What is an expungement? Will that clear my New Mexico criminal record?

What is an expungement? Will that clear my New Mexico criminal record?

Expungement in New Mexico: What You Need to Know

Expungement is a legal process that removes a criminal conviction or arrest record from public view. New Mexico has relatively generous expungement rules that are worth taking advantage of. Getting your record expunged will protect your reputation, open up employment opportunities, and foster a sense of closure. It signifies that you have put your past behind you and moved on. Expunging your record means the public will have to move on too.

The Law’s Effect on Expunged Records

In New Mexico, by law, the arrest or conviction that is expunged “shall be treated as if it never occurred.” (§ 29-3A-7 NMSA)

  • Expungement Does Not Delete Your Record
    Expungement does not delete your record; it does not destroy the underlying file. Agencies like law enforcement will still have access to these records. However, the general public will not have access to the expunged record unless media outlets have already reported on it. Expungement cannot force a local newspaper to erase its story about the case. But generally speaking, most cases don’t get media attention, so there won’t be any information for a potential employer to discover.
  • Expunged Records and Employment
    The law dictates that expunged records are not to be considered in public employment contexts. This means that, once expunged, potential employers should not be able to see the record when conducting background checks.

The Expungement Process

Expungement is a legal process that requires several steps. You’ll need to:

  1. File an Application
    The applicant must file an application with the District Court, which will require collecting and providing certain documents and reports.
  2. Notify Required Parties
    Notice must be sent to various required parties, and you may have to respond to any objections that arise.
  3. Attend a Hearing
    In some cases, the applicant may have to attend a court hearing and make an argument for the appropriateness of expungement in their specific case.
  4. Time and Conditions
    Certain time periods and conditions of good behavior must pass before an expungement is granted.
  5. Expunging Convictions
    Expunging convictions is a more complicated process and requires individualized analysis and legal advocacy.

How to Get an Expungement

An expungement can be accomplished by a non-lawyer representing themselves (pro se), but it can be a heavy lift, especially if you are trying to expunge a conviction. For assistance, the courts offer self-help resources and sometimes clinics that can help guide you through the process. Be prepared to pay the court filing fee, as well as the costs associated with obtaining the necessary background checks from the New Mexico Department of Public Safety and the FBI.

Alternatively, you can hire an attorney to assist you and increase your chances of success.

Max Pines Law Offers Expungements

At Max Pines Law, we are happy to offer expungement services. Hiring us to handle your expungement can provide you with peace of mind, knowing the job will be done right. Our fee includes a consultation with Max Pines and our licensed clinical social worker, where we can also discuss any other legal, employment, or wellness concerns you may have.

We take a holistic, client-centered approach—treating our clients as people, not just cases.

Click here to get an in-depth, free Ebook describing expungements in New Mexico

Expungement Ebook

 

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