Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
New Mexico Expungement Handbook - Procedures and Law
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Section 30-3-4 - Battery. Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Whoever commits battery is guilty of a petty misdemeanor.
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.
The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of the records to any person, except upon order of the court.
How Do I 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.
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.
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.
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.
Who is Eligible for Expungement? The case resulted in a non-conviction, including conditional discharge, pre-prosecution diversion, nolle, acquittals, etc.; You were convicted of a municipal ordinance or misdemeanor conviction; You were convicted of misdemeanor aggravated battery or a 4th degree felony conviction;