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Have previous criminal record in NM with deferred sentence…

Have previous criminal record...

Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done but not sure about laws in NM for this process. Any thoughts?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

NM New Mexici

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it

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Answered in 5 minutes by:
7/10/2017
Ely
Ely, Counselor at Law
Category: Criminal Law
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Was this state or federal court, please?

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Customer reply replied 11 months ago
State
Customer reply replied 11 months ago
Prefer not to call please
Customer reply replied 11 months ago
Hello? Are we still connected?

Thank you. I am afraid an expungement is NOT possible for a conviction.

A party in your situation may wish to file for what is known as a PARDON. Essentially, New Mexico may pardon your conviction. See HERE on how to file.

Now, there is no right for a pardon - it is at the state's discretion. The good news is that while many are denied, because you were young and it has been a long time and this is a relatively minor matter, this is a better chance than most provided no criminal record has was had afterwards.

Contact:

Marcus Blais
Assistant General Counsel
Office of the Governor
State Capitol Building, Suite 400
Santa Fe, NM 87501(###) ###-####

A pardon does not erase a conviction. However, it lessens the stigma associated with it and most employers treat it as though it was not there. Your civil rights would also be restored, if they were marginalized.

However, a pardon does not mean that the conviction can be erased.

See United States v. Reese, No. 33,950, N.M. Sup. Ct. (May 1, 2014) for more. I hope this helps and clarifies. Best of luck.

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Ely
Ely, Counselor at Law
Category: Criminal Law
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