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HIGHLY RECOMMENDED!​

I hired Derek Fletcher last minute to help strike a failure to appear in Guilford County, NC. Mr. Fletcher was very responsive and was able

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HIGHLY RECOMMENDED!​

I hired Derek Fletcher last minute to help strike a failure to appear in Guilford County, NC. Mr. Fletcher was very responsive and was able to get me in to court the very next day. He obtained the best possible results

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PROFESSIONAL AND HELPFUL​

I hired Derek to represent me in my DWI case. He was very knowledgeable and helped me stay calm through the whole process. He was affordable and always kept me informed. I was very happy with his services and have referred

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Serious cases require serious representation.

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FLETCHER LEGAL IS A CHARLOTTE-BASED LAW PRACTICE DEDICATED TO HELPING OUR CLIENTS NAVIGATE BOTH THE JUDICIAL PROCESS, AND LIFE’S MOST DIFFICULT MOMENTS. We constantly push the limits of what’s possible when it comes to integrating technology into solo practice with the goal of reducing client fees and expanding access to law. We believe in treating people the way we want to be treated.

WE FIRMLY BELIEVE THAT RESULTS SPEAK FOR THEMSELVES, BUT RESULTS AREN’T EVERYTHING. We believe that relationships are key, and we only accept clients that we feel we can have a successful partnership with to reach the best results. We believe that legal emergencies rarely occur during business hours, and that it is essential for clients to have Attorney Fletcher’s personal cell phone number.

WE ACCEPT CLIENTS, NOT CASES, AND WE GO WHERE WE ARE NEEDED, ACROSS ALL 100 NORTH CAROLINA COUNTIES. We stick to what we’re good at, continually pushing the envelope and streamlining process steps. We always set our clients up for the best possible outcome.

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EXPUNGE A NORTH CAROLINA FELONY CONVICTION

NORTH CAROLINA ALLOWS EXPUNGEMENT OF FELONIES SUBJECT TO CERTAIN CONDITIONS AND PREREQUISITES. In 2011, the answer that traditionally resulted in a resounding “no” from legal practitioners across the Tarheel State abruptly changed: the North Carolina General Assembly enacted N.C.G.S. § 15a-145.4, allowing expungement of non-violent felonies committed before the age of 18. Shortly thereafter, N.C.G.S. § 15A-145.5 expanded relief to non-violent felony convictions committed after age 18, but required 15 years to pass before petitioning for expungement; this law changed in 2017 to reduce the wait period from 15 years to 10 years.

IF YOU MEET THE CONDITIONS TO EXPUNGE A FELONY CONVICTION, YOU NEED TO FILE AN EXPUNGEMENT PETITION IMMEDIATELY. Because of the litany of collateral consequences associated with being labeled a convicted felon, almost everybody with that label would tell you they would do almost anything to have it removed. If you are eligible to expunge a felony conviction, we highly advise that you file an Expungement Petition as quickly as possible. Most people think that life will never return to normal after a felony conviction – the team at Fletcher Legal is here to help you remove that label, and never have to “check-the-box” ever again.

WE DON’T DO THIS TO GET RICH; WE HELP PEOPLE RETURN THEIR LIVES BACK TO NORMAL. The result of a successful petition allows a person to return to the legal status they occupied prior to conviction. This effecctively means that after a person’s Felony Expungement Petition is grated, they are no longer a convicted felon.

CONTENTS OF A NORTH CAROLINA FELONY EXPUNGEMENT PETITION

  1. Form AOC-CR-281;

  2. Petitioner’s Affidavit;

  3. Two Character Affidavits;

  4. A certified check or money order in the amount of $175 made payable to the Clerk of Court;

  5. One copy of the Petition and included documents must be filed with the Clerk of Court in the County where the felony conviction occurred; and

  6. One copy of the Petition, the included documents, and a Certificate of Service must be filed with the District Attorney’s Office in the County where the felony conviction occurred.

PREREQUISITES TO FILING AN EXPUNGEMENT PETITION

THE STATE DOESN’T MAKE IS EASY. Before a person can Petition for the removal of a North Carolina Felony Conviction, they must meet each and every condition required by law. Moreover, not every felony conviction may be expunged, even if the Petitioner meets every other condition.

To successfully expunge a North Carolina Felony Conviction, state law requires:

  • The crime to be expunged must be a non-violent offense;
  • Before filing an Expungement Petition, a person must wait at least 10 years from the date their sentance was completed;
  • The Petitioner may not have any prior, nor any subsequent, misdemeanor or felony convictions, except for traffic offenses;
  • The Petitioner must submit a sworn Affidavit of their good character, along with 2 sworn character references from non-related persons who are familiar with Petitioner’s reputation within the community;
  • The Petitioner must have successfully completed every condition of his felony sentence, repaid all owed restitution, and may not have any civil judgments against him resulting from restitution that he owes the victim;
  • The Petitioner may not have any pending warrants, orders for arrest, pending criminal charges, and cannot have previously received expungement relief in North Carolina. ON TOP OF ALL THAT, THE TRIAL JUDGE STILL HAS THE DISCRETION TO DENY THE EXPUNGEMENT AFTER A HEARING IN OPEN COURT!

OF COURSE THERE ARE TONS OF EXCEPTIONS, EXCLUSIONS, AND LOOPHOLES SCATTERED THROUGHOUT THESE REQUIREMENTS, which we will discuss here in detail:

THE CRIME TO BE EXPUNGED MUST BE A NON-VIOLENT OFFENSE.

Class A through Class G felonies, along with Class A1 misdemeanors, are not eligible for relief. Any conviction for a crime containing assault as an essential element is not eligible to be expunged. Although opinions differ, the majority view is that the proper offense classification is the classification at the time of the offense.

In other words, the felony one wishes to expunge must be a Class H or Class I felony.

Other crimes, such as those requiring sex offender registration, are also not eligible for expungement. Please contact our office with specific questions as to whether the crime you seek to expunge is eligible for relief.

JUDGES HAVE DISCRETION WHETHER TO GRANT OR DENY THE EXPUNGEMENT PETITION.

The plain language of the law seems to imply that a trial judge, after conducting a hearing on the merits of the Expungement Petition, has a certin level of discretion whether to grant or deny Petitioner’s expungement. Although there are not yet state appellate opinions interpreting this specific language contained in N.C.G.S. 15A-145.5, opinions in neighboring states have overturned expungement denials where the petitioner has demonstrated they have met all conditions for eligibility, and that no further evidence of poor character or bad acts have been introduced to discredit the Petitioner.

MANDATORY WAITING PERIOD BETWEEN SENTENCE COMPLETION OF PETITION FILING

Before filing an Expungement Petition, 10 years must have elapsed, beginning with whichever of these two dates occured later:

  1. The date of conviction; or

  2. The date that any imposed sentence was completed, including service of any active jail time, period of probation, or post-release supervision.

Oftentimes, I hear clients (or potential clients) complain about the mandatory 10 year waiting period required before filing their North Carolina Expungement Petition. I usually take that opportunity to remind them of 2 important facts:

First, North Carolina’s Expungement laws, particularly N.C.G.S. 15A-145.5, which allows people to expunge both Misdemeanor and Felony convictions that occurred at any age, are reletively progressive compared to other states. Ten states have no general sealing or expunging procedure in place for adult convictions whatsoever, including:

  • Alabama
  • Alaska
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Virginia
  • Virginia
  • Wisconsin
  • The Federal Judiciary

While these states occasionally use different mechanisms to achieve similiar results, such as pardons, or deferred adjudications, they offer nowhere near the relief granted under the North Carolina Expungement statutes. And although it’s not perfect, and there is always room for improvement, We are certainly fortunate for the relief that North Carolina law does provide.

Second, when N.C.G.S. 15A-145.4 was codified in 2011, the legislature intended it to only allow expungements for felony convictions that occured before a Petitioner’s 18th birthday. In 2012, the following year, the law was expanded (N.C.G.S. 15A-145.5) to allow the expungement of a single felony conviction, regardless of how old the petitioner was at the time of the offense. Initially, the mandatory waiting period was 15 years, not 10. It wasn’t until 2017 that the General Assembly again modified the Felony Expungement statute, reducing the mandatory waiting period down from 15 years to 10 years.

NO PRIOR CRIMINAL CONVICTIONS ALLOWED

IN ORDER TO EXPUNGE AN ADULT FELONY CONVICTION, THE PETITIONER MAY NOT HAVE MISDEMEANOR OR FELONY CONVICTIONS THAT OCCURED PRIOR TO THE OFFENSE THEY SEEK TO EXPUNGE. There is, however, an exception to the “no-prior-conviction” condition which allows conviction of traffic offenses that occured prior to the offense that the Petitioner now seeks to expunge. The term “Traffic Offenses,” although not expressly defined elsewhere in the statutes, or even addressed by appellate decisions, has been interpreted on a widespread basis as referring to Chapter 20 offenses, including Driving While Impaired (DWI).

The University of North Carolina’s School of Government has an excellent article on the subject, where the author assesses the likely intent of the General Assembly in their inclusion, yet lack of definition, of “Traffic Offenses.” The author says:

“Some Chapter 20 violations do not involve traffic matters in the customary sense, and some statutes in other chapters could be considered as involving traffic matters, but it seems unlikely that the General Assembly intended for the courts to engage in a statute-by-statute and case-by-case determination of whether an offense is or is not a traffic violation. In light of the volume of expunction requests received by the courts each year, the General Assembly more likely intended the practical approach of using Chapter 20 as the source for traffic violations.

Second, in the context of North Carolina’s relief statutes, the term “traffic violation” refers to crimes, not infractions….

Third, the wording of the relief statutes suggests that, when used, the term “traffic violation” refers to misdemeanors, not felonies.”

To summarize: a conviction for Driving While Impaired that occurred prior to the offense of the crime that the Petitioner now seeks to expunge will not disqualify and preclude Expungement, a prior conviction for any misdemeanor or felony codified outside of Chapter 20 of the North Carolina General Statutes is a disqualifier and precludes expungement of an adult felony conviction in North Carolina.

PETITIONER'S SWORN AFFIDAVIT OF GOOD CHARACTER

Petitioner’s Affidavit, which should be filed at the same time as the Expungement Petition, must be sworn and notarized under oath, and subject to penalty of perjury. It goes without saying that should the Petitioner lie about any of the statements that must be contained within the Affidavit, relief will certainly be denied. Petitioner’s Affifavit must include the following:

  • A statement that the Petitioner has had good moral character since the date of the conviction for the offense they seek to expunge;

  • That the Petitioner has had no other conviction, other than for a traffic offense, since the date of the conviction for the offense they seek to expunge;

  • A statement that the enclosed Expungement Petition is a Motion in the underlying cause;

  • That Petitioner has satisfied any
    restitution order, and that no outstanding restitution order exists.

PETITIONER MUST INCLUDE TWO ADDITIONAL CHARACTER REFERENCES

In addition to the Petitioner’s own personal Affidavit, 2 additional affidavits from character references familiar with the character and reputation of the Petitioner within the community must also be included. These character Affidavits must be sworn under oath and notarized, subject to penalty of perjury for any false statements.

The character references cannot be related to one another, nor can they be related in any way to the Petitioner. Ideally, character references should be intimately familiar with the Petitioner; they should have known the Petitioner for several years; they should be close enough to the Petitioner that if the Petitioner had committed a bad act serious enough to damage his reputation within his community, they would certainly have heard of it.

Although the Character Affidavits need not be lengthy, they should, at a minimum, include the following:

  • A statement that the Affiant is a personal acquaintance of the Defendant in the above-captioned matter;

  • A statement that the purpose of this Affidavit is to support Defendant’s petition to expunge a felony conviction from their criminal record;

  • A statement affirming that they are neither related by blood or marriage to the Defendant, nor are they related to the other Affiant in this matter. They should include the name of the other Affiant;

  • The length of time they have known the Defendant;

  • A statement affirming that the Affiant lives in the same community as the Defendant, and that they are familiar with the Defendant’s character and reputation within that same community.

  • A Statement asserting that within the community in which the Defendant and the Affiant both live, Defendant’s character and reputation in the community are both good.

Generally speaking, the longer the Affiant and Petitioner have known one another, the closer the relationship between the Affiant and Petitioner, and more familiar with Affiant is with the Petitioner and his reputation, the better. The Affidavit should be dated, signed, notarized, and included along with the Expungement Petition.

NO SUBSEQUENT CRIMINAL CONVICTIONS ALLOWED

TO EXPUNGE AN ADULT FELONY CONVICTION, THE PETITIONER MAY NOT HAVE ANY MISDEMEANONR OR FELONY CONVICTIONS THAT OCCURRED SUBSEQUENT TO THE OFFENSE THEY SEEK TO EXPUNGE. Almost identical to the “no-prior-conviction” requirement, is a “no-subsequent-conviction” requirement. Again, the law excludes traffic offenses as bars to relief. And once again, conviction of a Driving While Impaired offense is, for purposes of Expungement, considered a “Traffic Offense,” and will not preclude the Petitioner from obtaining an Expungement.

The more interesting legal questions concerning prior and subsequent convictions barring expungement relief deal with multiple convictions resulting from the same offense, or occuring withing the same session of court. The general rule is that multiple convictions may be treated as one conviction ONLY if:

  • Convictions occurred in the same session of court; and

  • None of the offenses are alleged to have occurred after the Petitioner had already been charged with any of the offenses resulting in conviction.

District Court sessions typically last one day, and Superior Court sessions generally last either one or two weeks at a time.

NO OUTSTANDING WARRANTS OR PENDING CRIMINAL CASES ALLOWED

At the time of filing, a person seeking to expunge a North Carolina felony conviction may not have any outstanding warrants, or orders for arrest. This not only includes North Carolina arrest warrants, but warrants from any jurisdiction or state in the nation.

Pending Misdemeanor or Felony charges in any state also preclude filing an Expungement Petition, although as we’ve seen before, traffic offenses are excluded from this filing requirement yet again.

PETITIONER MUST HAVE SATISFIED ALL FINANCIAL CONDITIONS OF THE JUDGMENT HE SEEKS TO EXPUNGE

At the time the Petition is filed, the Petitioner is required to have satisfied all financial obligations resulting from his felony conviction. This includes payment of all restitution owed, all court costs, fines, and probation fees. Additionally, there may not be any civil judgment orders resulting from unpaid restitution, or failures to comply with any of the trial judge’s sentencing orders. 

PETITIONER MUST HAVE NO PRIOR EXPUNGEMENTS (WITH EXCEPTIONS)

The general rule is that the Petitioner may only obtain one expungement in North Carolina; if the Petitioner has already successfully expunged a previous charge or conviction, pursuant to one of the five statutes listed below, then they are not eligible for relief under N.C.G.S. 15A-145.5. 

A Petitioner is barred from relief under N.C.G.S. 15A-145.5 if they have successfully obtained an Expungement under any of the following statutes:

  • N.C.G.S. 15A-145 (Misdemeanor convictions for persons under age 18);

  • N.C.G.S. 15A-145.1 (Gang Offenses for persons under age 18);
  • N.C.G.S. 15A-145.2 (Dismissed Drug Charges or Convictions for persons less than 22 at the time of the Offense);
  • N.C.G.S. 15A-145.2 (Dismissed Drug Charges or Convictions for persons less than 22 at the time of the Offense);
  • N.C.G.S. 15A-145.4 (Expunction of Felony Conviction for Persons less than 18 at the time of the Offense).

However, a major loophole does exist: Petitioners may file as many expungements as necessary concerning Voluntarily Dismissed charges, Deferred Dismissals, Charges resulting in Not Guilty Verdicts, certain Prostitution Offenses, Identity Theft Cases, and Pardons of Innocence granted by the Governor (N.C.G.S. 15A-146 through 15A-149). 

DOCUMENTS REQUIRED WHEN FILING NORTH CAROLINA FELONY EXPUNGEMENT PETITIONS

  1. Form AOC-CR-281;

  2. Petitioner’s Affidavit;

  3. Two Character Affidavits;

  4. A certified check or money order in the amount of $175 made payable to the Clerk of Court;

  5. One copy of the Petition and included documents must be filed with the Clerk of Court in the County where the felony conviction occurred; and

  6. One copy of the Petition, the included documents, and a Certificate of Service must be filed with the District Attorney’s Office in the County where the felony conviction occurred.
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NORTH CAROLINA’S DRUGGED DRIVING LAW

Drugged Driving – or Drug DWI – is a form of “Impaired Driving,” under N.C.G.S. 20-138.1. This is the same law that the State uses to convict drunk drivers. In other words, the same law governs drunk driving and drugged driving.

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NC DWI LAW – DEFINING “DRIVING”

As always, we begin our analysis by reviewing the relevant law, N.C.G.S. 20-138.1: “A person commits the offense of Impaired Driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state: While under

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Serious cases require serious representation.

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FLETCHER LEGAL, PLLC is a Charlotte based law practice dedicated to helping people navigate both the judicial process, and life’s most difficult moments. 

I FIRMLY BELIEVE:

• RESULTS SPEAK BEST FOR THEMSELVES. When we consistently deliver the very best results, current clients consistently refer new business.

• RELATIONSHIPS ARE KEY; I only accept clients I want to work with, in matters where I add value. Each client has my personal cell phone number, as legal emergencies rarely occur during business hours. 

• TECHNOLOGY, PROPERLY ADMINISTERED, TOTALLY CHANGES THE GAME. In capable hands, technology levels the playing field with BigLaw; it reduces costs and expense; and it expands the availability of legal services to demographics traditionally under served.While this is undoubtedly a social good, the legal profession has historically been slow to react, and even slower adopting new technology.

I am not a General Practitioner; This is not a full service law firm. We are especially particular about who we work with.

CASES WE ACCEPT. Whether you’re facing serious felony accusations, demonstrating for a just cause, or simply trying to clean up the past, my team and I are here to help. We do not accept every case or client; we’re very particular about who we choose to work with, and only accept cases that we believe we can win, or where we can genuinely add value.

WE GO WHERE WE’RE NEEDED. We stick to what we’re good at, continually pushing the envelope, and streamlining process steps. We go where we’re needed, across all 100 North Carolina Counties. And, we always set our clients up for the best possible outcome.

CRIMINAL DEFENSE

Misdemeanor, Felony, Impaired Driving (DWI / DUI) Charges, Drug Crimes & Driver License Restorations.

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CRIMINAL DEFENSE

Misdemeanor, Felony, Impaired Driving (DWI / DUI) Charges, Drug Crimes & Driver License Restorations.

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FLETCHER LEGAL | PAYMENT GATEWAY

Credit Card Payment - One Time

CARDHOLDER NAME & ADDRESS

First Name
Last Name
Email Address
Address
Address
Street Address
Apartment, Suite, or P.O. Box
City
State/Province
Zip/Postal

PAYMENT AMOUNT AND CREDIT CARD

Amount
Client's Last Name
Client's Email
Credit Card