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LegalKnowledge, Attorney
Category: Legal
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Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Failure to pay

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I was arrested this morning for "failure to pay" on a traffic violation from back in Nov 2012. I was booked into county jail & bonded out by my wife within 1 hour of the arrest.  I have proof of payment of said violation that I paid within several weeks of the ticket.  The court clerk admits to a mistake, but I want to know: How do I get this unnecessary arrest off my record?  I don't want to have to ever say that I was arrested.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. You can have this expunged, once the matter is resolved. You would need to contact the New Mexico Department of Public Safety.

Petition to expunge arrest information:

A. A person may petition the department to expunge arrest information on the person's state record or federal bureau of investigation record if the arrest was for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude. If the department cannot locate a final disposition after contacting the arresting law enforcement agency, the administrative office of the courts and the administrative office of the district attorneys, the department shall expunge the arrest information.

B. As used in this section:

(1) "expunge" means to remove a notation of an arrest placed on a person's state record or federal bureau of investigation record; and

(2) "final disposition" means a final outcome following arrest, including nolle prosequi, a dismissal, a decision to not file charges, a referral to a pre-prosecution diversion program, placement on probation or imposition of a fine.

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Hi Josh. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

Do you recommend that I obtain legal representation to facilitate the expunging of my record? I am concerned with having to report this unnecessary arrest to my professional licensing board.

Yes. I think you may want to retain counsel now, to resolve the pending issue on your behalf and then get them to assist with the expungement. Seeing that you are licensed, you want to make sure everything is done properly and your best interest is represented.
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