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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113508
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband was charged with 4th degree felony false

Customer Question

my husband was charged with 4th degree felony false imprisonment in New Mexico, the DA has dismissed the charges there is NO conviction, because of this he is no longer eligible to work as a probation officer or any city, county or state agecy, is there a way to get this charge removed or sealed so he is employable?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, even though the case was dismissed and can indeed be expunged under NM law, the problem is that expungements do not completely hide the record and law enforcement and government entities are still allowed access. So even if he expunges the record, the agencies can still see it and they can still, if they choose (it is discretionary since it is not a conviction and not an absolute bar to him being a probation or law enforcement officer, it is up to each agency) use it to deny him employment.

I am afraid that is all he can do, since this is a non-conviction, is get an expungement and then appeal to each individual agency based on it not being a conviction (only convictions are absolute bars to employment as a probation or law enforcement officer).

Customer: replied 1 year ago.
Ok, so is there a waiting period to apply for an expunge and what kind of fee is involved?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

There is no waiting period for the expungement. It will cost him for an attorney to file the expungement, which is about $1500 or so.

Customer: replied 1 year ago.
Are you in Albuquerque and is something you would be interested in helping us with?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I must apologize, but I am afraid that state law forbids anyexpert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com