Expungement NM Legis 203 “HB 370”
Expungement NM Legis 203 “HB 370” (also known as the “Criminal Records Expungement Act”) is an act that relates to criminal records. It codifies authority to expunge one’s criminal record, repealing and enacting sanctions of the NMSA 1978. Although NM Legis 203 does not go into effect until January 1, 2020, it’s important to go over exactly how it will change the landscape of expungement in the state of New Mexico.
Terms You Need to Know
First, let us go over the terms that will be used to explain this act. Arrest records are any records used to identify a person who is under arrest or under investigation for a crime, gathered by an official. In general, these records include information from the national crime information center as well as other criminal record database sheets. Although the term “arrest records” tends to be seen as a catch-all phrase, it doesn’t include certain information such as DWI citations that are maintained by the taxation and revenue department, computer-aided dispatch information, or logbooks relating to breath alcohol testing equipment.
Expungement, then, means the removal of a notation of an arrest, complaint, indictment, information, a plea of guilt, conviction, acquittal, dismissal, or discharge record from access to the general public. This includes records posted on a publicly accessible court as well as on corrections or law enforcement website. Here, public records mean any documentation relating to a person’s arrest. Public records do not include any arrest information that reveals confidential sources or is confidential and unlawful to reveal.
How To Have Your Records Expunged
So, now that that’s all squared away, it’s time to talk about the changes to expungement in the state of New Mexico. Let’s first touch on the expungement of records upon identity theft. If an individual is wrongfully identified in arrest records as a result of identity theft, they may petition the district court for an order to expunge arrest and public records. The court shall issue an expunction order within thirty days of the hearing.
Now, let’s shift our focus to expungement of records upon release without conviction. When a full year passes from the case’s date of the final disposition, an individual release without conviction for a violation of a municipal ordinance, misdemeanor, or felony may petition the district court for expungement.
Records Upon Conviction
Now, let’s look at expungement of records upon conviction. If you’re convicted for a violation of a municipal ordinance, misdemeanor, or felony and you’ve completed your sentence and paid any fines or fees, you may petition the district court for expungement. In order for the expungement to follow through, the court must find that no other charges are pending against the petitioner, justice will be served by an order to expunge, the petitioner has fulfilled any victim restitution ordered by the court in connection to the petitioner’s conviction, and no other criminal conviction of the position has occurred for any period of two to 10 years (depending on various specific circumstances).
For Record Expungement Assistance, Contact the Law Office of W. Shane Jennings
In order to succeed in your record expungement, it’s necessary to work with a skilled and experienced lawyer. Choose W. Shane Jennings as your expunction lawyer.