New Mexico Living: David Richter

In Expungement of a Criminal Record by Sean Friend2 Comments

David Richter was invited to speak on local television station KRQE for a short segment on New Mexico Living. He spoke about a new law going into effect January 2020: New Mexico Expungement of a Criminal Record.

David A. Richter graduated from the University of California at Davis School of Law (J.D., 2005) where he served as student coordinator for the King Hall Immigration Clinic and assisted in the creation of an advocacy unit for noncitizen criminal defendants. After graduating, David managed two closely held commercial real estate partnerships in Northern California. He negotiated several sale purchase agreements of both developed and undeveloped commercial properties. In 2013, he joined Cuddy & McCarthy, LLP in Santa Fe, NM where he principally represented public sector entities in federal court. During the last two years, David launched a private practice and offered business consulting services to a number of start-ups. He graduated cum laude from the University of California at Santa Cruz (B.A., 2000) where he studied Political Theory. David studied Arabic at the Monterey Institute of International Studies, and speaks Spanish with functional fluency. He is admitted to practice before both state and federal courts of New Mexico.

Effective January 1, 2020

A comprehensive new expungement law authorizes courts to limit public access to non-conviction records one year after disposition if no other charges are pending, and to most convictions for felonies, misdemeanors and municipal ordinances after varying waiting periods.

Specifically, the law allows for expungement in the following circumstances:

  1. Expungement of Criminal Records due to identity theft.
  2. Expungement of Criminal Records due to release without conviction.
  3. Expungement of Criminal Records upon conviction.
    (after completion of sentence, payment of fines and having a specified amount of time pass since conviction)

Watch it here

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Comments

    1. Hi, there.

      Great question! Does expungement under the new Act in New Mexico give ex-felons their guns back and the right to vote?

      For 2nd amendment issues, our belief is that if you were convicted under a NM Statute (versus a Federal Statute), you successfully get the conviction expunged, AND you have no other disqualifying charges or convictions, you get your 2nd Amendment rights back.

      You didn’t ask about voting, but we’re going to try and figure that out. We’ll publish more information, as it becomes available.

      Larry.

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