You may obtain a RAP sheet from the New Mexico Department of Public Safety at.
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Everyone has the right to a free online criminal background check once per year under the federal Fair Credit Reporting Act.New Mexico courts has an online case lookup system at.You may obtain your criminal background from several different sources, although the courts may require a specific type of background check for expungement purposes. Misdemeanor aggravated battery or 4th degree felony convictions.ġst degree felony convictions or a conviction under the Crimes Against Household Members Act. Municipal ordinance or misdemeanor convictions. Non-convictions (felony or misdemeanor) including conditional discharge, pre-prosecution diversion, nolle, acquittals, etc.
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In the Second Judicial District (Bernalillo County), you may download forms and instructions specific to that district by visiting. The New Mexico Courts website has forms and instructions that may be downloaded depending on the type of case you seek to expunge. Where can I find the forms to get started? In addition, the Volunteer Attorney Program through New Mexico Legal Aid and the State Bar of New Mexico may be able to connect you with legal services in your area. The District Court in your area may have a self-help desk that provides assistance with completing forms and you can learn more by visiting. If you cannot afford an attorney, there may be legal assistance available. The ACLU cannot recommend specific lawyers for legal assistance, however you may visit the New Mexico State Bar website at for a list of attorneys that may provide legal assistance. Am I required to have a lawyer to expunge my record? The ACLU of New Mexico is unable to provide legal assistance for expungement of criminal records. What are the exceptions?Ĭonvictions for the following offenses are not eligible for expungement: DWI, Embezzlement, Sex Crimes (requiring registration), Crimes Against Children, and Violent Offenses resulting in Great Bodily Harm or Death of Another. Misdemeanor and felony dismissals, acquittals, and convictions with certain exceptions. These “collateral consequences” include housing, employment, occupational licenses, immigration, and many others.
The American Bar Association estimates there are 48,000 ways a person can be affected by a criminal record in the U.S. District Attorneys and certain employers requiring security clearance may still have access to expunged records. A person whose record is expunged may answer “no” when asked if they have ever been arrested or convicted.
In New Mexico, expunged records are removed from public view and are no longer reported on background checks.
Convictions, dismissals, even mere arrests are public record and generally remain a public record unless they are somehow removed. – about 1 in 3 Americans – has a criminal record that will show up on a routine background check.