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DUI Expungement in New Mexico

To “expunge” a conviction means to set it aside and not include it in the convicted individual’s record, making it as though the conviction never occurred in the first place.

It is possible to have a DUI expunged in New Mexico in certain circumstances.  The likelihood of a conviction being expunged typically hinges on its characterization as a misdemeanor as opposed to a felony.  Misdemeanors are potentially expungeable for most charges, while felonies are not.  In New Mexico, drivers over 21 can get three convictions without being charged with a felony.  DUI charges thus have the potential to be expunged in New Mexico.

The process of having a conviction expunged is not automatic and requires hiring a lawyer and filing out the proper forms and applications.  Among the requirements for drug and alcohol convictions to be expunged is for the defendant to submit to a chemical dependency evaluation.  Convicts should also collect letters of recommendation from family and employers in order to demonstrate their good behavior, moral character, and overall value to society.  While this process can be long and potentially expensive, it can also provide huge dividends.  It can be extremely beneficial to expunge your record; for example, potential employers will not be put on notice of the offense if your record is expunged.  In addition to having a conviction expunged, a driver in New Mexico may also request a pardon or executive clemency for such a conviction.


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