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Expungement

Expungement

New Mexico recently enacted a new statute to allow certain persons to expunge their criminal records. This can be enormously beneficial when moving on with one’s life. Looking for employment, housing, credit, application to schools are just some of the ways in which a criminal conviction can harm you.

 

We can help you to get this information taken off of the public’s ability to see the negative information. The records will still be available to government agencies and to police and courts, but employers and other civilian persons or businesses would not be able to obtain these records.


People tend to end up needing an expungement in one of several ways: either a conviction for certain non-violent crimes, when you have no other criminal record, or, you were arrested or charged with a  crime but never convicted (charges were dropped), or you were the victim of identity theft. There are different remedies available for each type of case.

 

Some of the timelines to follow are:

 

1. After a conviction: WAITING PERIOD TO FILE, If you have been convicted of a violation of a municipal ordinance, misdemeanor or felony, you may file your petition in the district court after:

 

  • (a) Two years if the petition relates to a conviction for a violation of a municipal ordinance or a misdemeanor not otherwise described in this list;

  • (b) Four years if the petition relates to a misdemeanor conviction for aggravated battery as provided in Subsection B of Section 30-3-5 NMSA 1978 or to a conviction for a fourth degree felony not otherwise described in this list;

  • (c) Six years if the petition relates to a conviction for a third degree felony not otherwise described in this list;

  • (d) Eight years if the petition relates to a conviction for a second degree felony not otherwise described in this list; or

  • (e) Ten years if the petition relates to a first degree felony or for any offense provided in the Crimes Against Household Members Act, Section 30-3-10 through 30-3-18 NMSA 1978.

**For the purposes of determining the time since a criminal conviction, time is measured from the last date on which a person completed a sentence for a conviction in any jurisdiction.

 

2. Arrested or charged but no conviction:

  • In order to have your criminal record expunged, you must have been arrested and released without conviction for a violation of a municipal ordinance, misdemeanor or felony, it has been at least one (1) year since the final disposition in the case, and there are no pending charges or proceedings against you anywhere.

 

3. Identity Theft:

  • You may petition for expungement of criminal public records if you were a victim of identity theft and were wrongly identified in arrest records or public records.

**Bottom line: there are several different types of expungement and different means by which to obtain an expungement.

 

 

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