Expungement of a criminal conviction record is very difficult, and in New Mexico very rare. In order to obtain an expungement, the defendant must show "extraordinary circumstances" justifying the expungement.
As it happens, this is a near impossible standard in New Mexico as the law now stands since it appears that to show "extraordinary circumstances" necessary for an expungement, the defendant would have to show inaccuracies in her criminal record, constitutional violations suggesting unlawful arrest, and/or a wrongful conviction.
You will need to show that there are exceptional circumstances, generally only misdemeanors are expungeable in NM
does the fact that I lived in Kansas when the offense was committed change anything? can it be done through kansas?
In addition, does the following imply that I may be able to handle firearms in this state:
It is unlawful for a felon to receive, transport, or possess a firearm.
Felon is defined as:
And the person has not received a deferred sentence.
It has been more than ten years since conviction.
I don't understand. Doesn't this law and the above indicate that pardons can be granted? Doesn't the following imply that it is automatically done after ten years?
NEW MEXICO:I. Automatic Restoration of Rights:Civil Rights: Persons convicted of “a felonious or infamous crime” are ineligibleto vote and hold office unless restored to political rights. N.M. Const. art. VII, §§1, 2. Right to vote restored automatically upon completion of sentence. N.M.Stat. Ann. § 31-13-1(A). Right to hold office or employment restored only withpardon or restoration of rights by Governor. §31-13-1(C); see also Op. N.M. Att’yGen. No. 70-85 (1970).Firearms: Firearm restoration is automatic ten years following the conviction, orupon an express restoration of firearm rights in a pardon. N. M. Stat. Ann. § 30-7-16; see Op. N.M. Att’y Gen. No. 92-09 (1992). The governor may, inappropriate cases, release a person from the provisions of § 30-7-16 if theconviction is a New Mexico conviction, but not a conviction under the laws of theUnited States or another state. Firearms rights also restored when sentencedeferred and charged dismissed pursuant to § 31-20-9.
Yes it does completely.... that is where you will need to take care of it.
(1) Except as provided in subsections (b) and (c), any person convicted in this state of a traffic infraction, cigarette or tobacco infraction, misdemeanor or a class D or E felony, or for crimes committed on or after July 1, 1993, nondrug crimes ranked in severity levels 6 through 10 or any felony ranked in severity level 4 of the drug grid, may petition the convicting court for the expungement of such conviction or related arrest records if three or more years have elapsed since the person: (A) Satisfied the sentence imposed; or (B) was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.
That is the Kansas statute, based on the information provided you qualify. You will need to file a petition for expungement in Kansas
Here is a sample
Thanks for your help. It is a step in the direction I want to go. I am not aware of how I would go about find a Final Discharge Date. It is not listed on my FBI arrest record.
You would need to contact the court in which you were convicted :)
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