Expungement is a legal process in New Mexico that allows certain criminal records to be erased from public view. When a record is expunged, it’s as though the arrest or conviction never happened, at least in most cases. This can be life-changing for someone unable to find housing or employment—among other things—because of a criminal conviction.
Expungement law is governed by the New Mexico Criminal Record Expungement Act, which became effective in 2020. This law gives many people the opportunity to clear their names after certain criminal proceedings. However, not everyone qualifies, and the steps required can be difficult to navigate without legal guidance.
Once your record is expunged, most members of the public can no longer access it. However, certain government agencies, such as law enforcement or the courts, may still have limited access for specific purposes.
Who Qualifies for Expungement in New Mexico?
Eligibility depends on the outcome of your case and the type of offense involved.
Generally, you can request expungement for:
- Arrests that did not lead to a conviction
- Cases that were dismissed
- Cases where you were found not guilty
- Convictions for certain misdemeanors and felonies, after a waiting period
- Victims of identity theft, if another person used your name in a crime
New Mexico offers expungement for specific offenses, provided certain timeframes have passed. This includes resolutions like acquittals, dismissals, and charges that never resulted in a conviction. Additionally, individuals who were victims of identity theft and had their names used in criminal activity may be eligible.
When Can I Seek an Expungement?
The waiting period for convictions depends on the offense:
- Two years for municipal ordinance violations and some misdemeanors
- Four years for aggravated battery and some fourth-degree felonies
- Six years for third-degree felonies
- Eight years for second-degree felonies
- Ten years for first-degree felonies
These eligibility rules can be nuanced, so it’s best to consult with an experienced criminal defense attorney who can evaluate your case and confirm whether you qualify.
How the Expungement Process Works in New Mexico
Expungement in New Mexico is not automatic, though the state has a streamlined procedure for offenses involving cannabis (marijuana). Generally speaking, for other kinds of offenses, you must file a petition in the same court where your case was handled.
The process generally involves the following steps:
- Determine eligibility. Review your record and identify which charges qualify
- File a petition. This includes providing details about your case, personal information, and the reason you’re requesting expungement
- Notify relevant parties. Prosecutors and other agencies involved in your case must be notified and given an opportunity to object
- Attend a hearing (if required). In many cases, the judge may schedule a hearing to decide whether granting expungement serves the interests of justice
- Receive the court’s decision. If the judge approves, your record will be sealed and removed from most public databases
An attorney can help ensure that your petition is properly filed, the applicable deadlines are met, and that any objections are addressed effectively on your behalf.
How a Criminal Defense Lawyer Can Help With the Expungement Process
Although you’re allowed to file for expungement on your own, working with a lawyer can make the process far smoother.
A defense attorney can:
- Review your criminal record for eligibility
- Gather necessary documentation and prepare your petition
- Handle objections from the prosecution
- Represent you at your hearing
- Ensure all agencies comply with the expungement order once it’s granted
A lawyer can also help if your petition is denied, guiding you through options for an appeal as may be appropriate. Expungement can have a major impact on your future, which means having professional help on your side is often well worth it.
What Happens After an Expungement Is Granted?
Once the court orders your record to be expunged, it must be removed from the vast majority of public databases. This means your record will not appear in most background checks and online searches.
However, expungement does not necessarily erase your record from every single potential query. For example, your records can still be viewed by law enforcement and other justice agencies. Financial regulatory authorities may also still see your record if you apply to work at a financial institution, like a bank.
Importantly, after a successful expungement, you are legally allowed to say you have not been arrested or convicted of that offense in most circumstances, such as in housing applications.
Schedule a Free Consultation With an Albuquerque Criminal Defense Attorney at Jones Criminal Defense Attorneys Today
A criminal record in New Mexico doesn’t have to define your life. If you qualify for an expungement, you could open the door to better opportunities and a clean start. Jones Criminal Defense Attorneys can help you through every step of what’s to come, from determining eligibility to clearing your record once and for all.
Don’t let your past continue to hold you back. Contact our Albuquerque criminal defense lawyers at (505) 248-1400 today for a free consultation to discuss your legal rights and options.