Legal Question in Criminal Law in New Mexico

Can you get a misdemeanor dv arrest expunged, if you were not convicted.


Asked on 11/17/09, 9:14 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Probably.

29-3-8.1. Petition to expunge arrest information.

A. A person may petition the department to expunge arrest information on the person's state record or federal bureau of investigation record if the arrest was for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude. If the department cannot locate a final disposition after contacting the arresting law enforcement agency, the administrative office of the courts and the administrative office of the district attorneys, the department shall expunge the arrest information.

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Answered on 11/23/09, 12:51 pm


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