Even though the 2020 holiday season is in full swing, it certainly has a different feel to it this year. As a result of COVID-19, there has been a worldwide shift in how people are celebrating. Less people are expected to travel, and when they do, the typical holiday parties and gatherings are being adjusted or rescheduled to accommodate guidelines by the Center for Disease Control and Prevention (CDC). According to Forbes, Christmas travel in the United States is being anticipated to drop quite a bit from 2019. 61% less people were screened by Transportation Security Administration (TSA) this year on the Sunday after Thanksgiving, than on the same day in 2019.

With respect to how to safely gather for the holidays with your family, the CDC recommends that the safest bet is staying home, of course. However, if you will be gathering with family, the CDC recommends that you try to gather outdoors if possible, and try to keep at least 6 feet apart between people who do not share the same household. Rather than having a buffet style meal where everyone gathers around the food at once, another option could be to prepare plates ahead of time with disposable utensils, so that guests can get their food one by one and go back to their seats.

Law enforcement has their work cut out for them for this holiday season. Not only do they normally have to work tirelessly through the holidays to keep us safe, but this year is exceptionally tough due to COVID-19 and the restrictions imposed on us, and the lack of guidelines regarding the enforcement of same.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury or wrongful death matter, 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 handle matters in New Hanover, Pender, and Brunswick Counties. If you have court in Brunswick County, the Courthouse is located in Bolivia, North Carolina, and includes Sunset Beach, Holden Beach, and Ocean Isle Beach. If you receive a ticket in Topsail Beach or Surf City, you will need to go to the Pender County Courthouse, which is located in Burgaw, North Carolina. If you get a ticket in Wrightsville Beach, Wilmington Beach, Carolina Beach, or Kure Beach, you will have court in New Hanover County, which is located in downtown Wilmington, North Carolina. We also handle wills, caveats, and estate litigations with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

Governor Roy Cooper announced this Wednesday that North Carolina will remain in Phase 3 of reopening for another 3 weeks, due to the increased number of COVID-19 cases in our State.

Starting this Friday, December 11, 2020, Executive Order 181 will require people to stay at home between the hours of 10:00 p.m. and 5:00 a.m. Sales of alcohol on-site at restaurants and bars will stop at 9:00 p.m., and the restaurants and bars must close by 10:00 p.m. This modification of the stay-at-home order is to try to prevent people from gathering in bars and restaurants unnecessarily.

Phase 3 began on October 2, 2020, putting limits on times that alcohol can be purchased, and limits on how many people can be gathered together at one time indoors.

New Hanover County was one of 36 counties that received a letter from the North Carolina health department, urging everyone to follow guidelines extra cautiously, due 300 or more spikes in cases over the past 14 days in these 36 counties.

In addition, the Chief Justice intends to issue an emergency directive postponing non-essential, in-person court proceedings for 30 days, beginning Monday, December 14, 2020.

In more positive news, there are 11 hospitals and healthcare facilities in North Carolina that will receive the first doses of a COVID-19 vaccine hopefully by mid-December, if one is approved. The initial supply of vaccines is intended to go to these healthcare facilities to vaccinate nurses and other health care workers who are at high risk of exposure to COVID-19.

State and public health officials will continue to keep an eye on COVID-19 trends over the next several weeks to discuss if additional restrictions need to be put in place.

As Christmas 2020 approaches, we hope it will not become necessary, but if you or a 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 handle matters in New Hanover, Pender, and Brunswick Counties. If you have court in Brunswick County, the Courthouse is located in Bolivia, North Carolina. The New Hanover County Courthouse is located in Wilmington, and the Pender County Courthouse is located in Burgaw, North Carolina. We also handle wills and estates with our of counsel attorney, Mitch Baker. 

By Karen M. Thompson, Paralegal

As Halloween Weekend 2020 approaches, the Governor’s Highway Safety Program’s annual Booze It & Lose It Campaign is in full swing through early next week. The campaign partners with law enforcement across the State to not only enforce traffic laws by setting up sobriety checkpoints in all 100 counties, but to also raise awareness and educate the public on how dangerous it is to drive distracted or impaired.

Since October sets off the holiday season, it is considered one of the deadliest months of the year with respect to traffic accidents, according to the Highway Safety Program. As individuals head out to go to costume parties and trick or treating, there are higher chances for drunk driving and pedestrian accidents.

In addition, this weekend marks the end of Daylight Savings Time in North America, so we get an extra hour to party, eat candy, and watch Halloween movies, but do not forget to turn your clocks back an hour!

Also, as COVID restrictions continue to be enforced, some individuals may wonder how they can celebrate Halloween safely, and with minimal social contact with others who are not in their household. Some creative ideas could be to wear a Halloween face mask to pass out candy, or to make individual candy bags for trick or treaters to pick up on their own. Another idea could be to transform your front yard into a candy graveyard, leaving the candy around a path for kids to collect. There are also printable signs online that you can hang on your door to inform your neighbors that you are safely passing out candy this year.

We hope that everyone has a fun, but safe, Halloween weekend! However, if you find yourself in need of an attorney because you or someone you know has been hurt in an accident, or was charged with a traffic violation or crime in New Hanover, Pender, or Brunswick Counties, call Collins Law Firm at (910) 793-9000 for a confidential consultation about how we can help you.

By Karen M. Thompson, Paralegal

In December 2017, the availability of the expunction (or expungement) process for convictions had been drastically improved by Senate Bill 445.  Now we are looking at yet more changes. On June 25, 2020, Governor Roy Cooper signed Senate Bill 562, a.k.a. The Second Chance Act, which will ease previous requirements, allowing even more individuals with a criminal history to have a chance at clearing their record. While some changes become effective December 1, 2020, the most sweeping changes – the automatic expunction of dismissals or acquittals by operation of law – will not become effective until December 1, 2021.  Below are a few examples of the modifications to the expunction laws that will apply to offenses committed by individuals of at least 18 years of age:

In addition to felonies and misdemeanors, infractions will be eligible for expunction as long as the charges were dismissed or for which a finding of not guilty or not responsible was entered.  Also, it will no longer be required that the person had not previously been convicted of a felony to pursue an expunction for a dismissed or not guilty charge.

Felonies, misdemeanors, or infractions that were dismissed or for which a finding of not guilty or not responsible was entered on or after December 1, 2021, will be automatically expunged by operation of law, not requiring a petition.

Also, pursuant to The Second Chance Act, a person may file a petition for expunction of more than just one nonviolent misdemeanor convictions, but in that case will have to wait seven years rather than only five years in order to do so.

The team at Collins Law Firm 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

North Carolina will enter Phase 3 of easing COVID-19 restrictions, and this new phase will be effective at 5:00 p.m. on Friday, October 2, 2020, lasting until at least October 23, 2020.

Under Executive Order 169, Governor Roy Cooper announced on Wednesday, September 30, 2020, that bars will be able to open for limited outdoor capacity only, and movie theatres, amusement parks, and outdoor venues will also be able to open with 30% capacity, or 100 people, whichever is less. If a bar does not have a visible stated outdoor occupancy, no more than seven guests are allowed for every 1,000 square feet of the outdoor area’s square footage. The statewide 11:00 p.m. alcohol curfew will remain in place until at least October 23, 2020.

All outdoor stadiums that can seat more than 10,000 people will only be allowed to open to 7% capacity. The limits on mass gatherings will remain at 25 people indoors and 50 people outdoors.

Governor Cooper commented on the new phase of reopening, “I believe that North Carolina can do this safely. But so I am clear, every gathering carries the risk of spreading this disease. Being safe means being smart and making sure others around you are doing the same.”

State and public health officials will continue to keep an eye on COVID-19 trends over the next several weeks to discuss if any additional restrictions can be lifted when Executive Order 169 expires October 23, 2020. 

As reopening accelerates, more people will be going to events and drinking with friends at bars, and the chances of getting in serious trouble, or being in an accident with serious injuries will increase significantly. We hope it will not become necessary, but if you or a 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 in New Hanover, Pender, or Brunswick County, 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 the aftermath of Hurricane Isaias, many traffic signals were off due to the loss of power in many areas, and it appeared as if many drivers were unsure about what to do in this situation.  North Carolina General Statute §20-158 (b)(6) provides as follows:

“When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device.”

If you approach a major intersection with multiple lanes of travel, then the vehicle that arrived first has the right of way.  When two vehicles arrive at the same time, then the vehicle to the right has the right of way and gets to proceed first.

Please make sure to be familiar with the laws governing the use of the roads in North Carolina in order to stay safe and avoid violations which could result in fines, driver license and insurance points. 

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins

As the COVID-19 pandemic continues, North Carolina Governor Roy Cooper has announced a “Phase 2.5” of reopening our State set to be effective this Friday, June 12, 2020. This phase could increase restaurants’ maximum seating capacity, and open up bars and gyms with maximum capacity restrictions. This also means that some small business owners will be able to return back to work after all this time of uncertainty.

During these unprecedented times, the unemployment rate in the United States has risen to 13.3% as of the end of May – up from 3.6% in January 2020. As millions of Americans are without employment, they are scrambling to find work to make ends meet and pay their bills.

For those with a criminal record, finding a job can be difficult, and even more so during the times of a pandemic and our economic recovery. It is more important now than ever to have a clean background when searching for employment. Even if you were charged, and the charge was dismissed, the fact that you were charged will remain on your record unless you have it expunged.

An expunction, or 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.

The sooner you get the process started, the sooner your record will be clear, and the sooner you can apply for jobs with confidence. Your record will look more appealing to potential employers, and you will feel better knowing that your record is clear.

David 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

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

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