Expungement Attorney in Albuquerque
DEDICATED EXPUNGEMENT ATTORNEY IN ALBUQUERQUE, NEW MEXICO
Are you searching for an expungement attorney in Albuquerque? New Mexico’s Expungement Act opens the flood-gate for a sea of cases that formerly were ineligible for expungement. The Department of Public Safety estimates that more than half a million New Mexico cases now qualify for expungement under the new law.
Does your former arrest and/or conviction now qualify for expungement?
The new law permits expungement of most arrest records in cases that did NOT result in a conviction – provided that one year has passed since the case finalized.
The law also provides expungement for records relating to a handful of convictions, provided that the following conditions are met:
- No other charge or proceeding is pending against the Petitioner;
- Restitution, court costs, fines, and fees have been paid;
- All requirements of the sentence have been completed; and
- No other criminal conviction has occurred for a two to four year period.
A handful of cases still remain ineligible for post-conviction expungement under the new law. These include:
- Crimes against children;
- Offenses that cause great bodily harm or death;
- Certain sex offenses;
- Embezzlement; and
- DWI.
New Mexicans that were charged with crimes that did not result in a conviction (i.e. the case was dismissed, conditional discharge, pre-adjudication diversion program, acquittal/not guilty etc.), are eligible for expungement one year after the case was finalized.
Once the Petition is filed and notice is provided, a civil hearing is set enabling the Petitioner to demonstrate that they are entitled to an expungement, based on the requirements above. Once the hearing is successfully completed, the court must issue an order within 30 days requiring expungement.
Matthew Legan Sanchez has over a decade of experience with criminal and civil law. Call (505) SANCHEZ to see if you are eligible to clear your name under the new expungement laws.
EXPUNGEMENT PROCESS IN ALBUQUERQUE, NEW MEXICO
Unlike criminal proceedings, the expungement process is civil in nature and is filed through civil proceedings. Individuals requesting an expungement are required to send notice to the following agencies: