Expungement Lawyer in Las Cruces

Clearing Your Record After an Arrest or Conviction in Mexico

Having a criminal record can be devastating. It can deeply impact your career, your reputation, and your family. If your case did not result in a conviction or you meet certain criteria following a conviction, you might be eligible for expungement. If granted, an expungement will remove information about the case from general public access.

In New Mexico, expungements are not automatically granted. You must petition the court to obtain an expungement. The petition must be filed in district court. You can use the court website to look up case information and determine where your case should be filed. However, it is strongly recommended that you consult with an expungement lawyer in Las Cruces before beginning the process.

To determine whether you are eligible for an expungement or to learn more about the process, call (575) 386-5100 to schedule a consultation with an attorney.

What Is an Expungement?

As explained in the Criminal Records Expungement Act, which went into effect on January 1, 2020, expungement refers to the removal of the general public’s access to any information regarding an arrest, indictment, conviction, and more.

If the expungement petition is granted through the court, you will then be able to respond “no” to most inquiries about the record. A new law expanded access to who is eligible to obtain a petition in New Mexico. However, the laws are complex and should be reviewed with a Las Cruces criminal defense lawyer.

Who Is Eligible for an Expungement in New Mexico?

Many people are eligible for an expungement in New Mexico. While a small number of offenses are precluded, the majority of types of cases may be granted a petition. Generally, the more severe the crime is, the longer you must wait to file an expungement.

The following offenses are ineligible for expungement:

Driving While Intoxicated (DWI)
Embezzlement
Crimes against children
Violent offenses resulting in great bodily injury or death
Sex offenses requiring registration

If your case did not result in a conviction, it is still important to complete a petition for expungement. Failure to have the case expunged means the general public will continue to have access to the information. You must wait one year from the date of the final disposition in a case where you were released without conviction to petition the court.

Basic Eligibility Requirements for an Expungement

Under most circumstances, you will be eligible for an expungement if you are the victim of identity theft or mistaken identity. You may also be eligible for an expungement if your case did not result in a conviction, including if the case was discharged or you received an acquittal.

With the exception of the crimes listed above, most misdemeanors are also eligible for expungement even if you were convicted of the offense. Individuals will not be able to file for their record to be expunged until they have completed the requisite waiting period. The waiting period depends on the type of offense. To learn whether you are eligible for an expungement, we recommend consulting with an expungement attorney.

Prior to the expiration of the waiting period, you must have:

Paid all of your fines and fees related to your case.
Have no pending charges.
Complete your sentence.
Have no additional convictions.
Paid any restitution to the victim.

In order to save time and money, it is important to understand the waiting period and ensure you have completed all eligibility requirements prior to filing.

How Long Do I Have to Wait for an Expungement?

The length of time you must wait to file for an expungement depends on the type of case, including whether the offense was a misdemeanor or felony.

Expungement waiting periods in New Mexico:

Victim of identity theft: Immediate.

Release without conviction: One year from the date of the final disposition in the case.

Misdemeanor or municipal ordinance: Two years from the completion of your sentence unless otherwise noted.

Misdemeanor aggravated battery or fourth-degree felony: Four years from the completion of your sentence.

Third-degree felony: Six years from the completion of your sentence.

Second-degree felony: Eight years from the completion of your sentence.

First-degree felony or an offense under the Crimes Against Household Members Act: Ten years from the completion date of your sentence.

When deciding whether to grant the petition for expungement, the court will consider several things, including your age, the gravity of the offense, your criminal history, and the length of time that has passed.

Benefits of Filing for an Expungement

There are a number of benefits to filing for an expungement. If granted, an expungement will remove your criminal record related to the offense from public access. It may be able to help you secure better housing and more gainful employment.

While the courts and law enforcement agencies will continue to have access to your criminal record, most other parties will not. While the record is not destroyed, it is removed from public view, which can be helpful in nearly every aspect of your life. Once you have waited the requisite amount of time, filing for an expungement is strongly recommended.

Contact The Aranda Law Firm Today to Learn More

An expungement can minimize the negative impact of a past conviction. Take the first step toward a better future. Contact The Aranda Law Firm online or call (575) 386-5100 today to speak with a skilled expungement lawyer in Las Cruces.