Expungement Attorney in Silver City, New Mexico – Silver City 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 Silver City, 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 Silver City, 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 Silver City

Silver City is a town in Grant County, New Mexico, in the United States. In 2012, the town population was 10,273. It is the county seat of Grant County. The city is the home of Western New Mexico University.

The valley that is now the site of Silver City once served as an Apache campsite. With the arrival of the Spaniards, the area became known for its copper mining. After the American Civil War, a settlement developed and became known as la Ciénega de San Vicente(the Marsh of St. Vincent). With a wave of American prospectors, the pace of change increased, and Silver City was founded in the summer of 1870. The founding of the town occurred shortly after the discovery of silver ore deposits at Chloride Flat, on the hill just west of the farm of Captain John M. Bullard and his brother James. Following the silver strike, Captain Bullard laid out the streets of the Silver City, and a bustling tent city quickly sprang to life. Although the trajectory of Silver City's development was to be different from the hundreds of other mining boom towns established during the same period, Captain Bullard himself never lived to see even the beginnings of permanence, as he was killed in a confrontation with Apache raiders less than a year later, on February 23, 1871.

The town had originally been designed with the streets running north to south. The town was also built in the path of normal water runoff. Businesses sprang up, and people learned to deal with the inconveniences of the summer rain. Silver City was built with high sidewalks in the downtown area to accommodate high flood waters. Meanwhile, uncontrolled cattle grazing thinned down plant life on hills surrounding the town, as did deforestation. During the night of July 21, 1895, a heavy wall of water rushed through the downtown business district, leaving a trail of destruction. A ditch 55 feet (17 m) lower than the original street level was created in what was once known as Main Street. Businesses on Main Street began using their back doors on Bullard Street as main entrances and eventually, were permanently used as the new front entrances. To this day, the incorrect odd/even addressing conventions on the east side of Bullard Street are a reminder that the buildings were addressed on Main Street originally, not Bullard Street. Main Street now ends near the back of the Silver City Police Station, where the Big Ditch Park begins.

The local geology of the Silver City area is complex. Sedimentary gravels are found in the form of alluvial gravels called the Mangas Valley gravels. Metamorphic schist and gneiss is also found. The downtown area is mostly made of granite outcrops. Silver City lies just east of the continental divide.

Silver City was founded as a mining town. George Hearst built a smelter after the Silver City, Deming and Pacific narrow gauge railway reached Silver City in 1883. The Santa Fe Railroad provided standard gauge rail service in 1886; and Commanche Mining and Smelting extended the 2-foot narrow gauge Silver City, Pinos Altos and Mogollon Railroad to Pinos Altos in 1906.