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AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 591
Experience:  Criminal Defense and Family law Attorney serving California statewide
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If a felony (interference with mail) was committed 24 years

Resolved Question:

If a felony (interference with mail) was committed 24 years ago, two years probation served (no jail time), can that be expunged from my record or pardoned now?

I am 58 yrs old now and work for the federal government but I want to transfer to a different department and there is a requirement that I be able to inventory and store firearms.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

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.


AttyCBradford :

You will need to show that there are exceptional circumstances, generally only misdemeanors are expungeable in NM

Customer:

does the fact that I lived in Kansas when the offense was committed change anything? can it be done through kansas?

Customer:

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:



  • A person who has been convicted of a felony offense by a court of the United States or of any of its states or political subdivisions;

     



  • And less than ten years have passed since the person completed serving his sentence or period of probation for the felony conviction, whichever is later;

     



  • And the person has not been pardoned for the conviction by the appropriate authority;

    And the person has not received a deferred sentence.



Customer:

It has been more than ten years since conviction.

Customer:

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 ineligible
to 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 with
pardon or restoration of rights by Governor. §31-13-1(C); see also Op. N.M. Att’y
Gen. No. 70-85 (1970).
Firearms: Firearm restoration is automatic ten years following the conviction, or
upon 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, in
appropriate cases, release a person from the provisions of § 30-7-16 if the
conviction is a New Mexico conviction, but not a conviction under the laws of the
United States or another state. Firearms rights also restored when sentence
deferred and charged dismissed pursuant to § 31-20-9.

AttyCBradford :

Yes it does completely.... that is where you will need to take care of it.

AttyCBradford :

(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.

AttyCBradford :

That is the Kansas statute, based on the information provided you qualify. You will need to file a petition for expungement in Kansas

AttyCBradford :

Here is a sample

AttyCBradford :

http://www.kansasjudicialcouncil.org/Documents/Expungements/Conviction%20&%20Arrest/PDF/Petition_for_Expungment_(Conviction%20or%20Diversion).pdf

AttyCBradford :
Customer:

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.

AttyCBradford :

You would need to contact the court in which you were convicted :)

AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 591
Experience: Criminal Defense and Family law Attorney serving California statewide
AttyCBradford and 3 other Criminal Law Specialists are ready to help you

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