New Mexico Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Even if a case is dismissed, these records do not simply disappear. In Texas, the only way to completely destroy these arrest records is to have the records expunged. But not everyone is eligible for an expunction.

First-time DUI convictions are petty misdemeanors and result in up to 90 days' imprisonment and fines of $500. In contrast, eighth or subsequent DUI convictions are second-degree felonies with mandatory minimum prison sentences of ten years.

Felonies could theoretically remain on your record for a lifetime in New Mexico. However, some felony records are expungable or sealable, but state laws require you to make a petition the court for expungement, typically after waiting for significant periods post disposition or final order.

How long does a DUI stay on your driving record? StateOn record forPoint lengthNew Mexico55 years1 yearNew York15 years1.5 yearsNorth Carolina7 years3 yearsNorth Dakota7 years3 years46 more rows ?

From a legal standpoint, there is no difference between this and DUI. However, the two terms are often confused because the offenses are identical and it is generally acceptable to use the terms interchangeably. Unlike some other states, New Mexico does not differentiate between DWI and DUI.

Make copies of everything. File the Petition with the district court. Even if your case was filed in a municipal or metropolitan court or was dismissed before the district attorney or city attorney filed any court case, you must file in the district court where the arrest or charges originated. Pay the $132.00 fee.

The Criminal Record Expungement Act in New Mexico The new law (known as Criminal Record Expungement Act or CREA for short) allows the following: Expungement of cases that were dismissed (all but a small category) after a one-year waiting period, providing no new charges are pending against the individual.

Additionally, you cannot expunge a DUI from your criminal record in New Mexico, unlike some other convictions. Some non-convictions, like dismissals or acquittals, can be expunged from your record under certain circumstances. Contact our office today to discuss your options.

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New Mexico Motion to Expunge Criminal Offender Record due to Charges having been Dismissed