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Question regarding Conditional Dicharge and record expungement on Felony in NM

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thequizicalcat

Junior Member
What is the name of your state? NM

I few years ago I was arrested in NM for growing Marijuana. Below are the notes from my court rcords. I am slated to wrap up my Probation in early 2007. It is a first offense. I plead guilty to the POMWITD charge in exchange for a conditional discharge. With my probationary period coming to an end, am I aligible to reduce this charge to a lesser charge prior to discharge to avoid a felony on my record? Can I have this expunged/sealed? I am asking because in the Industry in which I work, ny further advancement in my career wil be seriously hampered by this (ie. I am ****ed).

- Criminal Charge Detail -
Count Sequence # Statute # Charge Charge Class Charge Date Citation # Plea Disposition Disposition Date
1 1 30-31-20(A)(1) TRAFFICKING CONTROLLED SUBSTANCE (MANUFACTURE) F <An Unimportant Date>
1 2 30-31-22(A)(1)(A) POSSESSION OF MARIJUANA WITH INTENT TO DISTRIBUTE F4 02/17/2004 GUILTY CRB: COND DISCHARGE 31-20-13 <An Unimportant Date>


CLS: CONDITIONAL DISCHARGE
FILING ORDER OF CONDITIONAL DISCHARGE ON <me>; PURSUANT
TO GUITLY PLEA TO POSS (MARIJ) W/INT TO DISTRIBUTE, CLASS
NOT STATED, ALTERNATIVE TO CT 1; W/OUT ADJUDICATION OF GUILT
DEF PLACED ON SUPERVISED PROB FOR 18 MONTHS W/FIRST 20 DAYS
UNSUPERVISED; 1 DAY PRE-SENT CREDIT IF IMPRISONED PURSUANT
TO THE ABOVE; SPECIAL CONDITIONS; DURING TWENTY DAYS OF
UNSUPERVISED PROHBATION, DEF SHALL MAKE ALL NECESSARY
ARRANGEMENTS TO TRANSFER PROBATION TO <where I live now>
 


JETX

Senior Member
With my probationary period coming to an end, am I aligible to reduce this charge to a lesser charge prior to discharge to avoid a felony on my record?
Depends on the court.... but unlikely.

Can I have this expunged/sealed?
No.

Only the following NM records are subject to expungement:
1) Persons who were arrested for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude and a final disposition can’t be located. § 29-3-8.1.

2) A first-time drug offender not over the age of 18 at the time of the offense who has charges dismissed and is discharged after fulfilling terms of probation. § 30-31-28.

3) A person whose conviction that led to the inclusion of his sample and DNA records in the DNA identification system has been reversed. § 29-16-10.

4) A person who has been the subject of a petition under the Childrens’ Code and two years have elapsed since the final release of the individual from legal custody and supervision, or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending. §32A-3B-21.
 

Bretagne

Member
Actually, what you received was a stay of adjudication of sentence. This means that you pled guilty, but the court did not accept your plea of guilt and in lieu of convicting you, sentenced you to a term of probation.

This means that after your probation is satisfied, you will not have a conviction on your record. Your record is public, but you will not have been convicted of a crime.

So, if you committed the crime as a juvenile you might have a shot at expungement. However, even if you prevailed, your public records at the courthouse would be "expunged", but the files at the prosecutor's office and police station are not expunged. Much of this is public information, because it is maintained by public agencies, which means that the true details of the case would be available to a background check. Bu still, successfully complete the terms of your probation and you won't have been "convicted of a crime", so you won't have that felony on your record.
 
Actually, what you received was a stay of adjudication of sentence. This means that you pled guilty, but the court did not accept your plea of guilt and in lieu of convicting you, sentenced you to a term of probation.

This means that after your probation is satisfied, you will not have a conviction on your record. Your record is public, but you will not have been convicted of a crime.

So, if you committed the crime as a juvenile you might have a shot at expungement. However, even if you prevailed, your public records at the courthouse would be "expunged", but the files at the prosecutor's office and police station are not expunged. Much of this is public information, because it is maintained by public agencies, which means that the true details of the case would be available to a background check. Bu still, successfully complete the terms of your probation and you won't have been "convicted of a crime", so you won't have that felony on your record.
Did you make that up or do you know what the effects of expungement are?
 

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