QUESTION

How do I get an arrest off my record if no charges were filed?

Asked on May 17th, 2013 on Expungements - New Mexico
More details to this question:
I was arrested for a very trumped up charge off domestic violence and battery by stranglation. No charges were ever filed and I was released the next morning. How do I get this horrible charge off my record?
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2 ANSWERS

Go through the steps to expunge your arrest record in your jurisdiction.
Answered on May 17th, 2013 at 6:14 PM

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State Crimes Attorney serving Albuquerque, NM at Law Office of Nicole W. Moss
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In New Mexico, it is extremely difficult to get charges expunged from your record. If you are factually innocent and can prove it, however, you may be able to get the charges removed from local databases by obtaining a court order. The process for obtaining a court order is complicated and generally involves getting the DA's office to stipulate to the expungement. In order to have the charges removed from the FBI's national database, the NCIC, the agency that submitted the information to the NCIC must request the expungement. To get the agency to submit that request, you will need a court order. They won't do this voluntarily. Expungement is an extremely complicated and lengthy process and even if you succeed in getting the records removed from the official websites, there is no guarantee that other third-party websites have not scrubbed the data and added it to their website.
Answered on May 17th, 2013 at 4:34 PM

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