Upon successful completion of probation, the charges against the defendant must be dismissed without an adjudication of guilt. See, e.g. , State v. C.L. , 2010–NMCA–050, ¶ 8, 148 N.M. 837, 242 P.3d 404 (holding that after successfully completing probation pursuant to a Section 31–20–13 conditional discharge order, the defendant received the benefit of having the case against her dismissed without an adjudication of guilt). A conditional discharge entered without an adjudication of guilt is not considered a conviction.
Once the defendant completes the probationary period, the case is dismissed without an adjudication of guilt. See State v. C.L., 2010-NMCA-050, ¶ 8, 242 P.3d 404, 406 ("Thus, the court records that are publicly available to a prospective employer would not reflect that Defendant pleaded guilty or otherwise show any finding as to Defendant's guilt -- only that the case against Defendant was dismissed."). According to L. Chapman, the ACA's goal is to promote intrastate sentencing uniformity, and the Court should use New Mexico law to sentence him.
In its order denying Defendant's motion to seal his records, the district court included a finding directed at expungement of Defendant's criminal records. Specifically, the court found that "Defendant failed to demonstrate the existence of exceptional or extraordinary circumstances necessary for th[e c]ourt to exercise its inherent authority" to expunge records under Toth v. Albuquerque Police Department, 1997-NMCA-079, 123 N.M. 637, 944 P.2d 285, and State v. C.L., 2010-NMCA-050, 148 N.M. 837, 242 P.3d 404. Both Toth and C.L. concerned the expungement of criminal records.