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Albuquerque Criminal Attorneys on Removing a Felony from Your Record
28 Dec 2015

Albuquerque Criminal Attorneys on Removing a Felony from Your Record

Albuquerque Criminal LawyerThe first consideration is to understand that a felony does not automatically disappear or fall off your record with the passage of time; you must pursue an expungement proceeding with the goal of having a judge order your record to be destroyed, eliminated or sealed. The second consideration is that there are numerous negative consequences of a felony on your record. The third consideration is that in New Mexico, expungement is very difficult to do.

Statutory Proceedings

Although New Mexico statute sets the conditions where expungement may be possible for a misdemeanor offense or a petty misdemeanor offense involving moral turpitude, an Albuquerque criminal defense attorney can explain that there is no corresponding statute for a felony arrest. There are, however, court cases that have established the basis for the possibility of an expungement.

A Dismissal or a Conditional Plea Are Not Excluded

If the charges against you were ultimately dropped or if you entered a conditional plea, completed the required court-ordered program and the charges were withdrawn, your record will nonetheless show a felony. According to an experienced Albuquerque criminal defense attorney, these situations exhibit the difference between no finding of guilt and a showing of innocence. Under New Mexico law, it is the latter, higher standard that is applied.

Hardship Is Not Grounds for Expungement

The primary hardship you are likely facing is the great difficulty in gaining employment with a felony on your record. Case law has established that hardship is not sufficient but that you must show “extraordinary circumstances” in order for an expungement to be granted.

Practical Considerations

Although expungement of a felony record is an uphill battle, you may have grounds if you can demonstrate:

  • An inaccuracy in your criminal record
  • A constitutional violation in your arrest
  • Your actual innocence

Contact Albuquerque Criminal Attorneys for Legal Advice

The implications of a criminal conviction can be devastating and long lasting. It is important to establish a vigorous defense at the earliest opportunity. To explore the options you may have in your case, call the Twohig Law Firm for our dedicated Albuquerque criminal attorneys at (505) 898-0400.


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