New Mexico Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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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

As provided by the New Mexico Supreme Court Order and the Case Access Policy for Online Court Records, there are three ways to access New Mexico public court records: Case Lookup for the general public. Secured Odyssey Public Access (SOPA) for registered users. re:Search®NM for registered users.

Non-convictions (felony or misdemeanor) including conditional discharge, pre-prosecution diversion, acquittals, etc.: One year from date of final disposition. Municipal ordinance or misdemeanor convictions: Two years from the end of the sentence.

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.

When you file a petition to have your criminal record expunged, you will have to appear in court at a hearing that is usually held a month after your initial filing. The court can grant expungement at the hearing, but it can also take up to six months for a decision to be handed down.

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.

You can obtain criminal histories and background checks through the state's Department of Public Safety. Jail and inmate information can be accessed through the Corrections Department.

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.

You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. If you were found not delinquent, the prosecutor should ask the judge to seal the record. The judge is required to grant this request.

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New Mexico Affidavit in Support of Motion to Order Expungement of Criminal Record