An arrest or conviction can severely affect a person’s life long after they finish their sentence. Expunging a criminal record provides a possibility for a fresh start. It can remove barriers to key opportunities in education, jobs, and housing vital for a better future. However, it’s not an option for everyone, and it can take years before someone can begin the process.
In New Mexico, the Criminal Record Expungement Act can seal criminal records but doesn’t erase all traces of them. Certain government agencies and courts can still access the documents for legal purposes. Public information like news articles and social media posts will also remain available. But knowing that it won’t show up on official background checks can provide some welcome relief.
Which offenses aren’t expungable?
You can file for expungement only after completing your sentence and paying all fees and fines. However, it’s not an option for those charged with serious crimes, including:
- Offenses against minors
- Offenses that caused serious injuries or death
- Sex offenses
- Embezzlement
- Sex crimes
- DWI
If eligible, the person must stay conviction-free while waiting to file for expungement. They can file a petition in the district court where the legal process occurred, but only after a designated period.
How long is the waiting period for expungement?
The assigned judge considers several elements when granting a petition. However, the waiting period before application varies depending on the crime’s severity. Here are the classifications for offenses and waiting periods:
- Identity theft: If you’ve been identified in arrest records or public records as a result of identity theft, you can file your petition at any time.
- Non-convictions: A year after the disposition date
- Ordinance or misdemeanor convictions: Two years after completing the sentence
- Misdemeanor aggravated battery or fourth-degree felony convictions: Four years after completing the sentence
- Third-degree felony convictions: Six years after completing the sentence
- Second-degree felony convictions: Eight years after completing the sentence
- First-degree felony convictions or a conviction under the Crimes Against Household Members Act: 10 years after completing the sentence
Qualifying under the strict criteria for expungement can take years alone. That’s a significant amount of time petitioners don’t want to waste. In New Mexico, petitioners must consult a criminal law attorney. It ensures they meet all legal requirements and strengthens their case.