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. Dr. 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.