New Mexico Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Multi-State
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US-02243BG
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Description

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

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.

Here are the eight steps to apply for expungement: Locate your records. ... Complete the appropriate forms. ... Review each court case. ... Attach arrest records, court records, and sentencing records to your petition. ... Make copies of everything. File the Petition with the district court. ... Pay the $132.00 fee.

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

Conditional discharge: A conditional discharge is not a conviction under New Mexico law. It gives you a chance never to be found guilty and have your case dismissed on the condition that you complete probation.

In New Mexico, a felony is defined as any crime defined by law or conviction for a sentence of death or imprisonment for one year or more. There are five types of felonies in New Mexico. These categories can be broad and differ slightly from other state jurisdictions.

3rd-degree felony convictions: Six years from the end of the sentence. 2nd-degree felony convictions: Eight years from the end of the sentence. Any crime of domestic violence, including misdemeanors, and 1st-degree felony convictions: Ten years from the end of the sentence.

Here are the eight steps to apply for expungement: Locate your records. ... Complete the appropriate forms. ... Review each court case. ... Attach arrest records, court records, and sentencing records to your petition. ... Make copies of everything. File the Petition with the district court. ... Pay the $132.00 fee.

Ann. § 30-7-16(A)), a felon's right to possess firearms is restored after the passage of 10 years following completion of the imposed sentence. The rights to vote and serve on a jury are restored by operation of New Mexico law after service of the entirety of the sentence imposed for a felony conviction.

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New Mexico Petition for Expungement of Record in Case of Acquittal and Release without Conviction