Executive Summary
Having a criminal record in New Mexico can make it difficult to find work, secure housing, and move forward with your life. Fortunately, there is a process called expungement in New Mexico that may allow you to clear certain arrests, charges, or convictions from your record. Learn what expungement in New Mexico means, who qualifies, how the process works, and why working with an experienced Albuquerque expungement attorney makes this process easier.
What Is Expungement in New Mexico?
Expungement in New Mexico is a legal process that allows certain criminal records to be sealed or erased from public view. Under the New Mexico Criminal Record Expungement Act, individuals may petition to have certain arrests and convictions expunged if they meet specific criteria. When an expungement is granted, most employers, landlords, and members of the public will not see those records in a background check. While some law enforcement agencies may still have access to sealed records, an expungement in New Mexico can greatly improve your opportunities in life.
Who Qualifies for Expungement in New Mexico?
Not all criminal records are eligible for expungement in New Mexico, but many are. In fact, New Mexico’s laws are broader than most people realize. Whether you qualify for expungement in Albuquerque depends on several factors, including:
- The type of offense: Convictions for certain violent crimes, sex offenses, crimes against children, and DWI typically cannot be expunged. However, many other offenses may qualify, including non-violent misdemeanors and some felonies after the required waiting period. Examples of qualifying offenses can include theft, simple assault or battery, and drug charges.
- The outcome of the case: If your case was dismissed, you were found not guilty, or charges were dropped, you may petition to have the record expunged after a one year waiting period.
- Time since completion: For eligible convictions, you must wait a set period after completing your sentence, probation, or parole. This waiting period varies depending on the severity of the offense.
- No new criminal charges: You cannot have pending charges or recent convictions on your record in New Mexico.
Since every criminal case is unique, it’s best to speak with a New Mexico expungement attorney to determine your eligibility.
How Does the Process for Expungement in New Mexico Work?
Filing for expungement in New Mexico involves several steps:
- Determine eligibility: Work with a New Mexico expungement attorney to review your record and confirm that your offense qualifies.
- Prepare a petition: This includes gathering supporting documentation and drafting the legal arguments for why the court should grant your request for expungement in Albuquerque.
- File in the correct court: Your expungement attorney will file the petition in the Albuquerque court where your case was originally heard.
- Notify interested parties: The prosecutor and other relevant parties are given notice and the chance to object.
- Attend a hearing (if required): A judge may hold a hearing to decide if approving your petition is fair and appropriate.
- Obtain a court order: If approved, the court issues an order to seal your record.
The process for expungement in Albuquerque can be confusing, and working with an experienced New Mexico expungement attorney will help you avoid costly mistakes that could delay or derail your petition.
Why Should You Consider Expungement?
A criminal record can follow you for years, even if you have moved on with your life. Even charges which did not result in conviction may appear on routine background checks. Clearing your record through expungement in New Mexico offers several benefits:
- Improved chances for employment and career advancement.
- Greater access to housing and rental opportunities.
- The ability to pass background checks for professional licenses.
- Peace of mind knowing your past is no longer on public display.
These benefits can open doors that once felt closed, allowing you to fully rebuild your future without the weight of past mistakes holding you back.
How a New Mexico Expungement Lawyer Protects Your Future
Filing on your own is possible, but mistakes can cost you valuable time. A denied petition may keep you from reapplying for years. An experienced New Mexico expungement attorney knows the law, understands the process, and can prevent costly errors that stand in your way.
If your criminal record has been holding you back, now is the time to explore expungement in Albuquerque. With the right legal team by your side, the process doesn’t have to feel overwhelming.
Contact New Mexico Legal Group today to speak with a skilled criminal defense and expungement attorney. We’ll review your case, explain your options, and guide you so you can finally move forward and take control of your future.