New Mexico Motion for New Trial for Purpose of Expunging Criminal Record

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Multi-State
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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

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.

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.

The Criminal Record Expungement Act in New Mexico The new law (known as Criminal Record Expungement Act or CREA for short) allows the following: Expungement of cases that were dismissed (all but a small category) after a one-year waiting period, providing no new charges are pending against the individual.

Open carry is legal in New Mexico without a license for anyone at least 19 years of age who can legally possess a firearm. Some areas are off-limits, including tribal land and places that sell hard liquor.

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.

Firearm Eligibility Any convicted felon ing to New Mexico law shall be restricted to the use of archery equipment only. Per New Mexico statute 30?7?16 NMSA 1978, firearm includes any handgun, rifle, muzzleloader or shotgun.

Under state law, New Mexico prohibits people who have been convicted of felonies from receiving, possessing or transporting a firearm within ten years of completing a sentence or probation. New Mexico also prohibits any person under age 19 from knowingly possessing or transporting a handgun.

§ 30-7-16(A)), a felon's right to possess firearms is restored after the passage of 10 years following completion of the imposed sentence.

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New Mexico Motion for New Trial for Purpose of Expunging Criminal Record