A criminal record can have adverse consequences on your life, even if the conviction took place years ago. Depending on the nature of the crime, you may find it difficult to obtain gainful employment, hold stable relationships or even find safe housing. You may wonder, since you have maintained a clean record since the last incident, if you can petition to have your record expunged. Unfortunately, New Mexico allows expungement in only very limited circumstances. Simon A. Kubiak, Attorney At Law, PC, is familiar with New Mexico’s expungement laws and criteria and can advise you of your options.
Expungement With Lack of Conviction
There are two instances in which the State of New Mexico is most likely to grant an expungement, and both involve a lack of conviction. The first is if the crime with which you were charged is a misdemeanor or petty misdemeanor offense and if there exists no record of the disposition. However, if a record of final disposition occurs — meaning, there exists a record of referral to a pre-prosecution diversion program, dismissal or decision not to file charges — then, unfortunately, you are not eligible for expungement. Additionally, if your record contains arrests for felonies and crimes of “moral turpitude,” the state will not grant an expungement.
The second instance in which the state may grant an expungement is if you are the victim of identity theft. If another person was arrested, charged and convicted of a crime while using your identification or name, you may successfully petition to have the record expunged.
Expungement With a Conviction
Unfortunately, if you were convicted of a crime, you are not eligible for expungement. However, you may request to have your DNA records purged from the DNA database in the following instances:
- The state reversed your conviction;
- You accrued no additional felony charges within one year of your arrest; or
- You faced felony charges, but the state dismissed the charges, dropped the charges or resolved them after your completion of a diversion program or upon your compliance with certain other criteria
Get Legal Help
Simon A. Kubiak, Attorneys At Law, PC, believes in second chances and justice. Whether you were wrongfully accused of a crime or want to move forward with your life post arrest, we will explore your expungement options with you and help you work toward the most favorable outcome. Contact our firm today to schedule your initial consultation.