We are happy to announce that we now help clients with expungements. An “expungement” means the removal from access to the general public of a notation of an arrest, complaint, indictment, information, plea of guilty, conviction, acquittal, dismissal or discharge record, including a record posted on a publicly accessible court, corrections or law enforcement internet website. The Courts and we have found that many people are not taking advantage of expungements. As KRQE stated , “After nearly a year available, The Criminal Record Expungement Act hasn’t received the attention officials thought it would. The act made clearing your rap sheet a clear possibility and before passing, the act received a ton of attention leading court officials to believe they’d be overwhelmed with cases.” We too have had found this to be the case.

We are here to help navigate the process and whether you eligible for an expungement, even if you have conviction (though, unfortunately exceptions may apply). The criminal expungement act which became effective on January 1, 2020, allows for a petition in three different areas. First, are to expunge charges that were erroneously filed in cases of identity theft. The second avenue is where there was not a conviction. A case can result in “no conviction” due to an acquittal either by a judge or jury, a nolle prosequi (dismissal by the state), a pre-prosecution diversion program (sometimes called a defense continuance) to name the more common ways. The third avenue is when there has been a conviction.

In all type of cases, we help our clients navigate the process of getting background checks and paperwork that are necessary to file the initial petition. After filing the petition, we assure that the necessary parties are put on notice and inform the Court of those notices. We will also attend your hearing and represent you should a hearing be necessary. In many non-conviction cases a hearing may be waived by the New Mexico Department of Public Safety.

As background checks increase for housing and jobs you shouldn’t risk a charge “popping” up on that background check. New Mexico now has expungements which will “hide” those records from public view including background checks. if you have been charged with a crime and it was dismissed, contact us to get this case off your record. We will happily explain the process and give your previous case a free review to let you know which path of expungement you may be eligible. Call us at 505-247-9500 for a free consultation.