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Expungement: When & How To Clean Your Record

Posted on February 16, 2020April 20, 2020 by Brian

Life for most of us is just a series of mistakes. From messing up on tests to getting in trouble with the law, life has no shortage of situations for us to mess up in. Unfortunately, trouble with the law can keep people from certain opportunities, like getting a new job or moving into a new apartment. Luckily, the law allows for those mistakes to be erased under the right circumstances through a process known as expungement.

In our latest Law Office of W. Shane Jennings blog, we discuss the basics of expungement and chart a possible path for you to clean up your record with our firm!

What Is Expungement?

Expungement is the process of “sealing” the legal record of an arrest, conviction, indictment, acquittal, discharge, or dismissal by order of the court. In effect, this process will effectively erase the arrest or conviction in most cases from the general public. That means that you likely won’t have to mention that conviction or arrest when applying for something that asks for it.

A common misconception about expungement is that it will completely erase the blight off your record as if it never happened. This is not quite true. While you won’t have to say it happened, certain government agencies will still be able to see the record. In addition, the expunged conviction may still be considered as proof of prior conviction if a crime is committed afterward.

An expungement is a great tool for people to move on from their mistakes and capitalize on opportunities. However, as you can probably guess, expungement doesn’t work for all situations and crimes.

Expungement In New Mexico

Expungement in New Mexico has undergone a huge change in 2020. Effective January 1st, 2020, the Criminal Record Expungement Act drastically broadened the expungement powers of the New Mexico court system. Prior to this act, New Mexico had a very narrow expungement allowance, usually for juvenile issues or for victims of human trafficking that commit a crime (which are still part of New Mexico law).

The change in New Mexico’s expungement law is most driven by the idea giving people a chance to move on from arrests and convictions will give them the best chance at rehabilitation, as well as keep the public safe. With this act, New Mexico has one of the broadest expungement powers in the country.

Under this new act, most non-conviction and conviction records are eligible to be expunged given a set period without any additional charges or convictions. The period for non-convictions is one year, while convictions need periods of two to ten years before being eligible for expungement.

Eligibility does not equate to a guaranteed expungement. The judge presiding over your case will take into account several factors before making a final decision. Some of those factors include:

Your age, employment history, and criminal history
Any reasons to deny raised by the district attorney
Specific benefits/consequences of denying expungement
Gravity and circumstances of the original conviction

In these cases, having an expert lawyer with plenty of experience can give you the leg up needed to secure the expungement.

Expungement Of Conviction Records

Conviction records, unlike non-conviction records, have more detailed and stringent requirements. Under the new act, the date after the completion of a person’s sentence will start the mandatory waiting period which varies based on the crime. For violations of municipal ordinances, the waiting period is two years. Felonies will need a waiting period of 4 to 10 years, depending on the crime.

The law doesn’t allow the most serious municipal violations and felonies to be expunged, including but not limited to:

Crimes involving a child
Great bodily harm/death
Embezzlement
DUI/DWI

Even if your conviction is eligible, though, that does not guarantee that the court will agree to expunge.

If you aren’t sure if your conviction qualifies, be sure to contact our office if you aren’t sure about your specific case.

Expungement Of Non-Conviction Records

Non-conviction records are a little more forgiving, mainly by having a much shorter waiting period. The waiting period for non-conviction records is just one-year, in which there may be no new charges.

Cases in which this section of the act apply are:

Nolle prosequis
Pre-prosecution referral to diversion
Acquittal
Conditional discharge (minus deferred imposition of sentence)
Other discharge

Just like with conviction records, though, there are some special circumstances in written into the law. If you aren’t sure about your specific case, feel free to contact our office and get more information.

Choose The Law Office Of W. Shane Jennings!

Interested in scrubbing your record in court? Due to New Mexico’s new stance on expungement, many more citizens will be eligible for expungement.

If you would like to get started or want more information on the new act, simply give us a call or visit our office today!

two semi trucks on an open road as the sun sets in the background

How A Traffic Lawyer Can Keep Commercial Drivers on the Road

Posted on December 6, 2018February 5, 2020 by Brian

If you’re a commercial driver, you’re perfectly aware of how important your CDL is. Without it, you won’t be able to have a career as a commercial truck driver. The best way to maintain your CDL is by avoiding traffic violations. Failing to do so can cause your driving record and CDL to gain points which may result in higher insurance rates, fines, and even suspension. If you’re in the Southern New Mexico area and you’re facing issues relating to traffic violations, Attorney W. Shane Jennings can help. An experienced traffic lawyer can guide the way and help protect your CDL and your status as a commercial driver.

Briefly Outlining the Legal Ramifications for Commercial Traffic Violations

Although commercial drivers share the road with other drivers, the laws that govern CDL holders differ greatly from other traffic laws. Due to the massive weight of commercial motor vehicles, it’s understandable why the legal ramifications of CMV traffic violations are so much harsher than those for casual drivers. First, let’s look at moving violations for commercial drivers. These serious traffic violations can lead cause commercial drivers to lose their CDL for a certain period of time. Moving violations include, but are not limited to excessive speeding, reckless driving, erratic lane changes, and following vehicles too closely.

If you commit two moving violations within a three-year period, your CDL will be suspended for a minimum of 60 days. If you commit three moving violations within the same period, you will lose your CDL for at least 120 days.

A Skilled Traffic Lawyer Can Help

Committing a major offense, such as using your commercial motor vehicle to commit a felony or driving under the influence of drugs or alcohol will result in the loss of your CDL for one to three years. A conviction of a second major offense will cause you to lose your CDL for life. Losing your CDL for any amount of time, whether it be 60 days or three years, means you won’t be able to work and make a living.

If you find yourself in this predicament, it’s necessary to seek legal assistance from a skilled traffic lawyer. Attorney W. Shane Jennings is well aware of the intricacies of traffic law and CDL suspensions in the state. With his assistance, you’ll be on the correct path towards recovering your CDL.

What is the Difference Between Fraud and Embezzlement?

Posted on September 20, 2018September 20, 2018 by Brian

Criminal law is a complex creature. There are many different areas and many of them have overlapping definitions, punishments, and legalities. Two commonly confused crimes are fraud and embezzlement. While similar, they have a lot of important differences that will affect how the case is handled should you be charged with either crime. Our fraud and embezzlement lawyer breaks it down for you.

What is Embezzlement?

Embezzlement is actually a kind of fraud, financially speaking. When someone commits embezzlement, they mishandle someone’s assets or money. It is different from theft because the act of theft involves taking valuables for their own benefit while with embezzlement, the person is already in possession of these items and then misuses them. An example is charging someone for a product and failing to deliver said product.

What Counts as Fraud?

Fraud, on the other hand, is a little broader. When someone commits fraud, they are purposefully lying about a product or service to someone. They may lie about the risks of using said products or services, the intended outcome, and more, which could lead to harm, loss of money, and more to the people who fall victim to this crime.

What if I’m Charged With Fraud or Embezzlement (Or Both)?

Both fraud and embezzlement can be charged as either a civil or criminal offense. Civil offenses tend to result in compensational punishments while criminal charges can lead to either compensational punishments or jail time. If you’re charged with this kind of crime, your best bet is to work with a fraud and embezzlement lawyer who is familiar with the industry and can help you navigate the legal aftermath.

A fraud and embezzlement lawyer knows the language and laws and can represent you in a court of law should you be charged with this kind of crime.

Call the Law Office of W. Shane Jennings Today!

If you’re in need of a caring, hardworking fraud and embezzlement lawyer, the Law Office of W. Shane Jennings is the place to call. We represent clients who are dealing with the aftermath of being charged with such a crime. We can put our knowledge and experience into helping you navigate the legalities of being charged. If you’re in need of help, we’re ready and able to assist you. Don’t wait. Give us a call today to learn more about our services and how we can help you.