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Expungement in New Mexico

Expungement in New MexicoAn arrest on your record can make finding a job, housing, or even educational opportunities difficult. If you’re looking for a fresh start, expungement could be your solution. Whether you made a mistake in the past or were wrongfully accused, clearing your record can open doors to new opportunities.

The knowledgeable criminal defense attorneys of New Mexico Criminal Law Offices explain expungement in New Mexico, the relevant laws, and why working with an experienced expungement attorney is crucial.

What Is Expungement?

Expungement is a vital legal process that enables individuals to have certain criminal records sealed or erased. This removes the records from public view and provides a clean slate. In New Mexico, expungement can restore a person’s reputation and improve their ability to secure employment, housing, and educational opportunities.

New Mexico Expungement Laws 

In 2019, New Mexico enacted the Criminal Record Expungement Act (CREA), which allows for the expungement of specific criminal records. Under this law, individuals can petition for the expungement of records related to:

  • Non-conviction records. Arrests that did not lead to charges, dismissed charges, or acquittals.
  • Convictions for certain crimes. Eligibility depends on the offense and the time elapsed since completing the sentence.

To be eligible for expungement, you must meet specific criteria, such as having no pending charges and fulfilling all terms of your sentence. Waiting periods range from two to ten years, depending on the nature of the offense, starting from the last date you completed a sentence for a conviction in any jurisdiction.

What Convictions Cannot Be Expunged?

Particular felony and misdemeanor offenses are ineligible for expungement, including:

  • Crimes involving children,
  • Offenses causing great bodily harm or death,
  • Sexual offenses,
  • Embezzlement, and
  • Driving under the influence of alcohol or drugs.

Non-violent offenses, such as certain drug possession charges, and cases where charges were dismissed or resulted in acquittal, may be eligible for expungement. Notably, there is an automatic case record expungement for cannabis (marijuana) or cannabis paraphernalia charges.

The Expungement Process in New Mexico

The expungement process in New Mexico involves several steps, each requiring meticulous attention to detail:

  1. Eligibility assessment. Determine if your case qualifies for expungement under New Mexico law.
  2. Petition filing. File a petition for expungement with the appropriate court, including all required documentation and evidence supporting your eligibility.
  3. Notification. Notify the district attorney and other relevant parties about your petition.
  4. Court hearing. You must attend a court hearing where a judge will review your petition and any objections from the district attorney.
  5. Court Decision. If the judge grants the expungement, your record will be sealed, allowing you to legally state that you have not been convicted of the expunged offense.

Given the complexity of this process, having an experienced expungement lawyer is crucial to navigate the legal intricacies and maximize your chances of success.

Why Hire a New Mexico Expungement Lawyer?

While it is possible to file for expungement alone, hiring an expungement lawyer significantly increases your chances of success. A skilled expungement lawyer in New Mexico can help:

  • You understand New Mexico’s expungement laws and provide tailored advice.
  • Gather necessary documents, write compelling petitions, and ensure deadlines are met.
  • Represent and advocate for you in court.

Hiring an expungement attorney can save you time, reduce stress, and prevent costly mistakes, such as missing crucial deadlines or submitting incomplete documentation. With their guidance, you can significantly enhance your chances of successfully expunging your record and starting fresh with a clean slate.

How the New Mexico Criminal Law Offices Can Help

At New Mexico Criminal Law Offices, our dedicated and experienced team has a proven track record of successfully handling expungement cases. Our firm stands out due to our:

  • Comprehensive legal expertise. We focus on criminal defense and expungement, ensuring you receive knowledgeable and focused representation.
  • Personalized approach. We understand that every case is unique. Our attorneys take the time to understand your situation and tailor their strategy accordingly.
  • Commitment to success. Our clients’ success stories serve as evidence of our dedication and expertise. We strive to achieve the best possible outcomes, helping clients reclaim their lives and move forward confidently.

If you’re eager to clear your record and start anew, contact the dedicated and experienced team at New Mexico Criminal Law Offices. Our unique combination of expertise, personalized approach, and dedication to success makes us the perfect partner for your journey to a fresh start.

We work relentlessly to ensure your case is handled with the utmost care and attention to detail. With our proven track record of success, you can trust that we will fight for the best possible outcome for your situation.

Contact us today to schedule a consultation and take the first step toward a brighter future.