Expungement of arrest record

What is the name of your state? New Mexico. Is it possible to have arrest records expunged that were dismissed and/or never went to court? On one arrest record I was charged with child abuse, was not arrested but was only questioned by a detective and it never went to court. It remains on my record as an arrest. Another was for domestic violence but was dismissed. I believe this info is hurting my chances for employment****************************.Thanks for your views.

[racer72]

You will require the services of an attorney to do this. See one soon.

I realize that I need to see a lawyer, but my question is, can these items be removed with a lawyer, in my state. Are you a lawyer racer72? Thanks anyway.

[stephenk]

i guess you were asking if it could be done without an attorney.

Well yes, if you are skilled in understanding the ins and outs of the legal process and knowing what research to conduct and what evidence to produce in support of your motion to expunge your record, then you dont need an attorney. but remember, you get what you pay for.

[racer72]

Yes they can, that is why I told you to contact an attorney.

Thanks Stephenk for your opinion. Again, I realize the obvious, which is that I need to see a lawyer about this and it should be done soon and I am no whiz at legal research and all that mumbo-jumbo legal talk which means I need a lawyer. My question is: ( and no offense to any one out there trying to help, but I would prefer someone to answer that knows about these things and someone who knows NM state law) can these items of my arrest record be expunged or are they carved in stone? And by the way I know it probably doesn't matter but I was falsley accused of these crimes**************.....Thanks

There is no statute in New Mexico granting the courts the authority to expunge adult criminal records. As a result, there is no standard process or procedure by which an individual can attempt to expunge misdemeanor convictions. However, in the summer of 1997, the New Mexico Court of Appeals may have opened a very narrow window for obtaining case by case review. In the Matter of Malczewskatoth, 944 P.2d 285 (Ct. App. 1997) Specifically, the Court suggested that expungement may occur under inherent equitable powers granted courts by the New Mexico Constitution. Id. However, the limitations the Court placed on the process are severe: "[T]his power--arising, as does all inherent judicial authority, from necessity--should be sparingly used." Id. Procedurally, the individual would petition the court for an order of expungement and include in the petition supporting documentation. There is no set form or format for such a petition. It has yet to be seen if Malczewskatoth will effect how the District Courts respond to expungement requests.

to put this in a nut shell and in language that you can understand a little better. You are probably S.O.L. Of course a lawyer will tell you for sure.

Thanks for your observation, hgrego1015, it was very informative. I think that maybe since I was never convicted of these charges that maybe there might be hope of getting them removed. I'll let you know what an atty says if you're interested**************......Thanks again