Expungement Attorney in Santa Fe, New Mexico – Santa Fe 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 Santa Fe, 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 Santa Fe, 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 Santa Fe

Santa Fe (/ˌsæntəˈfeɪ/; (Tewa: Ogha Po'oge, Navajo: Yootó)) is the capital of the U.S. state of New Mexico. It is the fourth-largest city in the state and is the seat of Santa Fe County. Santa Fe is also the oldest capital city in the United States. Santa Fe (meaning “holy faith” in Spanish) had a population of 69,204 in 2012. It is the principal city of a Metropolitan Statistical Area which encompasses all of Santa Fe County and is part of the larger Albuquerque-Santa Fe-Las Vegas Combined Statistical Area. The city’s full name when founded was La Villa Real de la Santa Fé de San Francisco de Asís (“The Royal Town of the Holy Faith of St. Francis of Assisi”).

Don Juan de Oñate led the first effort to colonize the region in 1598, establishing Santa Fé de Nuevo México as a province of New Spain. Under Juan de Oñate and his son, the capital of the province was the settlement of San Juan de los Caballeros north of Santa Fe near modern Ohkay Owingeh Pueblo. New Mexico's second Spanish governor, Don Pedro de Peralta, however, founded a new city at the foot of the Sangre de Cristo Mountains in 1607, which he called La Villa Real de la Santa Fé de San Francisco de Asís, the Royal Town of the Holy Faith of Saint Francis of Assisi. In 1610, he made it the capital of the province, which it has almost constantly remained, making it the oldest state capital in what is the modern United States. (Jamestown, Virginia, is of similar vintage (1607) but is no longer a capital, while San Juan, Puerto Rico is older (1521) but is a territorial, rather than a state, capital). Santa Fe is at least the third oldest surviving U.S. city in the 50 states that was founded by European colonists, behind the oldest St. Augustine, Florida (1565). (Although Santa Fe is not one of the oldest continuously occupied cities, as between 1680–1692 it was abandoned due to Indian raids. A few settlements were founded prior to St. Augustine but all failed, including the original Pensacola colony in West Florida, founded by Tristán de Luna y Arellano in 1559, with the area abandoned in 1561 due to hurricanes, famine and warring tribes. Fort Caroline, founded by the French in 1564 in what is today Jacksonville, Florida only lasted a year before being obliterated by the Spanish in 1565.)

The Republic of Texas had claimed Santa Fe as part of the western portion of Texas along the Rio Grande when it seceded from Mexico in 1836. In 1841, a small military and trading expedition set out from Austin, Texas, with the aim of gaining control over the Santa Fe Trail. Known as the Santa Fe Expedition, the force was poorly prepared and was easily captured by the Mexican army. In 1846, the United States declared war on Mexico, and Brigadier General Stephen W. Kearny led the main body of his Army of the West of some 1,700 soldiers into the city to claim it and the whole New Mexico Territory for the United States. By 1848 the U.S. officially gained New Mexico through the Treaty of Guadalupe Hidalgo.

The Spanish laid out the city according to the “Laws of the Indies”, town planning rules and ordinances which had been established in 1573 by King Philip II. The fundamental principle was that the town be laid out around a central plaza. On its north side was the Palace of the Governors, while on the east was the church that later became the Cathedral Basilica of Saint Francis of Assisi.

By an ordinance passed in 1957, new and rebuilt buildings, especially those in designated historic districts, must exhibit a Spanish Territorial or Pueblo style of architecture, with flat roofs and other features suggestive of the area's traditional adobe construction. However, many contemporary houses in the city are built from lumber, concrete blocks, and other common building materials, but with stucco surfaces (sometimes referred to as "faux-dobe", pronounced as one word: "foe-dough-bee") reflecting the historic style.

The city is well known as a center for arts that reflect the multicultural character of the city; it has been designated as a UNESCO Creative City in Design, Crafts and Folk Art. Each Wednesday the alternative weekly newspaper, The Santa Fe Reporter, publishes information on the arts and culture of Santa Fe; and each Friday, the daily Santa Fe New Mexican publishes Pasatiempo, its long-running calendar and commentary on arts and events.

After State government, tourism is a major element of the Santa Fe economy, with visitors attracted year-round by the climate and related outdoor activities (such as skiing in years of adequate snowfall; hiking in other seasons) plus cultural activities of the city and the region. Tourism information is provided by the convention and visitor bureau and the chamber of commerce.