Why Patscheck Law, P.C.?
Your life shouldn’t be defined by one mistake or blemish in your past. Attorney Patscheck will fight to make that happen. Her insight as a former prosecutor and history of results give you the edge when your future is at stake.
We will listen to your story and help clear your record:
- Free & confidential consultation
- Award-winning legal representation
- Stay in constant contact about your case
- A deep understanding of New Mexico expungement laws
Call now for your free consultation.
Expungements in New Mexico: What to Expect?
The terms record sealing and expungement are often used interchangeably. But they mean different things.
- Sealing your criminal record means that your record will no longer be available to the public. Government officials and police will still be able to view your criminal records.
- Expunging your record is as if the record never existed. This means that when anyone runs a background check or looks you up, your record will be clear of the charges you had expunged.
Who’s Eligible for Expungement?
There are several situations in which you may be eligible for a clean slate. The first is if you were not convicted. Simply being arrested but not convicted makes you eligible for expungement.
Additionally, dismissals are eligible for expungement. This includes charges that ended with a diversion program or other conditional discharge.
Various convictions can also be expunged. While there are exceptions, some common crimes eligible for expungement are:
- Possession or Trafficking of a Controlled Substance
- Assault and Battery
- Shoplifting
- Domestic Violence Offenses
- Disorderly Conduct
You may also be entitled to expungement if someone was arrested, charged, or convicted of a crime while using your identity. Identity theft will need to be proven in court for the courts to expunge your name and information from the New Mexico criminal records.
Factors Considered in an Expungement
To determine your eligibility for expungement, the courts will consider several things:
- The crime for which you’re requesting expungement
- Your past arrest records and criminal record, if any
- Whether you have been convicted of any other crimes since the one you’re requesting to be expunged
- How long it has been since your arrest or conviction
These are just a few of the different factors that the San Juan County criminal courts will consider when determining whether your criminal record should be expunged. For this reason, it is wise to have a Farmington expungement attorney. A legal professional can present your case favorably, explain any important details, and give you a better chance at clearing your criminal history.
Who’s Not Eligible for Expungement?
Up until quite recently, almost no one was able to get a criminal record expunged. However, certain offenses cannot be expunged. Some crimes that are ineligible for expungement are
- Driving under the influence
- Sex crimes that require you to register as a sex offender
- Crimes against children
- Embezzlement
- Crimes involving great bodily harm or death
You may also be ineligible, or may have to wait longer, for expungement if you were convicted of a crime after the conviction, arrest, or charges you are attempting to get expunged. If you are unsure whether you could get your record expunged, the best way to find out is by contacting a local expungement attorney.
How to Get Your Record Expunged
If you believe you have grounds to get your record expunged, Patscheck Law can analyze the details and move you through the expungement process.
Complete Your Sentence
It should be noted that if you have a previous conviction on your record, you will first need to complete the terms of your original sentence. This includes serving any jail or prison time and paying any required fines or fees, as well as any other required terms such as probation or community service. Once these terms have been completed and have not had any other criminal convictions for a certain period of time, you may be eligible for expungement.
Is There a Time Limit?
A certain amount of time is required to pass before you can pursue expungement. If you are trying to expunge a conviction due to identity theft, there is no waiting period. But if you were arrested or charged (but not convicted), you will need to wait a minimum of one year before you’ll be eligible for expungement. The more severe the crime you want expunged, the longer you will need to wait for expungement.
For example, if you were convicted of a third-degree felony, you would need to wait a minimum of six years before you can petition the court for expungement. If it was a first-degree felony or a crime that falls under the Crimes Against Household Members Act, you could expect to wait ten years.
Petition for Expungement
Once you meet these conditions, you can file your petition for expungement. This will lead to an expungement hearing where your attorney can present evidence to convince the judge that your record should be expunged.
The state may have the chance to protest your expungement as well. The judge will then review all of the evidence to determine whether your record should be expunged or your request denied.
If your petition is granted, your attorney can also help to ensure that all relevant agencies are notified that your record has been expunged so your criminal record can be removed from their records.