Expungement Attorney in Carlsbad, New Mexico – Carlsbad 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 Carlsbad, 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 Carlsbad, 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 Carlsbad

Carlsbad (/ˈkɑrlzbæd/ karlz-bad) is the county seat of Eddy County, New Mexico, United States. As of the 2010 census, the city population was 26,138.

Carlsbad is centered at the intersection of U.S. Routes 62/180 and 285, and is the principal city of the Carlsbad-Artesia Micropolitan Statistical Area, which has a total population of 55,435. It is a hub for potash mining, petroleum production, and tourism. Carlsbad Caverns National Park is located 18 mi (29 km) southwest of the city and Guadalupe Mountains National Park lies 40 miles southwest across the Texas border. Carlsbad has approximately 1,400 acres of park space within city limits often utilized for special events and sporting activities.

Development of Southeastern New Mexico in the late 19th century was fueled by the arrival of colonies of immigrants from England, Switzerland, France, and Italy. Located along the banks of the Pecos River, Carlsbad was originally christened the town of Eddy on September 15, 1888 and organized as a municipal corporation in 1893; the settlement bore the name of Charles B. Eddy, co-owner of the Eddy-Bissell Livestock Company.[2] With the commercial development of local mineral springs near the flume for medicinal qualities, the town later voted to change its name to Carlsbad after the famous European spa Carlsbad, Bohemia (now Karlovy Vary, Czech Republic). On March 25, 1918, the growing town surpassed a population of 2,000, allowing then-governor of New Mexico Washington Ellsworth Lindsey to proclaim Carlsbad a city.

Key to the growth of the area were special excursion trains that brought visitors from the east at reduced fares. Even before the railroad was completed from Pecos in 1891, travel parties met at the railroad station in Toyah, Texas and were driven by buggy 90 miles over a rough, dusty road to this small but growing settlement on the banks of the Pecos River. Most of the early construction in Carlsbad was completed with locally manufactured bricks. The bricks were quite soft and of poor quality. The former First National Bank building at the corner of Canal and Fox streets is one of the few remaining buildings constructed with the local brick. The re-discovery of Carlsbad Caverns (then known as "Bat Cave") by local cowboys in 1901 and the subsequent establishment of Carlsbad Caverns National Park on May 14, 1930 gained the town of Carlsbad substantial recognition.

In 1925, potash was discovered near Carlsbad and for many years Carlsbad dominated the American potash market. Following the decline of the potash market in the 1960s, the residents and leaders of Carlsbad lobbied for the establishment of the Waste Isolation Pilot Plant (WIPP), a site where low level nuclear waste would be stored thousands of feet underground in salt beds. Congress authorized the WIPP project in 1979 and construction began in 1980. The DOE Carlsbad Area Office opened in 1993 and the first waste shipment arrived in 1999.

The economy of the Carlsbad area is based primarily on the mineral extraction sector; the city overlies the rich oil- and gas-producing formations of the Permian Basin and produces more potash than any other location in the United States. Carlsbad is home to the DOE's Carlsbad Field Office which operates the Waste Isolation Pilot Plant to safely store the transuranic nuclear wastes from the nation's defense sites. Tourism is a major factor with Carlsbad Caverns National Park, Guadalupe Mountains National Park, Lincoln National Forest, the Living Desert Zoo and Gardens State Park, and the annual Christmas on the Pecos Light Show all located within fifty miles of the city.