Law Office of Alvin R. Garcia
Personal Injury Attorney
Guide to Expungements in New Mexico
Looking to clear your criminal record? Expungements can remove your record from public view, giving you a fresh start. This guide explains how expungement works in New Mexico, what benefits it offers, and steps to apply for it.
Key Takeaways
-
Expungement in New Mexico removes criminal records from public view, improving employment and housing opportunities but does not erase records completely from court and law enforcement access.
-
Eligibility for expungement is defined by the Criminal Records Expungement Act, with specific criteria and waiting periods for different offenses, while certain serious crimes remain ineligible.
-
The expungement process includes gathering documents, filing a petition, and attending a court hearing, and individuals may benefit from legal assistance to navigate this complex procedure.
Understanding Criminal Records
A criminal record is more than just a list of past mistakes; it is a detailed account of your interactions with the legal system. This includes details of arrests, charges, and convictions, even if the case was dismissed. Alarmingly, about one in three adults in the U.S. has some form of a criminal record, highlighting how common this issue is.
​
The impact of a criminal record is far-reaching. It can affect nearly every aspect of your life, from employment opportunities to housing applications. Some studies suggest that a criminal record can influence your life in up to 48,000 ways, underscoring the profound and pervasive nature of its impact. Even expunged records can be used in subsequent criminal proceedings, which adds another layer of complexity to navigating life with a criminal history.
​
Grasping the full implications of a criminal record is crucial in recognizing the significance of expungement. This knowledge paves the way for exploring how expungement can provide a fresh start.
What is Expungement?
Expungement is a legal process that removes criminal records from public view, effectively giving individuals a fresh start. Once a record is expunged, it is no longer visible on background checks, which can significantly improve one’s chances of securing employment and housing. However, courts and law enforcement agencies still retain access to expunged records.
​
Entities such as District Attorneys and employers needing security clearance can still access expunged records. The district attorney plays a crucial role in the expungement process, particularly in objections to petitions for expungement of arrest records and public records. Thus, while the general public and most employers won’t see these records, they are not completely erased. For instance, even after expungement, you may need to disclose your record when applying for specific jobs, such as positions within financial institutions.
The process of expungement is governed by laws that vary by state. In New Mexico, the Criminal Records Expungement Act outlines the criteria and procedures for having a record expunged. Knowing these specifics is essential for anyone considering this legal remedy.
Benefits of Expungement
The benefits of expungement are numerous and impactful. One of the most significant advantages is the enhancement of employment prospects. Many employers are reluctant to hire individuals with a criminal history, and having a record expunged can remove this barrier. Additionally, individuals with expunged records generally have the right to deny or not acknowledge the existence of those records during job applications, further easing the path to employment.
​
Expungement paves the way for better educational and housing opportunities. Educational institutions are more inclined to accept applicants without criminal histories, and landlords often favor renting to those without a criminal background.
​
Beyond these tangible benefits, expungement can help eliminate the negative perceptions associated with a criminal record, fostering a sense of personal renewal and societal acceptance.
Eligibility Criteria for Expungement under the Criminal Records Expungement Act in New Mexico
In New Mexico, not all criminal records are eligible for expungement. The Criminal Records Expungement Act outlines specific criteria that must be met. For instance, victims of identity theft or mistaken identity are eligible to have their records expunged. Additionally, records eligible for expungement include misdemeanor and felony dismissals, acquittals, and certain convictions.
​
The waiting period for expunging felony convictions or crimes against household members act is ten years. For most municipal ordinances or misdemeanor convictions, a two-year waiting period post-sentence is required. Individuals convicted of a municipal ordinance can petition the court to expunge related arrest records and public records after completing their sentence and paying any fines. If a non-conviction includes an acquittal, there is a waiting period of one year from the final disposition date.
​
Most juvenile records can be sealed two years after the conclusion of the case, probation, or placement. New regulations introduced on January 1, 2020, have made it easier for more individuals in New Mexico to petition for expungement.
Exceptions to Expungement
While the expungement process offers hope for many, certain offenses are ineligible for expungement in New Mexico. Serious crimes encompass DWI, embezzlement, and sex crimes that mandate registration. Additionally, they include crimes against children and violent offenses leading to severe bodily harm or death.
The presence of these convictions on an individual’s record can severely limit opportunities for employment and other aspects of life after a criminal conviction. Knowing these exceptions is vital for individuals assessing their eligibility for expungement.
The Expungement Process
The expungement process in New Mexico involves several steps, including collecting necessary documents, completing petitions, and attending court hearings. This process can be complex, but breaking it down into manageable steps can help ensure success.
The following subsections provide detailed guidance on each step of the expungement process, from gathering required documents to filing your petition and attending the court hearing.
Gathering Necessary Documents
The first step in the expungement process is gathering the necessary documents. Essential documents include arrest records, court records, and proof of sentence completion. These documents provide the foundation for your expungement petition, demonstrating that you have fulfilled all legal requirements.
It’s important to ensure that you have all the required documents before proceeding to the next step. This might involve obtaining records from various sources, including a law enforcement agency and court offices.
Filing Your Petition
Once you have gathered all necessary documents, the next step is filing your petition. This involves submitting a specific petition form along with supporting documents to the appropriate district court. Different types of records require specific petitions, so it’s essential to complete the correct forms.
Attach relevant documents such as arrest, court, and sentencing records to your expungement petition to demonstrate the case’s final disposition. Filing in the correct jurisdiction is crucial for the petition to be considered.
Court Hearing and Decision
After filing your petition, the court will typically set a hearing date to review the case. During the hearing, you will present your case, and the judge will review the evidence before making a ruling. The judge may ask questions about the expungement request and review any objections.
The court usually communicates its decision within 30 days after the hearing in the court case. Knowing what to expect during this process can aid in effective preparation.
Legal Assistance for Expungement
Navigating the expungement process can be daunting, which is why legal assistance is invaluable. An experienced expungement attorney can guide clients through every step, from court petitions to notifications to agencies. For those who cannot afford legal representation, services such as New Mexico Legal Aid and Volunteer Attorney Programs are available.
The New Mexico State Bar provides resources to help individuals find attorneys specializing in expungement. For a comprehensive list of attorneys specializing in expungement assistance, visit the New Mexico State Bar website at nmbar.org.
Impact on Gun Rights and Public Safety
Expungement has a significant impact on gun rights and public safety. Under federal law, expungement does not restore gun rights, even if state laws permit it after expungement. Individuals with felony convictions cannot possess firearms for ten years following their sentence completion, including any probation period. Expunged convictions can still appear in background checks conducted through the National Crime Information Center, affecting a person's legal rights.
However, New Mexico law allows individuals to regain firearm rights before the ten-year mark if they obtain a pardon from the governor. While expunged records are not publicly accessible, law enforcement agencies retain access to these records for potential future criminal proceedings.
​
Being aware of these nuances is vital for individuals seeking expungement, particularly those concerned about gun rights and public safety implications.
Handling Online Records
In New Mexico, expungement does not destroy records; it simply limits who can see them. When a record is expunged, it is removed from most public online platforms, including those operated by the New Mexico Courts and law enforcement. This means that while the record is no longer visible to the general public, it still exists in official databases.
However, records on unregulated online platforms cannot be removed through expungement. This underscores the need to understand the limitations of expungement concerning online records.
Juvenile Records Expungement
Juvenile records are treated somewhat differently than adult records when it comes to expungement. In New Mexico, juvenile records can generally be sealed two years after the conclusion of the case, probation, or placement. This provides young individuals with a much-needed opportunity to move past their mistakes and start afresh.
Accessing expungement forms for juvenile records is straightforward. Forms are available through the New Mexico Courts website, and petition forms vary depending on the type of record being expunged. Accurately completing all necessary forms is vital to a successful expungement petition for juvenile records.
Expungement of Federal Records
Federal conviction records present a unique challenge, as they cannot be expunged due to specific statutes that restrict such actions. This limitation underscores the difference between state and federal expungement laws.
For those seeking relief from federal convictions, the alternative is to apply for a pardon. Although obtaining a pardon is a more complex and less certain process, it remains a viable option for individuals looking to clear their federal records.
Checking Your Background
Before filing for expungement, it is essential to conduct a comprehensive background check to ensure that all pertinent records are included in your petition. This step helps verify the accuracy of the information submitted and ensures that no records are overlooked.
In New Mexico, you can obtain a comprehensive background check that includes arrest and court records from the New Mexico Department of Public Safety. This process incurs a fee starting at $15, which is a necessary investment to ensure the completeness of your expungement petition.
Public vs. Sealed Petitions
When filing an expungement petition, it’s important to understand the difference between public and sealed petitions. Generally, expungement petitions are considered public information unless they are specifically sealed by the court.
When filing your petition, you can request to have the records sealed, which adds an additional layer of confidentiality to your case.
Fees and Costs Associated with Expungement
The process of expungement involves specific fees that applicants should be aware of. In New Mexico, the filing fee for an expungement petition is $132, with additional costs of $13 for each subsequent pleading. If multiple offenses are involved, separate petitions must be filed for each, which can increase the total expenses.
Additionally, there is a cost for researching and reproducing your criminal history, with fees starting at $15 from the New Mexico Department of Public Safety. Knowing and budgeting for these fees is essential when considering an expungement application.
Maintaining Confidentiality Post-Expungement
Once a record is expunged, individuals can legally claim that no record exists when asked, except in certain employment scenarios. This legal right to deny the existence of an expunged arrest or conviction can significantly ease the burden of a past mistake.
However, be aware of the exceptions. In specific situations, such as applying for certain types of employment, disclosure of the expunged record may still be required. Knowing these exceptions ensures that you can navigate post-expungement life confidently and within legal bounds.
Summary
In summary, expungement offers a vital opportunity for individuals to clear their past and open new doors for their future. By understanding the intricacies of criminal records, the expungement process, and the associated benefits, you can take the necessary steps towards a fresh start. This guide has outlined the key aspects of expungement in New Mexico, from eligibility criteria to the detailed steps involved in the process.
​
Remember, the journey to expungement is a significant step towards reclaiming control over your life. Whether you’re looking to improve employment prospects, gain educational opportunities, or simply move past a regrettable chapter, expungement can provide the clean slate you need. Take the first step today and explore how expungement can transform your future.