Under New Mexico law, if you plea guilty to your charge or are found guilty after trial and ultimately receive a suspended sentence, the judge will actually impose a sentence but the execution of the sentence will be suspended in whole or in part. If a suspended sentence is successfully completed, all obligations to the court and state are discharged but the conviction stays on your record until you are able to expunge the charge (if eligible). Therefore, with background checks for employment, for example, the charge to which you received a suspended sentence for will appear as a conviction. Receiving a suspended sentence as opposed to a deferred sentence may also effect the restoration of certain rights and your potential eligibility for expungement may be prolonged depending on the circumstances. 

Under New Mexico law, a deferred sentence requires either an admission of guilt by a guilty plea or a finding of guilt by the judge or jury at the conclusion of trial. However, with a deferred sentence, the judge does not actually impose a sentence. The judge essentially delays any imposition of a sentence for a certain period of time with specific requirements to be completed such as supervised probation. However, the judge does reserve the right to actually impose a sentence if an offender violates a condition of their deferred sentence. If you successfully complete a deferred sentence, other than for purposes of sentencing enhancement considerations on future charges, you have technically not been convicted of the crime. This is because upon successful completion of the deferred sentence, a judge will grant your attorney's motion for your case to receive a deferred dismissed. Therefore, with background checks for employment, for example, your charge will appear as a dismissal. Receiving a deferred sentence will also allow for a more speedy timeline on when your applicable lost rights may be restored and when you may expungement your case (if eligible). 

Under New Mexico law, you are afforded only one (1) opportunity for a conditional discharge in a lifetime. A conditional discharge is a privilege, not a right.  Whether you get the opportunity to receive a conditional discharge on your felony charge(s) largely depends on how your attorney works your case, the nature of the charges, circumstances of the case, and/or a judges discretion. If you are granted a conditional discharge in your case, the court will not enter an adjudication of guilt. Therefore, a conditional discharge is not a felony conviction and after your conditional period is successfully completed, under most circumstances, you can truthfully say you've never been convicted of a felony. Furthermore, if you receive a conditional discharge at sentencing, your applicable lost rights will ultimately be restored upon successful completion of the sentence and you will not have to pay any mandatory court costs and fees that are associated to your case. Even better, if you successfully complete a conditional discharge on your felony case, you may be eligible for expungement after only one (1) year from the date you completed your sentence.