Legal Question in Criminal Law in New Mexico

statute of limitations

My husband was arrested and falsely charged with CRIM SEXUAL PENETRATION (FORCE/COERCION) (GBH/GMA) back in 2003. In 2005 they dropped it with a Nolle Proseque. I was told that since they were first degree felonies with moral trepitude it was a life sentence and that a statute of limitations doesn't apply. Is that correct? If that is true I guess it will never be able to be expunged. false allegations based on lies. We are stuck.


Asked on 3/06/09, 11:11 pm

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

Re: statute of limitations

New Mexico does not presently have a procedure for expunging old arrest/court records. There is a bill pending before the current legislature to provide such a process. Check back at the end of the legislative session to see if it became law an may provide an answer for your concerns.

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Answered on 3/07/09, 11:03 am


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