A felony has a big impact on a person’s life and if you live in New Mexico, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record
The problem though is that all states don’t offer all three of these options. But before we get into what New Mexico offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in New Mexico it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in New Mexico is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in New Mexico, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in New Mexico.
Felony Expungement in New Mexico
Yes, it is possible to expunge your felony in New Mexico but it depends on the felony.
Sealing a Recordin New Mexico
Yes, it is possible to seal your record in New Mexico but it depends on the felony.
Getting a Pardonin New Mexico
Yes, it is possible to get a pardon of your record in New Mexico but it depends on the felony
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in New Mexico?
Expungement is legally destroying criminal records or information in files, computer, and depositories. If you are concerned about DNA records in New Mexico, expungement orders completely destroy samples, records, and personal identification. §39-3-8.1.
If you were arrested for a misdemeanor or petty misdemeanor and the arrest did not concern sex crimes, you can have your record expunged. You can also expunge your record if you have not been convicted of a felony, a misdemeanor involving moral turpitude, or found delinquent by a court.
Do take note that most of the time you cannot expunge an accurate arrest or charge on your New Mexico criminal record. It does not matter if you have completed probation and paid all your fines and fees, adult criminal records can only be expunged in limited circumstances.
You can apply to have your records expunged if the underlying charge was drug possession and it was your first offence, committed when you were under 18, and the charges were dismissed.
CANNOT EXPUNGE IF…
• You were convicted of a crime.
• No felony can be expunged.
• You were charged with any type of moral turpitude. (New Mexico statute §29-16-10).
How to Expunge a Felony in New Mexico
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• First, you need to obtain your criminal records. If final dispositions of arrests cannot be located, you must file a petition to expunge with the law enforcement agency who has jurisdiction over the records.
• Verify your criminal record.
• Great news! If you cannot find you criminal records or they don’t seem to be in any file, your records may be directly expunged.
• Call the New Mexico Department of Public Safety Law Enforcement Records Bureau at 505-827-9181. Request a petition to expunge your arrest information You cannot obtain the forms online at this point.Getting an arrest record expunged in New Mexico is extremely hard. You must prove that extraordinary circumstances existed or the arrest was illegal, unconstitutional, or based on flawed procedures. (State v. C.L. 2010-NMCA-050.
Can You Seal Your Criminal Record in New Mexico?
Sealing your record in New Mexico is a difficult as getting an expungement. You can seal your records if you were arrested for a misdemeanor or petty misdemeanor offence and there is no record of disposition.
You might be able to seal your records if you have a conditional discharge without an adjudication, or if you are a first-time drug possession criminal.
If you are a juvenile criminal, your records are automatically sealing if you are not a delinquent offender or have many arrests on your record.
Note that expunged records are sealed, but not all sealed records are expunged. Your criminal record is sealed from public access and can only be open via a court order.
CANNOT SEAL IF…
• Your arrest resulted in a felony conviction.
• You were convicted of sex crimes.
• You have not waited the requisite two-year time period between your arrest and attempting to seal your records.
How to Seal Your Criminal Record in New Mexico
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• Call the Clerk of the Court where you were arrested and find out as much as you can about the original case. Ask the Clerk to send you a copy of your arrest record.
• Fill out the required forms.
• Give to the Clerk of the Court in the jurisdiction where you were arrested your petition.
Can You Apply for a Pardon in New Mexico?
The ability to grant a pardon is at the discretion of the governor. (N.M. Const. art. V, §6). “Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.” (N.M. Stat. Ann. §3113-1(E)).
Pardons do restore right of citizenship and help relieve other legal disabilities. Pardons do not expunge or seal conviction records. A pardon will be listed on your criminal records, but should give employers or landlords the assurance that you have served your sentence.
CANNOT PARDON IF…
• You have not completed your sentence and no discharged from supervision.
• If you have additional arrest records. You must remain free from arrest for up to twenty years following discharge from supervision. The time period depends on the seriousness of the offence.
• First degree felony convictions,
• Misdemeanor domestic violence. Multi-felony offences,
• Crimes against a child,
• Habitual offenders of DUIs, drug use and conviction, or a petty misdemeanor.
How to Apply for a Pardon in New Mexico
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Submit completed application forms to the governor’s office by mail. This cannot be done electronically.
• Provide proof of good behavior and ability to act responsible and be a contributing member of society. Pardon Guidelines, supra III.c. Include significant achievements, employment and educational accomplishment. Provide detail about charitable and civic activities.
• Maintain a good record.
• The governor will forward the petition to the Parole Board for investigation.
• A recommendation from the Parole Board, attorney, general or sentencing judge, prosecuting attorney or the corrections secretary may be required.
• If denied, it is not possible to reapply for four years following the date of the first application. Pardon Guideline §V.F.Pardons are granted infrequently. Visit the governor’s website. For more information write to: Marcus Blais Assistant General Counsel Office of the Governor State Capitol Building, Suite 400 Santa Fe, NM 87501 505-476-2200.
So, there you have it. Three separate ways to get rid of your record in New Mexico. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
