Albuquerque Expungement Lawyers
Albuquerque Expungement Attorneys Can Help Set Your Life Back on Track
If you are a resident of New Mexico who has been involved with the criminal justice system, you have likely spent your time since your arrest trying to move your life forward, despite your history constantly coming back to haunt you. Even in the absence of a conviction, a criminal arrest leaves a record that follows you wherever you go, sometimes holding you back from achieving your greatest dreams. Don’t waste your time. Seek help from a proven New Mexico expungement attorney.
Up until this past January 2020, there was not a lot that you could do about it. In many cases, once you were arrested, you had to “sweat” every job application you put in – quite literally – for the rest of your life. But now that has changed. Not for everyone; there are still some charges that cannot be expunged. However, the vast majority of crimes will now be eligible for expungement.
The Criminal Record Expungement Act
The name of the new law, enacted in January, is The Criminal Record Expungement Act (CREA). The first thing to know is that certain cases are not included in this act. In other words, if your arrest was for any of the following, then you are not eligible for expungement under the CREA:
- A crime involving violence and bodily harm or death to another
- Driving under the influence of drugs or alcohol
- A sexual crime
- A crime against a child
- Embezzlement
So if your arrest was for any of the above categories, then the CREA does not apply to you and you will not likely get your case expunged. Now let’s look at what the CREA actually does.
Non-Conviction Cases
In cases where the accused was never convicted, the arrest record can now be sealed (expunged) in its entirety with only a few exceptions. So if your case was dismissed, if you participated in a diversion program that ended in a dismissal of the charges, or if you went to trial and were acquitted, the chances are quite good that you can get an expungement in Albuquerque, New Mexico. However, there is a one year waiting period before you can petition the court to expunge the record. During that year, you must remain arrest-free and must not have a criminal case pending. If you have questions, do not hesitate to ask help from the knowledgeable Albuquerque expungement lawyers at New Mexico Criminal Law Offices.
Conviction Cases
Most surprising, the CREA also allows you to get convictions expunged from your record. So if you entered a plea of guilty or went to trial and were convicted, you are allowed to expunge your record as long as your charges do not fall within the category of exceptions listed above.
You will have to be patient, however, because the amount of time that you must wait before asking the court to seal your record varies according to the criminal charge. And remember that, during this waiting period, you must remain arrest-free in order to successfully petition the court to expunge your record. Here is a rundown of the time required based on the seriousness of the offense:
- Non-Convictions: From the date of disposition, the defendant must wait one year
- Municipal Ordinance Violations: 2 years (All of these refer to the amount of time one must wait and be arrest-free, counting from the completion of their sentence.)
- Misdemeanor Conviction (except crimes against household members): 2 years
- Misdemeanor Aggravated Battery Conviction: 4 years
- 4th Degree Felony Conviction: 4 years
- 3rd Degree Felony Conviction: 6 years
- 2nd Degree Felony Conviction: 8 years
- 1st Degree Felony Conviction: 10 years
- Any crime against a household member: 10 years
Other Considerations
When the judge is considering whether or not to grant your petition for expungement, they are being asked to consider whether “justice will be served by an order to expunge.” They are asked to make this determination based on the following criteria:
- The type of charge for which the petitioner was convicted – its nature and severity;
- The petitioner’s criminal history and age;
- The petitioners work history;
- The length of time since the offense occurred, and the time since the sentence was completed;
- Will the petitioner suffer any ill effects or consequences if the petition is denied, and what are the nature and gravity of those effects; and
- The court will consider any additional arguments for denial of expungement from the prosecution prior to making a determination.
Speak with an Expungement Attorney Today
To get started, schedule a free case evaluation with the attorneys at New Mexico Criminal Law Office. Our trusted Albuquerque expungement attorneys have helped countless defendants just like you fight against the ongoing oppressive effects of having a criminal record. A mistake should not permanently alter your life, and we all deserve a second chance. But you can only get that chance if you use a compassionate New Mexico expungement lawyer who has the experience to successfully guide you through this legal process. The attorneys at the New Mexico Criminal Law Offices have all the knowledge and drive necessary to ensure that your rights are upheld. So call us today, or contact us online to set up your consultation.
Ken and Jack proved to be diligent, ethical and hard working. They achieved our goals and were dedicated to my case. I would highly recommend Ken and Jack.
Highly recommend. Ken Gleria lived up to his excellent reputation. He proved to be completely honest with me and had my best interest at heart. Case dismissed in 4 months. He initially told me it would be about 6 months. Colleagues and staff outstanding as well. Will trust him again if the occasion should ever arise (hopefully not).
I unhesitatingly recommend this firm.Their knowledge of the law resulted in the dismissal of my case.In every instance they were there for me in communicating the status of my case, my calls were promptly returned, and Jackie, the paralegal, was very helpful. You will be in good hands.
Jack & his legal team are outstanding! Being a single mother, fighting for her fathers freedom, the front desk personally helped by watching my son as Jack & I sorted out legal matters. Jack went above & beyond to ensure paperwork was submitted in a timely manner, even if it meant traveling numerous miles to various court houses. Jack is highly educated and impressive in the courtroom. Jack remained patient as our family struggled to understand New Mexico’s broken law system. This year Jack has given us the greatest gift of them all, my father is home celebrating the holidays with his family. I would highly recommend Jack & his team for all of your criminal law needs.
