  This tradition started in 1886 and continues with the dedicated team of men and women who make up today's Brinkley Walser.