In New Mexico, expungements do not show up on background checks. An expungement is the removal from access to the general public of a notation of arrest, complaint, indictment, information, plea of guilty, conviction, acquittal, dismissal or discharge record, including a record posted on a publicly accessible court, corrections or law enforcement internet website. After obtaining an expungement in New Mexico, anyone who checks your background, such as employers, cannot see the information regarding a criminal conviction, charge, or arrest.
In This Post
This blog post helps you understand federal and state laws that apply to New Mexico expungements. I will also share what you can do to move forward under the New Mexico Criminal Record Expungement Act. If you have specific questions about your situation, speak with an expungement lawyer for legal advice.
Do Expunged Criminal Records Show Up on Background Checks?
The Fair Credit Reporting Act (FCRA) protects your rights after an expungement. It is a violation of the FCRA for background check companies to indicate that a case was expunged. The FCRA also oversees the accuracy of criminal background checks requested by commercial background check organizations.
Under 15 USC §1681e(b), they must use reasonable procedures to ensure the maximum possible accuracy contained within the report. As such, when you obtain an expungement, it should NOT show up on your credit report. However, strict federal laws protect you against inaccurate information.
You have the following rights if the information presented has adverse effects according to 15 USC §1681k and the FCRA:
- Notification of adverse public record reporting
- The name and address of the requesting party
- Strict procedures must be in place to ensure accuracy
- Employers must obtain your written consent to run a background check
- Rights to receive a copy of the report and dispute any errors within 30 days
- Rights to receive notification of an adverse action
While this list of rights sounds excellent in theory, you may be wondering how well they are enforced. You are guaranteed the right to an error-free background check. If a company does not meet the standards set forth, then you may have a separate claim against them for an FCRA violation.
Your expungement lawyer will provide you with legal advice when companies violate YOUR rights. You are protected when you have obtained an expungement in New Mexico.
Who Is Eligible To Get A Record Expunged?
The New Mexico Criminal Expungement Act provides an avenue for expungement for three different groups of people:
- Arrest or public records for those who were wrongfully identified as a result of identity theft. There is no waiting period and ALL offenses are eligible.
- A Person Who Was Charged but Not Convicted. Any offense that was disposed of without a conviction. A case that ends in an acquittal, finding of not guilty, Nolle, no-bill, or other dismissal, Pre Prosecution Diversion (PPD), Conditional Discharge or otherwise discharged are all examples of disposed of without a conviction. There is a one year waiting period and the person must not have any pending charges.
- A Person Who Was Convicted. A person who is convicted of a crime is subject to different eligibility requirements based on the offense(s) the he or she was convicted of. The next few paragraphs explain the rules regarding an expungement for a person who was convicted of a crime.
I Was Convicted – How to Get Your Criminal Record Expunged in New Mexico
There are eligibility requirements that you must meet to petition the court for an expungement under the New Mexico Criminal Record Expungement Act. The requirements include the related crime and how much time has passed.
The following types of convictions are not eligible for expungements:
- DWI offenses
- Embezzlement schemes
- Sex crimes
- Crimes against minors
- Violent offenses causing severe bodily harm or death
The following waiting periods apply as well:
- Misdemeanors: Two (2) years or more from the date of your sentence completion
- Fourth Degree Felonies: Four (4) years or more from the date of your sentence completion
- Third Degree Felonies: Six (6) years or more from the date of your sentence completion
- Second Degree Felonies: Eight (8) years or more from the date of your sentence completion
- First Degree Felonies: Ten (10) years or more from the date of your sentence completion
- Domestic Violence misdemeanors or felonies: Ten (10) years or more from the date of your sentence completion
It is also essential to recognize that eligibility permits you to file a court petition. It does not mean that a judge will grant it automatically, which is why an expungement lawyer can help.
Judges consider the following factors when granting an expungement:
- Type of offense
- Your work history
- Prior criminal records
- Time since sentence completion
- Prosecutor input
- Law enforcement entity input
Since there is much hope riding on an expungement, the process can quickly become confusing, frustrating, and time-consuming, especially when the prosecutor opposes your request. Even the smallest of errors can result in a delay to you or your loved one at the court level. If you are seriously considering an expungement, get it right the first time by hiring a New Mexico criminal record expungement lawyer as soon as possible.
No Expungements Show Up on Background Checks
Bad things happen to good people, and good people make mistakes. Expungements are designed to give you relief so that you can have a fresh start without the worry or perceived fear of stigma. Hire an expungement attorney in New Mexico to help you get started.
Call Grano Law Offices, P.C. at (505) 426-8711 for a Free Case Strategy Session to devise your game plan. You can also message us about your case using the form below.
