Expungement without a Criminal Conviction


You may find yourself in the following situation: you were prosecuted for a crime but, for whatever reason, you weren't convicted. Even without a conviction, there are public records of your arrest and prosecution. These records can follow you, causing problems and embarrassment. But, there is some good news! New Mexico recently passed an expungement law that could help you get rid of these records.



Start Date


The new expungement law goes into effect on January 1, 2020. On that date, we can begin filing expungement petitions (requests) in court. Even though you can't file yet, you may want to contact an attorney and start working on your case. If you get to work now, you might be able to avoid long wait times. However, you should first determine if expungement is right for you.


Requirements


If you meet the following requirements, you may qualify for an expungement:

  1. You were released without conviction;

  2. One year has passed since the final decision on your case; and

  3. You do not have any criminal charges or criminal proceedings pending against you.

These requirements are fairly easy to understand, but calculating the one-year period can be tricky. One year from the final decision doesn't mean one year from the date you were released. For example, if you were released on bail and later found not guilty, then the clock starts from the date of the verdict not the date you were released on bail. So, make sure you're using the correct date.


Importantly, the type of crime doesn't matter. If you meet the requirements, you can request an expungement for an ordinance violation, a misdemeanor, or a felony.


Released without Conviction


There are a lot ways to be "released without conviction"--below is a list:

  • an acquittal or finding of not guilty

  • a nolle prosequi, a no bill, or other dismissal

  • a referral to a preprosecution diversion program

  • an order of conditional discharge

  • the case was otherwise discharged

If any of these apply to you, then you were "released without conviction." It is important to remember that this is just one of the requirements. You must meet all of the requirements before you can get an expungement.


Next Steps


After reading this article, you hopefully have a better sense of whether expungement may be right for you. If you have questions about the expungement process, you can schedule a free consultation with us at Salcedo & Company. We offer our services for a very competitive flat fee. Please fill out a contact form or call us at (575) 993-2676. If you qualify, we would like to help you clear your criminal and arrest records!


**Disclaimer: This post is intended for informational and educational purposes only. Nothing in this post is intended to be legal advice. Nothing in this blog post should be read or construed as legal advice. By issuing this blog post, Isidro Salcedo, Esq., and Salcedo & Company, LLC, are not acting as your attorney nor creating an attorney-client relationship with you. By reading, relying on, or using the information in this blog post, you acknowledge and affirm that Isidro Salcedo, Esq., and Salcedo & Company, LLC, are not acting as your attorney and are not subject to any attorney-client relationship with you. Each case is different, so using general information to make decisions regarding your legal issues, such as the general information found in this blog post, is not advisable. If you have specific legal questions or issues, please consult an attorney or other licensed legal service provider.**

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