A criminal record can continue to impact you for years, affecting your job prospects, where you can live, and even your personal relationships. Expungement offers you the chance to begin again by sealing your criminal record from public view. Working with an experienced criminal defense attorney could make this process easier. An Albuquerque expungement lawyer at Duran & McDonald could help you through the expungement proceedings.
Expungement is the process of legally sealing your arrest and conviction records. If you do this successfully, they will not appear in standard background checks. Employers, landlords, and the general public cannot access what has been sealed. State law allows for the expungement of various offenses in Albuquerque, including misdemeanors, certain felonies, and arrest records where you did not receive a conviction.
Several factors determine eligibility for lawfully sealing criminal records. For example, the type of offense matters significantly. You cannot typically expunge violent crimes and sex offenses, but property crimes, drug offenses, and non-violent misdemeanors often qualify. For misdemeanors, you usually wait one year after completing your sentence. Felonies may require longer waiting periods. Completion of all sentence requirements is mandatory, including jail time, probation, fines, and restitution. Arrest records without a conviction are commonly expunged, including dismissed or reduced charges or those that resulted in an acquittal.
The process begins with obtaining your complete criminal record. Your Albuquerque expungement attorney reviews records to identify offenses that qualify. Next, the attorney files a petition with the court that handled your case. The district attorney receives notice and has the option of filing an objection, in which case a hearing may be scheduled. The judge then makes the final decision.
The process typically takes three to six months, but complex cases or prosecutor objections could extend this timeframe. The preparation time varies depending on the complexity of the record, and court scheduling affects the overall timeline as well. Your attorney will monitor the case to remove your criminal record from public view and work to achieve a timely resolution.
Employment opportunities expand significantly after expungement, as most employers cannot see sealed records during background checks.
However, successfully expunging your records is not always simple. Incomplete records, including missing documents or incorrect information, can cause frequent delays and may complicate the process. Additionally, prosecutor opposition can impede your attempts at sealing your records. Having criminal records in more than one jurisdiction could present unique challenges and require multiple petitions. An Albuquerque defense lawyer experienced in expungement could help you manage these challenges efficiently.
Once granted, expungement orders are sent to relevant agencies, including law enforcement, courts, and background check companies. After a successful expungement, you can legally deny the expunged conviction in most situations. However, there are exceptions, such as specific government applications and law enforcement inquiries. Maintaining a clean record after expungement is also very important.
The state’s expungement law is complex and varies depending on the case type. Self-filing often results in denied petitions, and technical errors or incomplete documentation can lead to rejection. Our experienced attorneys are familiar with the local court procedures. We understand the criteria judges use when deciding on these petitions. This knowledge significantly improves your chances of approval.
If you are ready to clear your record and move forward, contact Duran & McDonald for a consultation. Our firm helps clients throughout the state achieve the new beginning they deserve. Consult an Albuquerque expungement lawyer now.
