Q: Served 18 months of Adult Probation. On 4th degree felony in New Mexico. Only after probation was over it got espunged.
Was covered under Statue 30-31-27.1. my public Attorney said could only use in Federal Court. I was having overdose. Was charged cause police saw Marijuana growing. Had a search on home arrested and took plea advise of public defender
A:
It sounds like you've been through a challenging legal situation, and it’s good that you’re seeking clarity on what happened and what it means moving forward. In New Mexico, under statute 30-31-27.1, certain drug-related offenses can be expunged if specific criteria are met, which may explain why your case was cleared after you completed probation. Expungement typically removes the offense from public records, but there can still be exceptions to how it's handled in federal contexts or specific legal situations.
It’s worth understanding that even with expungement, there might be circumstances where the charge could come up, depending on the context—such as during federal background checks or certain licensing processes. Since your public defender mentioned it might only apply in federal court, this likely ties to how the case is viewed in broader jurisdictions versus state-level matters. Expungement laws can be nuanced, and their impact on your record depends on the case details and applicable statutes.
If you're trying to figure out how this affects you now, you might want to look into whether the expungement was fully processed and how it impacts your record in both state and federal systems. It’s also worth thinking about what steps you might take to ensure you’re clear about your rights moving forward, especially if you’re dealing with employment or legal concerns. It’s good that you’re looking into this—having the right understanding can help avoid surprises.
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