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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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In 1996 friend living in New Mexico was convicted of 4th degree

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In 1996 friend living in New Mexico was convicted of 4th degree felony on 4 accounts: 2 were intent to distribute and 2 were procession of drug (marijuana). The charges were reduced to 2 counts after deferred sentencing. However his attorney had promised him that if he completed his probation that these charges would be expunged from his records. Unfortunately, this never happen and almost thirteen years later his records still show that he is a felon. He has not gotten into any more trouble and has become an up standing citizen. He has a master's degree in education, married with 2 children and has purchased a beautiful home. He has committed his life to God and raises his children that way. According to him and his mother his attorney was busted shortly after his release from probation for drug trafficking (Cocaine). Is there anyway that these charges can be removed from his records. He wants to teach in math in the public school but with these charges hanging over his head it is not possible. Please contact me of this matter.
Thank you

Yvonne Edge
XXX-XXX-XXXX XXX@XXXXXX.XXX
Submitted: 4 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 4 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney, former Assistant District Attorney, and member of the American Bar Association.

 

What your friend needs to do is have his criminal record expunged. I am unable by rules of justanswer.com to contact you directly, but I can give you all the information you need to know right here!

 

How to obtain an expungement is a common question and one in which I have handled in my private practice many times over. It is always helpful to have an attorney, but an Motion for Expungement of Criminal Record can be done pro se (without an Attorney). Follow the steps below should you decide to proceed absent an attorney's guidance:

 

(1) First, note the expungement motion will need to be filed in the county court, at the clerk of courts office, in which your conviction resulted.

 

(2) Entitle the motion in bold and underline as I have done in the paragraph above.

 

(3) Include your name and the previous docket number (if you can remember it).

 

(4) In numbered paragraphs list the following information: (1) Your name and current address. (2) The crime(s) you were charged with in the previous offense. (3) The date of conviction. (4) The sentence handed down by the court; include the amount of restitution and any probationary time you served. (5) State the reason you are looking for an expungement and state the amount of years which have gone by without any contact with the criminal justice system. (6) State "Wherefore, the Defendant prays this Honorable Court grant Defendant's request for expungement of his/her criminal record."

 

(5) As stated above, this motion will need to be filed in the jurisdiction in which your conviction arose. The original will go to the clerk of courts. You should have a copy for yourself and the District Attorney's Office as well.

 

And that is it. The motion will then go in front of a judge who will determine whether or not an expungement is appropriate. The considerable amount of time that has gone by since your contact with the criminal justice system will certainly work in your favor.

 

I hope this helps! Please, click "Accept" if you have found my answer helpful so I may be given credit for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!!

 

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
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