2 years ago I was arrested and wrongfully charged with aggravated assault (felony) and a firearms charge (misdemeanor). These charges were ultimately, and rightfully so, dismissed. No jail, no conviction. However, there is still record of these charges being brought about. This didn't prevent my entry to school, nor receiving my license and fingerprint clearance card. My concern however, is that potential employers that perform a nationwide background check will see this history and despite my innocence and having charges dismissed, will pass judgement against me and avoid hiring, or simply select an applicant with no history. Expungement is nearly impossible in the applicable state, and the few attorneys that can help are very expensive. I'm NOT seeking legal advice and would appreciate not receiving any speculation. I'm seeking input from those that have had a similar experience, know someone that did, or are familiar with the hiring process and what constitutes exclusion in the eyes of an employer. Thank you very much to those of you that took the time to read this and have any information to offer
Sep 20, '11
Quote from jive turkey
Thank you for that. The charges are in New Mexico. Most criminal defense attorneys don't even practice this area because of the difficulty. That state made it difficult all around unlike other states. But I will definitely disclose that to a prospective employer with the hopes they elect not to be judgmental.
Hmm, I looked up the statute, and you are right. It does sound like you are unable to seal the arrest record for a felony.
If I were you, I would go to the district court where your case is and ask for a "Petition to Expunge Arrest Information" (or have them mail it to you). Based on how the statute reads, they probably have a form for that. If not, they can give you a blank form in the format of a court filing. Basically, you put down what you want the court to do, and in specific detail why the court should do it.
A judge will look at and proably do 1 of 3 things - 1)grant your petition 2) set a hearing or 3) deny your petition. Even if they deny it, you will get an order saying so, and should explain the reasoning for the denial.
There may be a filing fee, but a attorney is not needed.
Last edit by SC_RNDude on Sep 20, '11
: Reason: edit