Title: How Long Does a Felony Stay On Your Record in New Mexico?
Introduction
A felony conviction can have significant long-term consequences, affecting various aspects of an individual’s life. In New Mexico, just like in other states, the duration for which a felony remains on a person’s record can vary depending on several factors. This article aims to provide a comprehensive overview of how long a felony conviction stays on a person’s record in New Mexico, along with relevant information and frequently asked questions.
Understanding Felony Convictions in New Mexico
In New Mexico, a felony is a serious criminal offense that typically carries a potential prison sentence of one year or more. Felonies are categorized into six classes: capital felonies, first-degree felonies, second-degree felonies, third-degree felonies, fourth-degree felonies, and petty felonies. Each class has different penalties and potential prison terms associated with it.
How Long Does a Felony Stay on Your Record in New Mexico?
Under New Mexico law, a felony conviction remains on an individual’s criminal record indefinitely, unless it has been expunged or sealed. This means that a person’s felony conviction will be visible to employers, landlords, and others who conduct background checks unless legal action is taken to remove or hide it.
Expungement and Sealing of Felony Records
Expungement and sealing are legal processes that allow individuals to limit access to their criminal records, including felony convictions. However, it’s important to note that New Mexico’s expungement laws are relatively strict, and not all felony convictions are eligible for expungement.
Expungement: In New Mexico, only certain non-violent felony convictions, such as drug offenses or property crimes, may be eligible for expungement. The process involves filing a petition with the court, demonstrating rehabilitation, and meeting specific criteria. If granted, the record is physically destroyed or sealed, making it inaccessible to the general public.
Sealing: Sealing a felony conviction is an alternative to expungement. It restricts access to the record, but it is not destroyed. Sealed records are generally only accessible to law enforcement agencies and specific authorized entities. Eligibility for sealing typically depends on the nature of the felony conviction and the time that has passed since the completion of the sentence.
Frequently Asked Questions:
Q: Will my felony conviction always show up on a background check?
A: Unless it has been expunged or sealed, a felony conviction will likely appear on most background checks, potentially affecting employment, housing, and other opportunities.
Q: Can I get a job with a felony conviction on my record?
A: Having a felony conviction on your record can make it more challenging to find employment, as many employers conduct background checks. However, it does not automatically disqualify you from all job opportunities.
Q: How long does it take to expunge or seal a felony conviction in New Mexico?
A: The expungement or sealing process can vary in length, depending on the complexity of the case and the court’s schedule. It is advisable to consult an attorney for guidance on specific timelines.
Q: Can I own a firearm with a felony conviction in New Mexico?
A: In most cases, individuals with felony convictions are prohibited from owning or possessing firearms under both state and federal law. Some exceptions may apply, and it is crucial to consult an attorney for accurate legal advice.
Q: Are there any alternatives to expungement or sealing?
A: While expungement and sealing are the most effective means of limiting access to a felony conviction, individuals may consider seeking a pardon or a certificate of rehabilitation, which can help mitigate the negative impact of a conviction.
Conclusion
Understanding how long a felony conviction stays on your record in New Mexico is crucial for individuals seeking to rebuild their lives after a criminal conviction. While the default duration is indefinite, the possibility of expungement or sealing provides hope for those seeking a fresh start. If you have a felony conviction on your record, consulting with an experienced attorney can provide invaluable guidance on the best course of action tailored to your specific circumstances.