1011 Lomas Blvd NW Albuquerque, New Mexico 87102

Expungement Lawyer

Expungement Lawyer Services in New Mexico

What is expungement?

There are two types of expungements: Mandatory and Discretionary. Mandatory expungement is automatic and requires the judge to expunge your conviction if you meet certain requirements. If you have been charged with a crime by a law enforcement officer, were not arrested, and the charges were dismissed “without prejudice” after the complaining witness failed to show up in court, you may be entitled to a legal expungement of the adverse court record. Discretionary expungement means that whether or not you deserve to have your conviction or record expunged is up to the judge. If you have been arrested or charged but not convicted of a crime, your case might be a good candidate for a discretionary expungement.

In most cases, expungement means the court case and the arrest will be treated as if they never occurred. When records are expunged, agencies and courts are required by law to say no such record exists. If a member of the general public tries to look up your record and it has been expunged, the website will show no such record. If a member of the general public contacts an agency or court seeking information about you and your record has been expunged, the agency or court official is required by law to reply that no such record exists.

Although court rules typically do not require a showing of probable cause by any judicial officer, unsubstantiated allegations may remain on your record indefinitely. Mr. Davidson believes that when you are innocent, and the state failed to prosecute your case, or decided not to go through with a trial, you shouldn’t have to live with the public accusation ofwrongdoing on your record forever.

A: In most cases, expungement means the court case and the arrest will be treated as if they never happened. After successful expungement if someone tries to look up your record online, no record will show up on any court and law enforcement websites. Once your record is expunged, whenever someone contacts an agency or court seeking information about you, the agency or court official must say no such record exists. The legal definition of “expungement,”, “arrest records” and “public records” are defined in the Criminal Record Expungement Act, NMSA 1978, § 29-3A-2(A), -(B) & -(C). To get more information about how expungement can clear your record, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If your case was dismissed but it’s showing on background checks, you may be eligible for expungement. Under New Mexico law, criminal cases that did not result in a conviction are generally able to be expunged. If you were charged with a misdemeanor or felony, but the charges were dropped by the prosecutor, or dismissed by the court, you may be able to clear your name by expunging your record. To see if your case is eligible, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If you were arrested but not formally charged in court with a crime, your arrest record may be eligible for expungement. To see if your case is eligible, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: Under New Mexico law, if someone asks about records that have been expunged, public agencies and courts must respond that “no such record exists with respect to such person.” This provides the protection most people want when they are looking for jobs or housing and their old criminal records are getting in the way. But technically, expungement does not mean that your records are physically destroyed. Your expunged records will be retained by courts, law enforcement agencies, and other criminal justice agencies for their own access, but not for release to the public. These records may still be available to those agencies and the courts for use in future criminal proceedings. Nevertheless, your expunged records will not be available to the public. For most practical purposes, expungement may be functionally the same as destruction of your records. To get more information about the limits of expungement under New Mexico law and how we can help, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If you work in the financial industry, your criminal records can still be accessed by regulatory bodies in that industry. The Securities and Exchange Commission and financial industry regulatory authorities will still be allowed to view your arrest records and court records of your criminal case, even after an expungement is granted. For employees in the financial industry, this is a significant limitation on the remedy of expungement, but there may still be a tangible benefit. For instance, if a member of the general public asks a court or agency about your record, agencies and courts must respond that “no such record exists with respect to such person.” If you work in the financial industry and would like to see if expungement is a worthwhile remedy for you, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If the charges against you were dropped or dismissed, or you were acquitted or obtained an order of conditional discharge, you must wait one year after the final disposition of your case before you can file an expungement petition. See NMSA 1978, § 29-3A-4(A). For more information on the waiting period in your individual case, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If your criminal record is the type of offense that is eligible for expungement under Section 4 of the Criminal Record Expungement Act, see NMSA 1978 § 29-3A-4, and the one-year waiting period has elapsed, you may file a petition for expungement in the court of the county where the charges against you arose. If the charge was for violation of a municipal ordinance, or for committing a petty misdemeanor, or most misdemeanors, the court in which you were charged or prosecuted is most likely a municipal court, a magistrate court, or metropolitan court. In these cases, the expungement petition must be filed in the district court of the county where that lower court is located. If you were arrested, but not charged, the expungement petition should be brought in the district court of the county where you were arrested. For more information about the expungement process and how we can help, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: To file the expungement petition, you must obtain records of your arrest, and reports of arrest and prosecution (RAP sheets) from the New Mexico Department of Public Safety and the Federal Bureau of Investigation. You must also obtain court records, and attach the appropriate portions of these records to your expungement petition. Documents required to be attached to petitions for expungement in cases where you were released without conviction include: the docket sheet, the arrest sheet, or other records detailing the offenses sought to be expunged, documentation showing final disposition of the charges you are seeking to expunge, and your criminal history showing all New Mexico criminal cases related to you. In addition to the arrest records, court records, and RAP sheets, you must also provide the court with complete information in the petition regarding the nature of the offense, the applicable statute proscribing the offense, date of arrest, date of offense, and the nature and date of the final disposition of offense. The court will require that you specify whether your case was resolved by acquittal or finding of not guilty, nolle prosequi, no bill, referral to pre-prosecution diversion program, order of conditional discharge pursuant to NMSA 1978 § 31-20-13, or was dismissed or discharged in some other way. Other information that may be necessary to provide includes information about related cases. A petition to expunge arrest records and court records where your case resulted in release without conviction must proceed in accordance with the statutory provisions and court rules for Section 29-3A-4. See NMSA 1978, § 29-3A-4. The petition must be filed in the appropriate district court and the appropriate agencies must be served in accordance with the rules for expungement cases, including the New Mexico Department of Public Safety, the district attorney’s office in the appropriate district, and the law enforcement agency that arrested you or filed the initial charging document. There may be a hearing in your case in the district court; if so, the court is required to issue a written order granting or denying the petition within 30 days after a hearing. For more information about the expungement process and how we can file your expungement, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: For petitions to expunge records resulting in release without conviction, the court is required to expunge the records if the statutory criteria under NMSA 1978, § 29-3A-4 are met. These criteria include the one-year waiting period, the non-existence of any other charge or criminal proceeding against you, and the final disposition of your case being by acquittal, finding of not guilty, no bill, acquittal, dismissal, order of conditional discharge, referral to a pre-prosecution diversion program, or other appropriate discharge of the case. See NMSA 1978, § 29-3A-4(C). For more information about the expungement process, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If the court orders your criminal records expunged, you may want to follow up with the New Mexico Department of Public Safety, the district attorney’s office and the law enforcement agency that arrested you or initiated criminal proceedings against you to make sure that they have in fact expunged your records in accordance with the court’s order of expungement. The court will generally allow the agencies 30 to 60 days to clear your record from their websites and publicly available databases. For more information about the expungement process and how we can help, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: If your petition for expungement is denied, you may seek appellate relief in the New Mexico Court of Appeals in accordance with the Rules of Appellate Procedure. Strict rules generally apply to any appeal; for more information on how and when to file a notice of appeal, see the New Mexico Rules of Appellate Procedure NMRA. The Law Office of Scott M. Davidson has a wealth of appellate experience if you should need appellate representation. For more information about the process of appealing the denial of an expungement order and how we can help, call the Law Office of Scott M. Davidson to schedule a confidential legal consultation—505-255-9084, or contact us directly on this website.

A: The Law Office of Scott M. Davidson has been clearing criminal records in New Mexico since 2005. The Criminal Record Expungement Act, signed into law in 2019 and effective as of January 2020, has made the expungement process far easier and more predictable. Nevertheless, there are many traps for the unwary. The assistance of an experienced expungement attorney can help you navigate the new court procedures in New Mexico. For a confidential legal consultation with Scott M. Davidson, call 505-255-9084, or contact us directly on this website.

We Can Help You Clear Your Record

At the Law Office of Scott M. Davidson, we believe that if your case was dismissed, or you were arrested but not charged,  you ought to be able to move on with your life.  New statutory provisions and court procedures in New Mexico make it both easier and more likely that you can clear your name.  Contact the Law Office of Scott M. Davidson to arrange a confidential legal consultation to discuss your eligibility for expungement, the expungement process, and what the effects of expungement would be for your criminal records.  To make an appointment, call the Law Office of Scott M. Davidson directly at 505-255-9084, or contact us directly on this website.

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