A new Expungement Law is coming to New Mexico

An experience that makes business sense. From complex business transactions to “bet the company” business litigation, white-collar criminal defense to contracts, Business Law Southwest has a great depth and breadth of experience in business law. They work in all forums including federal, state, and local courts, as well as the United States Supreme Court. Beyond the courts, they also handle alternative dispute resolution including arbitration and mediation. Attorney David Richter discussed a new Expungement Law coming to New Mexico, and what steps you can take.

Effective January 1st, 2020, the new expungement law goes into effect in New Mexico. Expungement is the court-ordered legal process that seals or permanently erases a criminal conviction. If you have ever been convicted of a crime, arrested for a crime and not charged or suffered the misfortune of being the victim of identity theft, you know the stigma that having such information available through public records can bring.

Details of such events coupled with mugshot photos and the availability of such information via the internet and background searches can prove to be devastating to individuals who truly have learned from their mistakes and are trying to move forward.

Such criminal records can serve as barriers to employment, access to housing, security clearances, eligibility to adopt or foster children and more. All states offer a path to expungement in certain circumstances.

New Mexico’s process as of 2020 has been expanded. Specifically, the law allows for expungement in the following circumstances:

  • Expungement of Criminal Records due to identity theft.
  • Expungement of Criminal Records due to release without conviction.
  • Expungement of Criminal Records upon conviction.

Some specific crimes that do not qualify for expungement are:

  • Crimes against a child
  • Sexual offenses or those that caused great bodily harm or death
  • Embezzlement
  • DWI offenses

It should be noted that “qualifying” for an expungement does not necessarily mean someone will be awarded one by a judge. This is why it is important for citizens to utilize an attorney and make sure they have the best case possible ready to present to a judge. That is also why Business Law Southwest has made the service accessible and affordable for New Mexicans.

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