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Can Federal Convictions Be Expunged?

You may have made a mistake in your past that resulted in a federal conviction. You might wonder if you can get that crime expunged from your criminal record.

However, unlike many state offenses, very few federal convictions get expunged. A knowledgeable federal expungement lawyer helps determine if you qualify for post conviction relief.

Crimes Carrying Possible Federal Charges

Crimes resulting in federal charges violate federal laws, occur on federal land, or cross state lines. There are many different types of crimes that may be charged as federal offenses. Many of those crimes parallel state offenses that may be similar. However, elements and penalties may be different.

Some common crimes that may result in federal charges include:

• Arson and explosive violations
• Bank embezzlement and bank fraud
• Bankruptcy fraud
• Bribery and public corruption
• Computer and e-mail intrusion
• Counterfeiting and forgery
• Corporate fraud
• Credit card fraud
• Drug-related offenses
• Violations of environmental regulations
• Firearm offenses
• Identity theft
• Human trafficking
• Insurance fraud
• Money laundering
• Murder or manslaughter on federal property
• Pornography or child pornography charges
• Sexual abuse and exploitation
• Solicitation to commit a federal crime
• Tax offenses
• Terrorism
• Wildlife violations
• Wire fraud

Can Federal Convictions Be Expunged?

When a conviction is expunged, it clears your criminal record as if it never existed. Once expunged, no one can see your federal arrest or conviction.

However, most federal offenses are not eligible for expungement. In most jurisdictions, only defendants with minor offenses under the Controlled Substances Act can get a record expungement. Federal criminal record expungement is extremely limited.

Some federal courts acknowledge a judge’s power to “make things right,” which may include expunging an arrest or conviction record. Depending on where you were convicted, you could seek an expungement of crimes other than minor drug offenses.

How to Expunge a Federal Conviction

There is no specified process to request a federal expunction. However, applying in the federal district court where you were convicted is best. You may also write a letter to the judge who presided over your case.

There is no published form to get an expungement. You should include your name, case number, a summary of the facts of your case, and reasons an expungement should be granted.

You must be persuasive and make claims about your rehabilitation and the miscarriage of justice if you must reveal your conviction to your employers and others.

Important Exception for Certain Drug Charges

The federal government allows expungement for minor drug convictions, including simple possession of a controlled substance.

If a person was under 21 at the time of the offense, they can apply for an expungement, which will be automatically granted.

Also, if a person of any age is found guilty of a minor drug charge, they have no prior such offenses, and they comply with their probation, the federal court would dismiss the proceedings against them. This would clear their criminal record.

Federal Clemency

Federal clemency is a commutation of a sentence granted by the President of the United States. It essentially reduces a federal prisoner’s ruling but does not restore other rights, such as the right to own guns.

Federal clemency was most common before the 1980s; however, it has become less frequent in recent years. Under President Barack Obama, 1,715 inmates were granted federal clemency. Despite presidents granting fewer clemencies, it is still an option for rehabilitated inmates.

A Federal Expungement Lawyer Can Evaluate Your Case

If you are interested in expunging your federal conviction, you should contact a lawyer familiar with the federal process to do so. While most people do not qualify for expungement, it may be possible to regain some of your civil rights that were removed when you were convicted.

Contact Harrison & Hart, LLC at (505) 295-3261 , or contact us online to schedule a consultation.

How Does the New Mexico Court of Appeals Work?

The New Mexico Court of Appeals is critical to the state’s judicial system. It reviews decisions made by lower courts to ensure the law was applied correctly. The court handles both civil and criminal appeals, providing a crucial step for those seeking to challenge a trial court’s ruling.

Here’s what you need to know about the Court of Appeals, the appellate process, and the potential outcomes.

What Is the New Mexico Court of Appeals?

The New Mexico Court of Appeals is an intermediate appellate court that reviews decisions made by lower trial courts to ensure the correct application of law. It hears civil and criminal appeals, except for cases like death penalty matters.

How Is the NM Court of Appeals Structured?

The New Mexico Court of Appeals is comprised of 10 judges who sit in panels to review cases. These judges are divided between Santa Fe and Albuquerque.

The court is structured to handle appeals efficiently, with the panels rotating to ensure a fair distribution of the caseload. Cases are generally assigned randomly, and the panels consist of three judges each.

What Do Court of Appeals Judges Do?

Unlike trial courts, appellate judges do not re-examine witnesses or consider new evidence. Instead, they focus on whether legal errors were made in the original case. The judges review the written briefs, the trial court record, and any oral arguments presented. The panel will then issue a written opinion explaining their decision.

What Types of Cases Does the NM Court of Appeals Hear?

The court has jurisdiction over most civil and criminal appeals. Civil cases can range from family law disputes to business litigation, while criminal appeals often involve issues such as wrongful convictions or sentencing errors.

However, some cases—such as capital punishment appeals and cases involving public regulation— bypass the Court of Appeals and go straight to the New Mexico Supreme Court.

What Is the Appellate Process in the New Mexico Court of Appeals?

The appellate process begins with the filing of a notice of appeal. This document notifies the court and the opposing party that you intend to challenge the lower court’s decision.

Afterward, both parties submit briefs, written arguments explaining their position. The appellant argues why the decision should be overturned, while the appellee defends the original ruling. In some cases, oral arguments may be scheduled, allowing attorneys to present their case before the judges. However, many appeals are decided based solely on the written briefs.

How to File an Appeal in New Mexico

To file an appeal, there must be legal grounds to claim that an error occurred during the trial. These could include mistakes in applying the law, procedural errors, or insufficient evidence to support the trial court’s decision.

Appeals must be filed within a specific time frame, typically 30 days from the final judgment in the lower court. Missing this deadline can result in the loss of the right to appeal.

What Are the Possible Outcomes of an Appeal?

The New Mexico Court of Appeals has several options when deciding a case. The court can affirm the lower court’s ruling, meaning they agree with the original decision and the case is over.

Alternatively, they can reverse the decision, which may result in a new trial or the case being sent back to the lower court (remanded) for further proceedings. Sometimes, the court may modify the ruling without sending it back to the lower court, adjusting aspects like damages or sentencing.

What Types of Opinions Can Be Issued?

The court may issue one of three types of opinions:

• Published opinions establish precedent and can be cited as binding authority in future cases. They are carefully written and thoroughly reasoned, often addressing novel legal issues or clarifying existing law.
• Unpublished opinions resolve the case at hand but do not establish binding precedent. While these opinions are not published in official reporters, they are typically available online and can be persuasive in future cases.
• Memorandum opinions are brief decisions that dispose of the case without extensive legal analysis. They are used when the court believes a full opinion is unnecessary due to settled law or clear facts.

How Long Does the Appeals Process Take in New Mexico?

The process can take anywhere from six months to two years or more, depending on the complexity of the case and the court’s caseload.  Several factors can influence the timeline, such as delays in filing briefs, the need for oral arguments, and how quickly the panel reaches a decision.

Do You Need a Lawyer for an Appeal?

While you aren’t required to have a lawyer in an appeal, working with one can make all the difference in achieving a favorable outcome. Many appeals are lost due to technical mistakes or failure to meet deadlines. An attorney with extensive legal knowledge can craft persuasive briefs and present compelling oral arguments on your behalf to improve your chances of success.

Questions about an Appeal in New Mexico? Call Harrison & Hart, LLC Today

Whether you’re facing a civil or criminal appeal in New Mexico, understanding the court’s process can help you navigate this complex system.

If you’re considering an appeal in New Mexico, our experienced appellate attorneys at Harrison & Hart, LLC can help. We’ll guide you through each step of the process and fight for the best possible outcome in your case.

Call 505-295-3261 today or contact us to schedule an initial consultation.

Who Investigates Federal Crimes?

Federal crimes, unlike state offenses, involve violations of laws passed by the U.S. Congress. These crimes can range from drug trafficking and organized crime to financial fraud and terrorism. Various federal agencies are tasked with this responsibility, each with its own jurisdiction and area of expertise.

When Are Crimes Charged at the Federal Level?

Federal cases are distinct from state crimes in that they are prosecuted by the federal government, while state crimes are prosecuted by state or local authorities. Some offenses commonly charged at the federal level include:

• Drug trafficking: The illegal production, distribution, or possession of controlled substances.
• Cybercrime: Crimes committed using computers or the internet, such as hacking, identity theft, and fraud.
• White-collar crimes: Non-violent crimes such as embezzlement, fraud, and tax evasion.
• Terrorism: The unlawful use of violence or intimidation, often with political goals.

What Agencies Investigate Federal Offenses?

Because these cases are complex and often high-stakes, several federal agencies are responsible for investigating them.

Federal Bureau of Investigation (FBI)

The Federal Bureau of Investigation, commonly known as the FBI, is perhaps the most well-known U.S. federal agency. From counterterrorism and cybercrime to corruption and organized crime, the FBI is at the forefront of protecting the United States from serious threats.

For example, the FBI investigates cases involving national security, such as terrorism and espionage, as well as crimes that cross state lines, like human trafficking and large-scale fraud.

Drug Enforcement Administration (DEA)

The Drug Enforcement Administration (DEA) focuses on combating drug-related crimes. Its primary mission is to enforce the controlled substances laws and regulations of the United States. This includes investigating major drug trafficking organizations, dismantling drug cartels, and preventing the illegal distribution of narcotics.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for enforcing federal laws related to the illegal use and trafficking of firearms, explosives, alcohol, and tobacco products. The agency also investigates cases of arson and bombings, particularly when these acts are tied to criminal organizations or terrorism.

Common federal crimes investigated by the ATF include firearms trafficking, illegal possession of explosives, and arson committed as part of insurance fraud schemes.

U.S. Secret Service

The U.S. Secret Service is best known for its role in protecting the President and other high-ranking officials. However, the agency also investigates federal crimes, particularly those involving financial fraud and counterfeiting. The Secret Service was originally established in 1865 to combat the widespread counterfeiting of U.S. currency, and it continues to focus on this area today.

In addition to counterfeiting, the Secret Service investigates a range of financial crimes, including credit card fraud, identity theft, and cybercrime. The agency’s dual mission of protection and investigation allows it to address threats to both individuals and the financial system.

U.S. Immigration and Customs Enforcement (ICE)

U.S. Immigration and Customs Enforcement (ICE) is a federal agency primarily responsible for enforcing immigration laws and investigating customs violations. ICE’s investigative arm, Homeland Security Investigations (HSI), is involved in a wide array of federal crime investigations, from human trafficking and child exploitation to illegal arms exports and immigration fraud.

Internal Revenue Service (IRS) Criminal Investigation Division

The IRS Criminal Investigation Division (IRS-CI) is the law enforcement arm of the Internal Revenue Service. The division focuses on investigating financial crimes, particularly those involving tax evasion, filing false tax returns, money laundering, and other forms of financial fraud. IRS-CI agents are often involved in high-profile cases where individuals or organizations attempt to conceal income or launder illicit funds.

Other Federal Agencies

In addition to the major agencies mentioned above, several other federal entities play important roles in investigating federal crimes. The U.S. Marshals Service, for instance, is responsible for apprehending fugitives, transporting federal prisoners, and protecting witnesses in federal cases. The Marshals Service also enforces federal court orders and assists in the recovery of assets obtained through criminal activities.

The Securities and Exchange Commission (SEC) is another key agency, investigating violations of securities laws, including insider trading, securities fraud, and market manipulation.

How Do These Agencies Work Together?

Given the complexity of many federal crimes, it’s common for multiple agencies to work together on investigations. This coordination is crucial in cases that span multiple jurisdictions or involve various types of criminal activity. For instance, a major drug trafficking case might involve the DEA, FBI, and ATF, while a financial fraud case could see collaboration between the FBI, IRS-CI, and SEC.

Charged at the Federal Level? Call Harrison & Hart Today

The world of federal law enforcement is complex. If you are facing a federal investigation or have been accused of a federal crime, don’t hesitate to contact Harrison & Hart. Our experienced attorneys can provide you with the guidance and representation you need to navigate the federal legal system.

Call 505-295-3261 or contact us today to schedule an initial consultation.

How to File a Civil Lawsuit in New Mexico

Filing a civil lawsuit in New Mexico can be a complex process. Whether you’re dealing with a contract dispute, personal injury claim, or property damage case, understanding the legal requirements is crucial.

While you can file a lawsuit on your own, working with an experienced civil litigation attorney can help ensure that your case is handled correctly, improving your chances of a successful outcome.

What Is a Civil Lawsuit?

A civil lawsuit is a legal dispute between two or more parties seeking monetary compensation or another legal remedy. Unlike criminal cases, civil cases are disputes between private individuals, businesses, or organizations.

Common Civil Lawsuits in New Mexico

Common types of civil lawsuits in New Mexico include:

• Contract disputes – When one party fails to uphold the terms of a contract.
• Personal injury claims – If someone’s negligence causes harm, such as in a car accident.
• Property damage claims – Seeking compensation for damage to personal or real property.
• Landlord-tenant disputes – Issues involving lease agreements, unpaid rent, or evictions.
• Debt collection – When someone owes money but has not paid.

However, New Mexico’s magistrate courts, which handle smaller civil claims, cannot consider cases involving divorce, custody, real estate title disputes, defamation, or misconduct by public officials. Additionally, magistrate courts can only hear cases where the amount in dispute does not exceed $10,000.

Step 1: Determine Jurisdiction and Venue

Before filing your lawsuit, you must determine the appropriate jurisdiction (the court’s authority to hear your case) and venue (the location where you file your claim).

In New Mexico, a civil lawsuit should be filed in the county where:

• The plaintiff (the person filing the lawsuit) lives.
• The defendant (the person being sued) lives.
• The incident that led to the lawsuit occurred.

If the defendant does not reside in New Mexico, the state’s courts may not have jurisdiction over them. An attorney with knowledge of the local court systems can help determine the correct court for your case.

Step 2: Preparing and Filing Your Complaint

To start a lawsuit, the plaintiff must file a Civil Complaint with the appropriate court. This document must include the names and addresses of all parties involved, the plaintiff’s claim, and the amount of money being sought as compensation.

The Civil Complaint can be obtained from the New Mexico Courts website or at the Magistrate Court Clerk’s Office. The filing fee for a civil lawsuit in magistrate court is $77. If you’re requesting a jury trial, additional fees apply.

Step 3: Serving the Defendant

Once the complaint is filed, the defendant must be formally served with the lawsuit. Proper service ensures that the defendant is notified of the claim against them. New Mexico law requires that the plaintiff cannot personally serve the defendant. Instead, service must be completed by the county sheriff, a private process server, or any non-party adult (18 or older) who is not involved in the case.

How Can a Defendant Be Served?

Service can be done by:

1. Mail – Sending the complaint and summons via certified mail with return receipt requested.
2. Personal Service – Delivering the complaint directly to the defendant or an adult at their residence.
3. Posting – If personal service is unsuccessful, the documents may be posted at the defendant’s last known address and mailed to them.

After the defendant is served, a Return of Service form must be filed with the court. If this step is skipped, the case may be delayed or dismissed.

Step 4: The Defendant’s Response

Once served, the defendant has 20 days to file an Answer with the court. In their response, the defendant may admit or deny the claims, file a counterclaim against the plaintiff, or request the case be dismissed.

If the defendant fails to respond within the deadline, the plaintiff can request a default judgment, meaning the court may rule in favor of the plaintiff without a trial.

Step 5: Pre-Trial Procedures

Before the trial, both parties may engage in discovery, where they exchange evidence and witness lists. Additionally, either party can file motions, such as a request to dismiss the case or limit certain evidence.

A court may also encourage mediation or settlement negotiations to resolve the dispute without a trial. A skilled litigation attorney can negotiate on your behalf to reach a fair settlement.

Step 6: The Trial

If no settlement is reached, the case proceeds to trial. In magistrate court, a judge will hear the case unless a jury trial is requested. During the trial, both parties will present evidence, which can include witness testimony. Then, the judge or jury issues a verdict. If a party disagrees with the outcome, they may be able to file an appeal to a higher court.

Why You Should Hire a NM Civil Litigation Attorney

Filing a civil lawsuit in New Mexico can be overwhelming, especially if the case involves complicated legal issues or a large amount of money. Hiring our attorneys provides several advantages:

• Legal knowledge – An attorney ensures your case follows all legal procedures.
• Accurate filings – A lawyer can help you prepare and submit the correct documents.
• Stronger arguments – Attorneys know how to present a compelling case in court.
• Settlement negotiations – A lawyer can help you reach a fair resolution without going to trial.
• Trial representation – If your case goes to trial, an attorney will advocate for your best interests.

Contact a New Mexico Civil Litigation Attorney Today

If you’re considering filing a civil lawsuit in New Mexico, don’t go through the process alone. A knowledgeable litigation attorney can guide you through every step, from filing your complaint to negotiating a settlement or representing you in court.

Contact our firm today to schedule a consultation to discuss your case and explore your legal options.

What Is a Federal Grand Jury?

You’ve probably heard about the important role of the grand jury in major news stories or legal dramas. But what exactly is a grand jury, and what do they do in federal cases? You may be surprised to learn that grand juries are one of two types of juries that operate at the federal level, each serving unique functions.

Learn more about the grand jury’s purpose, powers, proceedings, and its role in the federal justice system.

When Is a Case Brought Before a Federal Grand Jury?

The right to grand jury indictment is constitutionally required in federal felony cases. Felonies that can be charged at the federal level include white collar crimes, drug trafficking, fraud, or violent crimes.

Who Serves on a Federal Grand Jury?

A federal grand jury is composed of 16 to 23 jurors drawn from the district where the federal court is held. Jurors typically serve around 18 months, but can serve up to 24 months if a judge grants an extension. As with any jury, the selection process aims to produce a group that represents a fair cross-section of the community.

How Does a Federal Grand Jury Work?

The primary function of a federal grand jury is to investigate potential federal offenses and determine whether there is enough evidence to bring formal charges, known as an indictment, against a suspect. Unlike petit juries, which decide the guilt or innocence of a defendant during a trial, grand juries do not determine guilt. Instead, they decide whether there is probable cause to proceed with a prosecution. Grand juries do not meet every day and will hear multiple cases during their term of service.

Broad Powers

A federal grand jury holds expansive authority due to its constitutional role in the justice system. It can initiate investigations without probable cause or suspicion of a crime based on information from any source, including the grand jurors’ own knowledge. This autonomy allows the grand jury to conduct thorough investigations and operate free of the constraints typically required in criminal investigations.

Secrecy Rules

Grand jury proceedings are secret. The only people allowed in the room are the jurors, the prosecutors presenting the case, the court reporter, and witnesses when they testify. This confidentiality is intended to protect the reputation of the accused if they aren’t indicted, protect the jurors, and encourage witnesses to speak freely.

There are some exceptions to the secrecy rules of a federal grand jury. For example, basic demographic juror information isn’t confidential, and disclosure of some information can be authorized to assist foreign investigations. Courts can also authorize disclosures for national security or public interest reasons.

The accused may have limited access to grand jury materials for their defense. Some transcripts may eventually become public records; however, these exceptions are carefully considered to balance competing interests.

Federal Grand Jury Process

The Administrative Office of the United States Courts provides a Grand Juror Handbook with helpful information outlining what to expect in the grand jury process. Federal grand jury proceedings usually follow these steps:

Evidence Presentation and Witness Questioning

The prosecutor, representing the government, presents evidence and calls witnesses to testify before the grand jury. Jurors are active participants in building the case, not passive receivers of information. The jury can request to hear from additional witnesses and or ask for more evidence.

Grand jury witnesses are usually subpoenaed to appear, and a witness’s attorney cannot be present in the room when they testify. Failing to comply with a subpoena is grounds for holding a witness in contempt.

Deliberation and Voting

After hearing all the evidence, the grand jury deliberates in secret. The prosecutor is barred from these deliberations. This independent deliberation highlights the unique role of the grand jury.

For an indictment to be issued, a majority of jurors must agree there is probable cause. In the federal system, at least 12 jurors must vote in favor of an indictment.

Possible Outcomes

If the grand jury finds sufficient evidence and determines the accused should be put on trial, it issues an indictment against the defendant. The indictment is then sealed until the defendant is arrested or appears voluntarily before the court.

If there’s insufficient evidence, the grand jury can decide not to indict. The prosecutor can still pursue charges through a different process depending on the case. They can resubmit the charges if new evidence emerges.

Facing Federal Charges? Call Harrison & Hart, LLC Today

If you are the target of a federal grand jury investigation or learn you’ve been subpoenaed to testify, it’s crucial to understand your rights and work with an experienced criminal defense attorney.

Even though an attorney cannot be present if you testify, a lawyer can help you prepare for what’s to come and fight to protect your rights.  Our legal team at Harrison & Hart, LLC will hear your questions and concerns and provide honest advice and guidance based on our years of practice.

Call (505) 295-3261 or contact us today to schedule an initial consultation.

What Is the Difference Between Federal & State Crimes?

Not all crimes are handled the same way. In the U.S., some are prosecuted by state courts, while others go through the federal court system. If you’re facing criminal charges, it’s important to understand the difference between state and federal crimes. The court system, procedures, and penalties can vary a lot. Knowing where your case falls can help you take the right steps to protect your rights.

Who Has Jurisdiction in State vs. Federal Court?

Jurisdiction is the legal authority to hear and decide a case. Federal courts handle cases that involve violations of U.S. law or crimes that cross state lines. For example, if someone is accused of smuggling drugs from one state to another, that could be a federal crime. On the other hand, state courts deal with violations of state law that happen within the state’s borders. A case of local assault or DWI would usually go through the state court system.

Sometimes, a crime breaks both state and federal laws. This means both courts could charge a person for the same act. This is called dual sovereignty, and although it doesn’t happen often, it is legal.

Types of Crimes in State vs. Federal Court

Federal and state courts focus on different types of crimes. Federal crimes tend to be more complex and involve more serious penalties. These include:

• Drug trafficking across state or national borders
• Immigration violations
• Mail or wire fraud
• Money laundering or tax evasion
• Crimes involving large sums of money or interstate activity

State crimes usually involve offenses that happen within New Mexico. These can include:

• Drunk driving (DWI)
• Assault or domestic violence
• Theft and burglary
• Drug possession
• Traffic violations

While state crimes can be serious, they usually involve more local matters. Federal cases often involve large-scale investigations and may take longer to resolve.

Federal and State Court Systems and Procedures

Federal and state courts have different structures and rules. Federal courts are part of a nationwide system set up by the U.S. Constitution. Cases usually begin in U.S. District Courts. If someone appeals, the case may move up to the U.S. Court of Appeals, and in rare cases, to the U.S. Supreme Court. Judges in federal court are appointed for life by the President and confirmed by the Senate.

NM State Court

New Mexico’s state courts include Magistrate, Metropolitan, and District Courts. These courts handle most criminal cases in the state. Judges may be elected or appointed, and the system moves more quickly than federal court in many cases.

Federal cases tend to be more formal and involve detailed procedures. For example, federal prosecutors often use a grand jury to decide whether charges should be filed. There are also stricter rules for evidence and pretrial motions. Federal cases are handled by Assistant U.S. Attorneys, while state cases are prosecuted by District Attorneys.

Can You Be Charged in State and Federal Court for the Same Crime?

Yes, under what’s known as the “dual sovereignty doctrine,” both state and federal governments can prosecute a person for the same act if it violates both sets of laws. This may happen in cases involving weapons charges, drug trafficking, or violent crimes that cross jurisdictions. While it’s not very common, it does occur, and having an experienced defense attorney is crucial when facing charges in both courts.

Law Enforcement Agencies Involved in State and Federal Court

The type of crime also determines which law enforcement agency investigates. Federal crimes are often handled by large agencies such as:

• FBI (Federal Bureau of Investigation)
• DEA (Drug Enforcement Administration)
• ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives)
• ICE (Immigration and Customs Enforcement)
• IRS (Internal Revenue Service)

These agencies have national authority and more resources. They often work together on cases that involve terrorism, drug trafficking, or white collar crimes.

State crimes are investigated by local agencies like the New Mexico State Police, county sheriffs, or city police departments. These officers handle day-to-day law enforcement and focus on crimes within their local areas. Sometimes, federal and state agencies work together, especially on drug cases or gang investigations.

Penalties and Sentencing Differences

One of the biggest differences between state and federal crimes is the punishment. Federal sentences are usually more severe and follow strict guidelines. Many federal crimes carry mandatory minimum sentences, meaning the judge must give a certain amount of prison time, even for first-time offenders.
In state court, judges often have more flexibility. New Mexico courts can offer diversion programs, probation, or community service for less serious crimes. First-time offenders may have a chance to avoid jail time altogether.

Still, both systems can result in serious consequences. Jail time, fines, a criminal record, and other penalties can affect your job, family, and future.

Why You Need the Right Criminal Defense Lawyer

Whether your case is in federal or state court, having the right defense attorney is critical. Federal cases are usually more complicated, with more paperwork, longer trials, and tougher prosecutors. An experienced federal criminal defense lawyer understands how the system works and can build a strong strategy based on the facts of your case.

Even in state court, the consequences of a conviction can be life-changing. The best defense starts with a clear understanding of your rights and options.

If Arrested, How Do I Know if My Case Is Federal or State?

Often, the nature of the arrest, the agency involved, and the type of offense will indicate whether a case is federal or state. If the arresting officers are from a federal agency, and you’re being taken to federal court, then the case is likely federal.

If local or state police make the arrest, and you’re processed through a county jail or state court, it’s likely a state case. However, sometimes this can change during an investigation, which is why it’s important to speak with a criminal defense lawyer as soon as possible.

Harrison & Hart LLC Defends You in State and Federal Court

Federal and state crimes may sound similar, but the differences in how they’re handled are important. From who investigates the case to how you’re sentenced, the two systems operate in very different ways. If you’re facing criminal charges (especially in federal court) it’s important to work with a lawyer who knows the system inside and out.

If you or someone you care about has been charged with a crime in New Mexico, reach out to Harrison & Hart LLC today or call 505-295-3261. We offer experienced legal defense in both state and federal courts and are ready to help you understand your options.

Do You Have to Disclose a Sealed or Expunged Record to Employers?

If you’ve ever been arrested or convicted of a crime, you know how stressful it can be—especially when applying for jobs. But if your record has been sealed or expunged in New Mexico, do you still have to tell potential employers about it?

The short answer is: usually not. New Mexico law gives strong protections to people with sealed or expunged records. However, there are some exceptions you should know about. This blog will explain the difference between sealing and expungement, when you may need to disclose a past record, and what to do if an employer finds out about it.

What’s the Difference Between Sealing and Expungement?

Although the terms are often used together, sealing and expungement are not the same thing.

Sealing a record means that the public can no longer see it. This includes employers, landlords, and most background check companies. However, the record still exists and can be accessed by law enforcement and certain government agencies. In New Mexico, juvenile records are often sealed automatically after two years. Adults may also be able to have records sealed in certain situations, but it usually requires a court petition.

Expungement

Expungement, on the other hand, goes further. It means the record is legally erased or destroyed, making it virtually invisible to background check companies. Once a record is expunged, it’s as if the offense never happened. In New Mexico, many non-violent crimes—including certain cannabis offenses—may qualify for expungement under the Criminal Record Expungement Act (CREA), which went into effect in 2020.

How a Sealed or Expunged Record Appears on Background Checks

In most cases, a sealed or expunged record will not show up on a standard employment background check. That’s the whole purpose of the process—to remove the record from public view.

However, there are a few things to keep in mind:

• Third-party background checks sometimes rely on outdated or incomplete databases. If the sealing or expungement is recent, the record might still appear temporarily.
• Government background checks, especially those done for high-security or regulated jobs, may still uncover sealed or expunged records.
• Clerical errors in court records or with background check companies may cause expunged records to appear by mistake.

If a sealed or expunged record shows up, you have the right to dispute it. You can provide a copy of the court order and ask the background check company to correct the error.

Do You Have to Tell an Employer About a Sealed or Expunged Record?

In most cases, no — you do not have to disclose a sealed or expunged record to a potential or current employer in New Mexico.

Thanks to the state’s “ban-the-box” law, employers in New Mexico are not allowed to ask about criminal history on job applications. They may ask later in the hiring process, but even then, you’re not required to reveal a record that has been sealed or expunged.

In fact, under the CREA, you can legally answer “no” if an employer asks whether you’ve ever been arrested or convicted—if that record has been sealed or expunged. The law treats these records as though they never happened.

Are There Any Exceptions?

While most jobs cannot ask about or consider sealed or expunged records, there are a few exceptions—especially when federal or licensing rules apply.

You may still need to disclose past records for the following types of jobs:

• Law enforcement or corrections
• Positions requiring federal security clearance
• Jobs involving vulnerable populations, like schools, daycare centers, or nursing homes
• Licensed professions, such as lawyers, doctors, nurses, or teachers (where licensing boards may have access to sealed records)
• Financial services jobs, especially those regulated by federal agencies like the SEC, FINRA, or FDIC

In these cases, it’s a good idea to speak with an attorney before applying, to understand what you must legally disclose and what protections still apply.

What If an Employer Finds Out About a Sealed or Expunged Record?

Sometimes, an employer might find out about your record anyway—especially if they use outdated or inaccurate background check services. If that happens, stay calm and know your rights.

In New Mexico, it is illegal for employers to take negative action (like refusing to hire you or firing you) based on a sealed or expunged record. If an employer does this, they may be violating your rights under state law.

You have a few options if this happens:

• Explain that the record has been legally sealed or expunged.
• Provide court documents that prove it.
• Speak with a criminal defense attorney about filing a complaint.

Tips for Job-Seekers and Employers

For job-seekers:

• Keep a copy of your sealing or expungement order.
• Be honest—but only when required. You’re not lying if you say “no” to a question about a conviction that’s been expunged.
• If you’re not sure whether your record qualifies, talk to an attorney who can help.

For employers:

• Make sure your hiring practices follow New Mexico’s ban-the-box and CREA laws.
• Don’t ask about sealed or expunged records.
• Train your HR staff to understand the legal limits of background checks.

Questions about Your Record? Contact Harrison & Hart Today

In most cases, you do not have to tell an employer about a sealed or expunged record in New Mexico. Thanks to recent laws, many people now have the chance to move forward without being haunted by past mistakes. But if you’re applying for a job in a highly regulated field, or if an employer mishandles your background information, it’s a good idea to get legal advice.

If you have questions about your rights or want help sealing or expunging your record, Harrison & Hart, LLC is here to help. Contact us today or call 505-295-3261 for a confidential consultation.

When Can You Sue for Wrongful Conviction?

Being wrongfully convicted is one of the most devastating things that can happen to someone. A person who is innocent may spend years behind bars, lose relationships, miss career opportunities, and suffer emotional trauma. But after a conviction is overturned, it may be possible to file a lawsuit to recover damages.

If you or someone you love was wrongfully convicted in New Mexico, it’s important to understand your rights. You may have the legal right to sue for compensation—but only in specific situations. A civil litigation attorney can help you determine whether you have a case and guide you through the process.

What Is a Wrongful Conviction?

A wrongful conviction happens when someone is found guilty of a crime they did not commit. This can happen for many reasons, and it doesn’t always mean someone made an honest mistake. Sometimes, misconduct or carelessness plays a role in putting an innocent person in prison.

Common Reasons for Wrongful Conviction

Common causes of wrongful convictions include:

• False confessions given under pressure or coercion
• Eyewitness misidentification, where someone picks the wrong person out of a lineup
• Police or prosecutorial misconduct, such as hiding evidence or lying in court
• Flawed forensic evidence or expert testimony that misleads the jury
• Inadequate legal defense from an inexperienced or unprepared attorney

These cases take a serious toll on individuals and families. But once a conviction is overturned, the wrongfully convicted person may be able to file a civil lawsuit against the people or institutions that contributed to the injustice.

When You Can Sue for a Wrongful Conviction

You cannot sue for wrongful conviction simply because you were arrested or charged with a crime and later released. To have the right to sue, your conviction must be overturned, dismissed, or vacated. This usually happens when new evidence proves your innocence, or when a court finds that your rights were violated during the original trial.

This process is known as exoneration. If your record is cleared and your conviction is officially thrown out, you may be able to bring a civil claim. A civil litigation attorney can help you determine if you meet the legal standard to sue.

Who Can Be Held Liable for a Wrongful Conviction?

Once a conviction is overturned, the next question is: Who can be sued? In some cases, several people or entities may be responsible for the harm done. You may be able to sue:

• Police officers or departments if they coerced a confession, or acted outside the law
• Prosecutors – but only under limited circumstances, such as if they acted outside their official role
• Forensic experts if they gave false or misleading testimony
• Government entities, such as city or state agencies, for civil rights violations

Keep in mind: Judges and some other officials have absolute immunity and cannot be sued for their decisions on the bench. But others may still be held accountable through a well-supported civil lawsuit.

Types of Claims You Can Bring for a Wrongful Conviction

There are several possible legal claims that a wrongfully convicted person can bring in a civil lawsuit. The most common include:

• Malicious prosecution – Suing for being wrongfully prosecuted without probable cause
• False imprisonment – Holding someone against their will without legal justification
• Violation of constitutional rights – Claims under 42 U.S.C. § 1983, which allows individuals to sue the government for civil rights violations

In New Mexico, the Tort Claims Act limits when and how the state can be sued. However, if your civil rights were violated, your case may fall under exceptions to that rule. A skilled attorney can help you build your case and identify which claims apply.

Damages You Can Recover for a Wrongful Conviction

A wrongful conviction often leads to serious financial and emotional damage. A civil lawsuit can help you recover compensation for what you’ve lost. You may be able to recover:

• Lost wages and future income
• Pain and suffering from time spent in prison
• Emotional distress
• Loss of reputation and damage to your personal relationships
• Legal costs associated with clearing your name

Time Limits to File a Lawsuit

You don’t have forever to file a lawsuit. There are strict time limits, called statutes of limitations, that apply to wrongful conviction claims.

Generally, the clock starts on the date your conviction is overturned or your record is cleared—not when you were originally convicted. However, calculating the exact deadline can be complicated. If you wait too long, your case could be dismissed, no matter how strong it is.

Don’t risk missing your chance to file. An experienced civil attorney can review your case and make sure everything is filed on time.

Why You Need a Civil Litigation Attorney

Wrongful conviction lawsuits are complex. They often involve suing government agencies, navigating immunity rules, and building a case that shows how your rights were violated. These cases also require detailed knowledge of both state and federal law.

A civil litigation attorney can help by:

• Investigating the circumstances of your conviction
• Gathering the right evidence
• Filing the correct legal documents
• Identifying all liable parties
• Calculating the full value of your damages
• Fighting for your rights in court or in settlement negotiations

Trying to handle a lawsuit on your own can hurt your chances of success. With a lawyer from Harrison & Hart on your side, you’ll have the support you need to seek justice and fair compensation.

Contact a New Mexico Wrongful Conviction Attorney Today

If you were wrongfully convicted and later exonerated, you may be entitled to compensation for the harm you’ve suffered. These cases are serious—and so are the stakes. The sooner you speak with a civil litigation attorney, the sooner you can start building your case and moving forward with your life.

Call our firm today at 505-295-3261 or contact us to schedule a consultation. We’ll review your case, explain your options, and help you fight for the justice you deserve.