A criminal record can have lasting consequences, affecting your ability to secure employment, find housing, or even qualify for certain professional licenses. Fortunately, New Mexico allows for expungement—a legal process that removes an arrest or conviction from public records. If you qualify, expungement can help you move forward without the burden of a past mistake impacting your future.
At Genus Law Group, our attorneys help individuals determine their eligibility for expungement and guide them through every step of the legal process. Below, we’ll explain who qualifies, how expungement works, and why having an experienced attorney is crucial.
What Is Expungement?
Expungement is the legal process of sealing or erasing a criminal record from public view. Once a record is expunged in New Mexico, it will no longer appear in background checks conducted by employers, landlords, or the general public. However, in some cases, law enforcement agencies and the courts may still be able to access sealed records under specific circumstances.
Expungement is different from a pardon (which forgives a crime but does not erase it) and record sealing (which restricts access but does not remove the record entirely). In New Mexico, expungement can be applied to certain arrests, dismissed charges, and some convictions, but eligibility depends on specific legal criteria.
Who Qualifies for Expungement in New Mexico?
Expungement eligibility in New Mexico depends on the type of offense, how long ago it occurred, and whether all legal conditions have been met. Generally, the following may be eligible for expungement:
Arrests and Charges That Did Not Lead to a Conviction
- If you were arrested but never charged with a crime.
- If your case was dismissed, including cases dismissed after completing a diversion program.
- If you were acquitted (found not guilty) at trial.
Certain Criminal Convictions
- Misdemeanor and felony convictions may be eligible for expungement after a waiting period if you have completed all sentencing requirements.
- The waiting period is usually two to ten years after completing your sentence, depending on the severity of the crime.
- Crimes involving violence, sex offenses, or offenses against children typically cannot be expunged.
Juvenile Offenses
- Many juvenile records are eligible for expungement once the individual reaches adulthood, provided they have not committed additional offenses.
Victims of Identity Theft
- If you were falsely accused of a crime due to identity theft, you may be eligible to have the charges removed from your record.
How Attorneys Help with the Expungement Process
The process of expunging a criminal record in New Mexico can be complicated and time-consuming, requiring precise legal filings and strong legal arguments. An experienced attorney can streamline the process and improve your chances of success by handling the following steps:
1. Evaluating Your Eligibility
Not every criminal charge or conviction qualifies for expungement. A skilled New Mexico expungement attorney will review your criminal record, determine eligibility, and assess the best legal strategy for your case.
2. Gathering Necessary Documentation
To file for expungement, you will need to provide documents such as:
- Court records related to your arrest or conviction.
- Proof that you have completed any required probation, community service, or other sentencing conditions.
- Any evidence supporting your rehabilitation and good standing in the community.
Your attorney will compile and organize all necessary documents to strengthen your expungement petition.
3. Filing a Petition for Expungement
Once eligibility is confirmed, your attorney will draft and file a formal petition with the court, requesting that your record be expunged. This petition must include:
- A detailed explanation of why the record should be expunged.
- Evidence that you have met the legal requirements.
- A compelling argument showing that keeping the record public serves no valid legal purpose.
A well-prepared petition is essential to avoiding delays or outright denial.
4. Responding to Objections from Prosecutors or Law Enforcement
In some cases, prosecutors or law enforcement agencies may object to an expungement request. If objections arise, your attorney will argue on your behalf in court, demonstrating that you have rehabilitated and deserve a fresh start.
5. Representing You at the Expungement Hearing
In New Mexico, an expungement request may require a court hearing where a judge will decide whether to grant or deny the petition. Having an attorney present increases your chances of success because they can:
- Present evidence that supports your rehabilitation.
- Address any objections from the prosecution.
- Persuade the judge that expungement is in the best interest of justice.
If the expungement is approved, the court will issue an order to remove the record from public databases.
How Expungement Can Improve Your Life
Once your criminal record is expunged, you can move forward without the burden of a past mistake holding you back. Some key benefits include:
- Better Job Opportunities: Employers typically conduct background checks before hiring. Expungement removes past offenses, increasing your chances of securing employment.
- Access to Housing: Landlords often reject applicants with criminal records. Expungement can make it easier to rent a home.
- Restoring Civil Rights: In some cases, expungement can restore rights such as gun ownership or eligibility for certain professional licenses.
- Peace of Mind: Knowing that your record is cleared provides emotional relief and a fresh start.
Why You Need an Attorney for Expungement
While New Mexico allows individuals to file for expungement without an attorney, having legal representation significantly increases your chances of success. Many expungement petitions are denied due to incomplete paperwork, procedural errors, or objections from prosecutors.
An experienced attorney ensures that your petition is accurate, well-prepared, and backed by strong legal arguments. Additionally, if your case requires a hearing, your attorney will advocate for you in court.
Contact Genus Law Group for Expungement Help
If you have a criminal record in New Mexico, you may qualify for expungement. At Genus Law Group, our attorneys have helped many clients clear their records and move forward with their lives.
Call 505-317-4455 or Contact Us through our website today to schedule a confidential consultation and find out if expungement is right for you. Let us help you take the next step toward a clean record and a fresh start.
