Legal Question in Criminal Law in New Mexico

Past Case

Yes i had a case back in 2003 for domestic violence and i am trying to see if i can get this cased sealed or removed from my record, due to the fact that im a plumber and trying to get employment and since they do back ground checks this is holding me back from getting a badge to work. The case has since been closed and i have met all obligations required. What can i do?


Asked on 9/17/08, 11:53 am

2 Answers from Attorneys

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

Re: Past Case

(1) you can petition the court of conviction to have your case sealed, although there is no legal authority for such in NM and it is seldom done; the record of your sealed case would still be publicly available; (2) you can petition for expungement, although such is seldom granted and there is no legal authority for it in NM; (3) you can petition the governor for a pardon, which is seldom granted.

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Answered on 9/17/08, 11:58 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Past Case

Do you have a client or former client whose life would be improved by a pardon? UNM law students will be doing pardon petitions for a limited number of selected eligible ex-felons completely GRATIS. Lawyers may contact Professor Elizabeth Rapaport, supervisor of this special project, at Email: [email protected]. Petitions will be developed and submitted this spring (2009) . UNM School of Law is now selecting pardon seekers it will represent. For best consideration please contact her by Dec. 1st. She will keep the list open until it reaches capacity. Only felons, not misdemeanants, are eligible for NM pardons, provided that they are a stipulated number of years past discharge from prison and all supervision:

5 years for a 4th degree felony

6 years for a 3rd degree felony

7 years for a 2nd degree felony

8 years for a 1st degree felony

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Answered on 9/17/08, 1:17 pm


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