Legal Question in Criminal Law in New Mexico

How do I clear myself of issues listed on background checks?

I had a horrible marriage over 8 years ago. My ex and I had been through many police visits due to his violent behavior. One of the last ''blowups'' the police were called. I told them what happened and he did his usual, ''She beat me up'' victim story. We both showed up in court and said we were divorced now and wanted to forget this whole mess. The judge said her usual and told us that we should move on and that everything will be dismissed. Now I apply for a job and there's this battery/Domestic Violence complaint that was never deleted. Nothing ever was taken off. I called the court and she said it's just sitting there and I'd have to wait till their system purges or ask an attorney how to get it off. How to I get rid of this horrible haunting this man has bestowed upon me? I desperately want this job but when they run the check they'll look down on me. HELP!!


Asked on 12/28/04, 6:19 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: How do I clear myself of issues listed on background checks?

Old Complaints such as you describe may be dismissed if no action has been taken. They do not automatically disappear. The Court record can be corrected; the arrest records will remain. You would probably be wise to retain a lawyer to handle the matter for you, as a system purge could take months or years.

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Answered on 12/29/04, 9:35 am


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