Expungement of Criminal Records – General – New Mexico
1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just disappear?
In the case of expunged DNA records, expungement means the complete destruction of all samples, records, personal identification and information concerning that person. § 10.14.200.12.
For arrest records ordered expunged when a final disposition can’t be located, expunge means to remove a notation of an arrest placed on a person’s state record or federal bureau of investigation record. § 29-3-8.1.
In expungement orders of juvenile records under § 32A-3B-21, all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists.
3. What records may be expunged?
In the case of expunged DNA records, expungement means the complete destruction of all samples, records, personal identification and information concerning that person. § 10.14.200.12.
In expungement orders of juvenile records under § 32A-3B-21, court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the court, the department and any other agency in the case expunged, and if requested in the motion the court shall also order law enforcement files and records expunged.
For records of persons charged with offenses committed while not over the age of 18 and later dismissed under § 30-31-28, the order to expunge includes all official records all recordation relating to his arrest, indictment or information, trial, finding or plea of guilty, and dismissal and discharge pursuant to this section except nonpublic records filed with the attorney general.
For arrest records ordered expunged when a final disposition can’t be located, expunge means to remove a notation of an arrest placed on a person’s state record or federal bureau of investigation record. § 29-3-8.1.M
4. Who is eligible for an order to expunge criminal records?
1) Persons who were arrested for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude and a final disposition can’t be located. § 29-3-8.1.
2) A first-time drug offender not over the age of 18 at the time of the offense who has charges dismissed and is discharged after fulfilling terms of probation. § 30-31-28.
3) A person whose conviction that led to the inclusion of his sample and DNA records in the DNA identification system has been reversed. § 29-16-10.
4) A person who has been the subject of a petition under the Childrens’ Code and two years have elapsed since the final release of the individual from legal custody and supervision, or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending. §32A-3B-21.
5. How do I get records expunged?
Persons whose final dispositions of arrest can’t be located must file a petition to expunge with the department of law enforcement with jurisdiction over the records. § 29-3-8.1.
A person seeking expungement of DNA records must provide the administrative center with the following materials:
1) a written request for expungement of the sample and DNA
records; and(2) a certified copy of a court order that reverses the
conviction that led to the inclusion of the sample; or(3) for samples included pursuant to arrest:
(a) a certified copy of the dismissal, nolle prosequi,
successful completion of a pre-prosecution diversion program
or a conditional discharge, misdemeanor conviction or
acquittal; or(b) a sworn affidavit that no felony charges arising out of
the arrest have been filed within one year. § 29-16-10.In the cases of persons seeking expungement of juvenile records under § 32A-3B-21 or records of discharged offenses committed while not over 18 under § 30-31-28, petition must be made to the court having jurisdiction over the records. The order to expunge must be granted if the statutory requirements are met.
