Expungement Attorney in Albuquerque, New Mexico – Albuquerque Experienced Lawyers Expunging Your Record

If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else.

An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future.

There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement.

Expunging Your Conviction

Expungement in Albuquerque, New Mexico does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required.

Some infraction, misdemeanor, felony offenses can be expunged including:

• Drug possession and other drug related crimes
• Marijuana possession
• Domestic violence
• Theft
• Burglary
• Robbery
• DUI, DWI, driving under the influence of alcohol or drugs
• Prostitution & Sex Crimes
• Indecent exposure
• Stolen property offenses, petty theft, shoplifting
• Assault, assault with a deadly weapon, battery
• And much more... Please call 1-888-754-9877 to find out if you qualify.

Post-Conviction Relief

There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:

• Misdemeanor Expungement

Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.

• Felony Expungement

As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.

• Early Probation Termination

Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.

• Reducing Your Felony to a Misdemeanor

In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.

• Record Sealing

Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under Albuquerque, New Mexico Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing.

Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation.

Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed.

Contact Us to Get Started

An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family.

About Albuquerque

Albuquerque Listeni/ˈælbəˌkɜrkiː/ is the most populous city in the U.S. state of New Mexico. It is the county seat of Bernalillo County, and it is situated in the central part of the state, straddling the Rio Grande. The city population was 555,417 as of the July 1, 2012 population estimate from the United States Census Bureau, and ranks as the 32nd-largest city in the U.S. It has a 2012 estimated metropolitan population of 901,700 according to the US Census.Albuquerque is the 53rd-largest United States metropolitan area. The Albuquerque MSA population includes the city of Rio Rancho, Bernalillo, Placitas, Corrales, Los Lunas, Belen, Bosque Farms, and forms part of the larger Albuquerque – Santa Fe – Las Vegas combined statistical area, with a total population of 1,146,049 as of the 2010 Census. Albuquerque is at the southernmost end and the second largest city of the Front Range Urban Corridor, after Denver, which stretches from Albuquerque to Cheyenne, Wyoming and has a population of 5,467,633 according to the 2010 United States Census.

Albuquerque is home to the University of New Mexico (UNM), Presbyterian Health Services, Kirtland Air Force Base, Sandia National Laboratories, Lovelace Respiratory Research Institute, and Petroglyph National Monument. The Sandia Mountains run along the eastern side of Albuquerque, and the Rio Grande flows through the city, north to south.

It is generally believed that the growing village that was to become Albuquerque was named by the provincial governor Don Francisco Cuervo y Valdes in honor of Don Francisco Fernández de la Cueva y Enríquez de Cabrera, viceroy of New Spain from 1653 to 1660. One of de la Cueva's aristocratic titles was Duke of Alburquerque, referring to the Spanish town of Alburquerque.

The Alburquerque family name dates from pre-12th century Iberia (Spain and Portugal, being the old name of the Portuguese family Albuquerque) and is habitational in nature (de Alburquerque = from Alburquerque). The Spanish village of Alburquerque is within the Badajoz province of Extremadura region, and located just fifteen miles (24 km) from the Portuguese border. Cork trees dominate the landscape and Alburquerque is a center of the Spanish cork industry. Over the years, this region has been alternately under both Spanish and Portuguese rule. The name of the New Mexico city of Albuquerque is identical to the Portuguese spelling with only one 'r' of the family name in Portugal, probably due to Spanish or native local pronunciations.[verification needed] The name is Latin (Roman) in origin and from alba quercus or "white oak" (the wood of the cork oak is white after the bark has been removed). The seal of the Spanish village of Alburquerque is a white oak tree, framed by a shield, topped by a crown.

Albuquerque was founded in 1706 as the Spanish colonial outpost of Ranchos de Alburquerque. Present-day Albuquerque retains much of its historical Spanish cultural heritage.

Albuquerque was a farming community and strategically located military outpost along the Camino Real. The town was also the sheep-herding center of the West. Spain established a presidio (military garrison) in Albuquerque in 1706. After 1821, Mexico also had a military garrison there. The town of Alburquerque was built in the traditional Spanish village pattern: a central plaza surrounded by government buildings, homes, and a church. This central plaza area has been preserved and is open to the public as a museum, cultural area, and center of commerce. It is referred to as "Old Town Albuquerque" or simply "Old Town." Historically it was sometimes referred to as "La Placita" (little plaza in Spanish). On the north side of Old Town Plaze is San Felipe de Neri Church. Built in 1793, it is one of the oldest surviving buildings in the city.

Albuquerque's downtown entered the same phase and development (decline, "urban renewal" with continued decline, and gentrification) as nearly every city across the United States. As Albuquerque spread outward, the downtown area fell into a decline. Many historic buildings were razed in the 1960s and 1970s to make way for new plazas, high-rises, and parking lots as part of the city's urban renewal phase. As of 2010, only recently has downtown come to regain much of its urban character, mainly through the construction of many new loft apartment buildings and the renovation of historic structures such as the KiMo Theater, in the gentrification phase.

Albuquerque lies in the Albuquerque Basin, a portion of the Rio Grande rift.The Sandia Mountains are the predominant geographic feature visible in Albuquerque. "Sandía" is Spanish for "watermelon", and is popularly believed to be a reference to the brilliant coloration of the mountains at sunset: bright pink (melon meat) and green (melon rind). The pink is due to large exposures of granodiorite cliffs, and the green is due to large swaths of conifer forests. However, Robert Julyan notes in The Place Names of New Mexico, "the most likely explanation is the one believed by the Sandia Pueblo Indians: the Spaniards, when they encountered the Pueblo in 1540, called it Sandia, because they thought the squash growing there were watermelons, and the name Sandia soon was transferred to the mountains east of the pueblo." He also notes that the Sandia Pueblo Indians call the mountain Bien Mur, "big mountain."

Albuquerque lies at the center of the New Mexico Technology Corridor, a concentration of high-tech private companies and government institutions along the Rio Grande. Larger institutions whose employees contribute to the population are numerous and include Sandia National Laboratories, Kirtland Air Force Base, and the attendant contracting companies which bring highly educated workers to a somewhat isolated region. Intel operates a large semiconductor factory or "fab" in suburban Rio Rancho, in neighboring Sandoval County, with its attendant large capital investment. Northrop Grumman is located along I-25 in northeast Albuquerque, and TempurPedic is located on the West Mesa next to I-40.