Expungement Attorney in Española, New Mexico – Española 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 Española, 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 Española, 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 Española

Española /ɛspənˈjoʊlə/, also known as Espanola (without the tilde), is a city primarily in Rio Arriba County, New Mexico, in the United States. A portion of the central and eastern section of the city is in Santa Fe County. Española was founded in 1880 as a railroad village and incorporated as a city in 1925. The city is situated in an area Juan de Oñate declared a capital for Spain in 1598. Española has been called the first capital city in America. At the 2010 census, the city had a total population of 10,495. Española is within the Albuquerque – Santa Fe – Las Vegas combined statistical area.

Española was referred to as 'La Vega de los Vigiles' (Vigil's Meadow) before the presence of railroads. It is believed that the town that began as Española was named by railroad workers. At the time of railroad construction, a small restaurant in the area was nicknamed "La Española". This was because of the large presence of Spanish women in the area. The name became official by 1900 and Española became a small railroad town. Before the railroads, this is where Spanish and Native American people had settled for hundreds of years, making a living from farming along the Rio Grande.

The Española area (known as the "San Juan Valley" to the early Spaniards) is also known as the first European-founded capital of the "New World." The region was explored In 1598 by Don Juan de Oñate. He declared the area a capital for Spain, the area of Don Diego de Vargas' new villa at Santa Cruz. Oñate arrived in the Española area on July 11, 1598, at the confluence of the Chama River and the Rio Grande, where he established a camp at a place then called Yunque-Yunque. He created a Spanish settlement in an area already inhabited by the indigenous descendants of the Anasazi.

Present-day Española was founded in 1880, with the introduction of the Denver and Rio Grande Western Railroad. In early 1880, the famous railroad which ran predominantly through the Rocky Mountain region announced a route extension of its narrow gauge into northern New Mexico. The line was built along the Rio Grande, and later was known as the Chili Line. The route would extend into what today is the downtown Española area, and the railroad began selling lots in the area. Anglo merchants, mountain men, and settlers slowly filtered into Española. Frank Bond and his brother George, who were canadian emigrants would later arrive in the city, together they established the state's largest mercantile and a multi–million dollar wool empire, with them came economic growth and prominence. Española was the headquarters for all the Bond family interests which included over 12 businesses across New Mexico.

In 1998, Española celebrated the 400th anniversary of the colonization by the Spanish and the founding of the first permanent European colony in North America. The event was celebratory for some and controversial for others; on January 5, 1998 someone cut the foot off a sculpture of Juan de Oñate in the Oñate Monument Visitors Center. A group calling itself Brothers of Acoma claimed responsibility.

The Los Alamos National Laboratory in Los Alamos is the largest employer in Española, it accounts for over 12% employment of residents. The education sector is the second largest employer, the Española Public Schools is the 16th largest school district in New Mexico. Recently, Northern New Mexico College has expanded its degree programs and made massive improvements to its campus, adding a new library and a new School of Education. Larger local businesses include Akal Securities Inc, a security company that employees over 500 people.

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