On Wednesday, June 3, 2020, House Bill 1189 which was introduced on May 26, 2020, passed the 3rd Reading in the North Carolina House of Representatives.  It received 107 Ayes and only 13 Noes.  If approved by the Senate, the bill would receive the signature of Governor Roy Cooper, and then go into effect at the beginning on July 1, 2020.

Level 2 Teen Drivers would still have to provide proof of financial responsibility or proof of insurance by providing a Form DL123 to the North Carolina Department of Transportation (NCDOT), but “the Division of Motor Vehicles shall waive the requirement that an applicant pass a road test in order to obtain a limited provisional license if the applicant meets all other requirements for the limited provisional license.”

Once the NCDOT resumes regularly scheduled road tests again, or 180 days from the effective date of this bill, whichever comes first, the road test waiver will end.

By Jana H. Collins

As Memorial Day approaches in the Wilmington, NC area, the usual excitement and preparation for a holiday weekend has been replaced by uncertainty and frustration.

Wilmington mayor Bill Saffo announced on Friday morning that there will be several changes effective at 5:00 p.m. on May 22, for the phase 2 of reopening our economy. One change is the maximum capacity for hotels and motels was raised from 25% to 50%. Some restaurants and salons will be allowed to reopen with restrictions and limited capacity, but bars and breweries are still not allowed to reopen with this Phase 2.

In addition, Wrightsville Beach has lifted all short-term rental restrictions, beaches will be open to all activities, and more parking will be available at certain access points. On-street parking will remain closed to the public.

At Topsail Beach, there has also been restrictions lifted to allow activities and recreation on the beach, and some parking will be available. However, beachgoers are required to comply with regulations that are still in place, restricting groups of more than 10 people, and to maintain a minimum of six feet distance between you and other visitors.

In Carolina Beach specifically, Mayor LeAnn Pierce has amended the State of Emergency Declaration, allowing certain restaurants with private, off-road parking lots to use up to 25% of their parking lot to accommodate outdoor dining.

Other beaches, such as Kure, Ocean Isle, Holden, and Surf City, may also have their own specific guidelines, so make sure to research the restrictions before visiting one of our beautiful beaches over this Memorial Day Weekend.

We hope it will not become necessary, but if you or your loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We also handle wills and estates with our of counsel attorney, Mitch Baker.  

By Karen M. Thompson, Paralegal

In general, but especially in times of a pandemic as we are currently experiencing, it is important to plan ahead and get prepared.

For the scenario that you become unable to make health care decisions on your own, you can appoint an agent in a healthcare power of attorney. That agent would then make decision for you as outlined in the healthcare power of attorney. 

If you become disabled beyond a reasonable expectation of recovery and are unable to communicate your own choices, you can give instructions for the future to withhold or withdraw life-prolonging measures by signing a living will. 

Both forms of advance directives can be amended or revoked at any time.

You should also think about how you want your property or estate to be disposed.   In situations in which the deceased did not dispose of their property or estate by a valid will, such property and estate will be disposed pursuant to the intestate succession laws. Which state’s intestacy laws apply is determined by the deceased’s domicile at the time of their passing and by the type of property that belongs to the estate. North Carolina intestate succession laws are laid out in Chapter 29 of the North Carolina General Statutes.

If you create a will, often referred to as “last will and testament,” you can make a legal declaration of your wishes regarding the disposal of your property or estate after your death.  In North Carolina, wills are governed by Chapter 31 of the General Statues.

While you have a choice whether to have a will or not, the legal benefits of having a will are significant.  Therefore, it is important that you are well informed of the intestate succession laws applicable to your estate, and, if these laws do not reflect your wishes regarding the disposal of your property or estate upon your death, you should create their own will.

If you or a loved one needs help with a living will, a healthcare power of attorney, will, or estate in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000.  As members of our community, we believe that our neighbors deserve quality representation when it comes time to create or update wills, or advance directives.  And, as practitioners of the law, we are obligated by law, tradition, and ethics, to provide you with honest advice and guidance while protecting your confidential information.

By Jana H. Collins

Due to the COVID-19 pandemic, there were more than 20.5 million jobs lost in April of 2020 in the United States, according to the Labor Department. The unemployment rate in the United States fell from approximately 3.5% in February of this year, to a whopping 14.7% by the end of April. The New York Times reports that 78.3% of Americans who lost their jobs in April of 2020 categorized their job loss as a temporary layoff, and 11% said their job loss was permanent.

Times like these, where unemployment and uncertainty are high, individuals with a criminal record can have a difficult time finding new employment. Even old charges, if they were not expunged, will still show up on a background check. It is more important now than ever to have a clean record when looking for a new job. The sooner you pursue an expunction of your record, the sooner you can have a clean record. Not only will your clean record be more pleasing to potential employers, but you will have a weight lifted off your shoulders for having your charges expunged.

Expungement is a legal action in which the petitioner or plaintiff seeks that the court destroys or seals prior criminal convictions from Federal or State official records. Until December 1, 2017, an individual could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria. Without an expungement, criminal charges remain on one’s record even when there is no conviction.

David Collins has been handling scores of expunctions for over two decades in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility. 

By Karen M. Thompson, Paralegal

As the unemployment rate in the United States continues to climb – at 4.4% as of the end of March 2020 – individuals across the country have been stranded without jobs or money to pay their bills.  For the Americans that were already living paycheck to paycheck, this COVID-19 pandemic has caused extreme stress, confusion, and panic when it comes to figuring out how they will pay their next bill. 

For some individuals with a criminal record, the search for a new job can be difficult.  Past criminal charges, even old charges, can haunt you when it comes to major life decisions and changes.  It is more important now than it ever has been, to have a clean record when searching for new employment.  The sooner you get an expunction started, the sooner your record will be more appealing to prospective employers.

Expungement is a legal action in which the petitioner or plaintiff seeks that the court destroys or seals prior criminal convictions from Federal or State official records. Until December 1, 2017, an individual could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria. Without an expungement, criminal charges remain on one’s record even when there is no conviction.

Mr. Collins has been handling scores of expunctions for over two decades in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility. 

By Karen M. Thompson, Paralegal

For a child, Easter can mean fancy attire, hunting for Easter eggs, and lots of candy.  The hunt to find the best egg with the biggest prize was something to wake up to excited about Easter Sunday.  Now, as an adult, we tend to appreciate holidays and their meanings a little more, and sometimes wonder why or how holidays are celebrated. 

Easter always occurs on the first Sunday after the Paschal Full Moon, according to The Old Farmer’s Almanac. The Paschal Full Moon is the first full Moon that occurs after the vernal equinox, which signifies the beginning of spring in the northern hemisphere.  This date is to make sure that it is always after the Jewish holiday Passover because you cannot have his death and resurrection celebrations occur before his last supper which was on Passover. 

While the current pandemic has forced us to change or postpone any Easter plans with large gatherings of people, there is still good news out there.  The term “green shoots” describes any positive sign of economic recovery during a downturn.  Referencing the new growth and recovery of a plant, the term first gained popularity back in 1991 when Chancellor Norman Lamont used it to describe indications of economic recovery in the United Kingdom.  Almost 20 years later, U.S. Federal Reserve Chairman Ben Bernanke used the term in a 2009 interview about the financial crisis. 

Although there are people all over the world who are suffering, whether it be from sickness, loss of their job, or the stress of everything going on around them, there are small signs of recovery happening around us.  For instance, two U.S. companies, BD and BioMedomics, have recently launched a rapid antibody test for COVID-19, which will be able to tell who was infected with the virus, and has since recovered.  An antibody test is great news because it will be able to help scientists develop a vaccine, and also help them figure out who has immunity for future infection of the virus, if at all.  Hopefully the tests will be ready for public use within a few months. 

Another “green shoot” example would be the expectation of pent-up demand to pump the economy back up after people have been isolating in their homes for so long.  There could be periods of overspending by individuals at restaurants and non-essential retailers who sell clothing, cosmetics, and home goods.  This is a good indication that our economy will be able to recover after a period of unease and difficulty. 

Stay safe and healthy, and have a Happy Easter!

By Karen M. Thompson, Paralegal

Expungement is a legal action in which the petitioner or plaintiff seeks that the court seals or destroys prior criminal convictions from State or Federal official records. Until December 1, 2017, a person could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria. Without an expungement, criminal charges remain on one’s record even when there is no conviction.

At this time, expunctions are taking anywhere from about six months to one year.  However, the expected time frame for an expunction may be affected by the current COVID-19 pandemic. 

When considering an expungement, you should be aware of the fact that criminal records collected by private entities, including but not limited to online news sites, may still show indications of the charges after they are expunged. The reason for that is that those private entities may collect records between the time the criminal charge is issued and the time it is expunged. Therefore, it is a good idea to proceed with an expungement as soon as possible to decrease the chance that private companies collect their information which they may keep forever.

Chapter 15A of the North Carolina General Statutes (N.C.G.S.) provides for some private entities to remove expunged records from their data bases after an order of expunction is entered. N.C.G.S. §15A-150 states: A state agency [receiving notice of an expungement shall notify any private entity with which it has a licensing agreement for bulk extracts of data from [a state] agency criminal record database to delete the record in question. N.C.G.S. §15A-152 states that: A private entity that holds itself out as being in the business of compiling and disseminating criminal history record information for compensation shall destroy and shall not disseminate any information in the possession of the entity with respect to which the entity has received a notice to delete the record in question. It also provides for civil liability for failure to do so with a certain time period. N.C.G.S. §15A-153 provides that: Employers, educational institutions, State or Local Government Agencies, Officials, and Employees shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or criminal conviction of the applicant that has been expunged and shall not knowingly and willingly inquire about any arrest, charge, or conviction that they know to have been expunged. An applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning arrests, charges, or convictions that have been expunged.

Also, even though expungement statutes prohibit prosecution for perjury for failing to acknowledge the charges which were expunged, it would be untrue to deny the fact that one was charged, even though the statutes apparently intend to allow for an individual to deny the fact that the arrest, charges, and other criminal proceedings occurred. Even with the protections of the statutes, there are many ways in which information about the expunged criminal matter can be discovered, and people should consider the individual circumstances and the exact wording of any questions in applications when deciding exactly how to respond.

Mr. Collins has been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility.  

By Karen M. Thompson, Paralegal

Today, April 5, 2020, is Palm Sunday, also called Passion Sunday, and it is the first day of the Holy Week.  Palm Sunday serves as memorial of Jesus’s triumphant entry into Jerusalem.  Palm branches, which in ancient times symbolized goodness and victory, were placed in Jesus’ path when he rode into Jerusalem on a donkey. 

The observance of Palm Sunday dates back to the late 3rd century when people traveled Jerusalem and visited many of the holy sites within the town, sang hymns, prayed, and read the Bible.  When they arrived at the place where Jesus ascended into heaven, they recited the Bible Story of the Ascension of Jesus. 

In the Western World however, the earliest evidence of the observance of Palm Sunday can be found in the 8^th century in the Bobbio Missal, a Christian liturgical codex that most likely originated in France. During the Middle Ages, the ritual observances and procedures performed for the blessings of the palms were grand. After reforms of the Roman Catholic Church in the mid-20^th century, the ceremonies were simplified and the focus was directed more toward the suffering and death of Jesus.

This year however, the commemoration of Palm Sunday is very different because due to the pending COVID-19 pandemic, our churches are closed and people are prohibited from gathering for any purpose.  Congregations in Southeastern North Carolina, in New Hanover, Pender, and Brunswick Counties, turn to social media and virtual platforms like Zoom, they share devotions, and post pictures of arts and crafts which they created in celebration of Palm Sunday.

By Jana H. Collins

There was a record-breaking $2 trillion stimulus that was passed last week by the U.S. Government, in an effort to provide relief to Americans who have been laid off, or have suffered income loss due to the COVID-19 pandemic.  Among the $2 trillion, $350 billion will be used for small business loans, $250 billion to be distributed for unemployment insurance benefits and $500 billion in loans for distressed companies. 

The North Carolina Division of Employment Security has amended the eligibility requirements for filing for unemployment during this time of crisis.  For example, independent contractors and self-employed individuals would normally not be eligible for unemployment benefits, but they may qualify for federal Pandemic Unemployment Assistance as a result of COVID-19.  In addition, the usual weekly requirements for Unemployment Insurance have been modified for people to still be able to claim benefits while still being employed. 

There have been multiple photos shared around social media of usually-busy tourist destinations that are now deserted because of the virus and the global quarantining that is happening because of it.  There is less traveling going on, which in turn means less air pollution.  In Venice, the famous canals that are usually murky have turned clear enough to see the fish because of the lack of traveling and tourists in the area, and less traffic along the canals have allowed the sediment to settle at the bottom.  

In other positive news, actor John Krasinski has started a series called Some Good News, where he discusses news-style stories in his home office of happy news shared from around the world. 

By Karen M. Thompson, Paralegal

As of Wednesday, April 1, New Hanover County has 34 confirmed cases of COVID-19.  Some good news, among all of the negative, is that there is a new rapid response test made by Abbott.  Since receiving emergency-use authorization, Abbott has been kicking production into high gear, in order to deliver 50,000 ID NOW COVID-19 tests per day to small doctor’s offices and healthcare sites throughout the United States beginning next week.

Also, Governor Roy Cooper issued another Executive Order on March 31, 2020, that prohibits utility companies from disconnecting services to customers who are unable to pay their bills for the next 60 days.  The order also directs utility companies to give residential customers at least 6 months to pay their outstanding balance, with no threat of fees, penalties, or interest for late payment.  Governor Cooper also urges North Carolina -licensed or -regulated banks not to charge for overdraft fees, late fees or any other penalties in this time of crisis.  The NC Department of Revenue also announced tax relief measures today, relieving taxpayers of penalties for late filing. 

Apart from the assistance offered to citizens with respect to their utility bills, bank fees, and taxes, there is also a strong sense of community being formed and upheld here in New Hanover County.  There have been stories of caravans of teachers who parade by their student’s houses with decorated cars to let them know they are missed, groups of volunteers are passing out food and other essentials to older people or individuals who are more at risk of catching the virus, and there are several stations set up around the County where people can pick up free breakfast and lunch for underprivileged students. 

Stay safe, everyone! 

By Karen M. Thompson, Paralegal