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Can I be pardoned for a 3rd degree felony. I. Charges were…

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Can I be pardoned...

Can I be pardoned for a 3rd degree felony

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

I

Lawyer's Assistant: In what state did this occur?

Charges were filed in 2008 in new Mexico

Submitted: 4 months ago.Category: Criminal Law
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Answered in 3 minutes by:
3/16/2018
Criminal Lawyer: RobertJDFL, Lawyer replied 4 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 15,206
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. To clarify, were you convicted of this felony? If not, what was the final disposition (e.g., found not guilty, case dropped/dismissed, etc)? And what was the exact charge, please?

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Customer reply replied 4 months ago
4th or subsequent dwi convicted in 2009 released early 2011
Criminal Lawyer: RobertJDFL, Lawyer replied 4 months ago

Thank you for your reply.

The reason I was asking is every state has different laws regarding the expungement or sealing of records. New Mexico is perhaps one of the most stringent in the country. Outside of two very specific exceptions (first offense minor drug offenses and identity theft), criminal records may not be expunged under the Statutes of New Mexico.

Unfortunately, you are not eligible for a pardon. The pardon power rests exclusively with the governor. N.M. Const. art. V, § 6 (“Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.”); see also N.M. Stat. Ann. § 31-13-1(E).

The general rules on pardons applied by Governor Susana Martinez are summarized on the New Mexico governor’s website at http://www.governor.state.nm.us/Pardon_Request.aspx.

Those who have completed their sentences and have been discharged from supervision may apply for a pardon, or for a pardon to restore civil rights. Pardon Guidelines, supra II; see also N.M. Stat. Ann. § 31-13-1(E). Per the guidelines established by Governor Martinez after her election in 2010, applicants seeking restoration of civil rights must remain free from arrest for five to twenty years following discharge from supervision, depending upon the seriousness of the offense. Pardon Guidelines § IV.Governor Martinez will not accept pardon applications for first degree felony convictions, or for misdemeanor domestic violence. Id. Similarly, “[s]exual offenders, habitual offenders (including multiple convictions for Driving Under the Influence of Intoxicating Liquors and/or Drugs, Assault or Battery Against a Household Member), multi-felony offenders, or offenders convicted of a crime of violence against a child are not eligible for a pardon.Id. § III.

Absent a change in the law -or a new governor being elected and changing the policy -you would not be eligible to seek a pardon at this time. I am so sorry. I do not believe this to be fair at all, but I can only tell you what the law says.

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Criminal Lawyer: RobertJDFL, Lawyer replied 4 months ago

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