New Mexico Statutes 29-3A-5. Expungement of records upon conviction
A. A person convicted of a violation of a municipal ordinance, misdemeanor or felony, following the completion of the person’s sentence and the payment of any fines or fees owed to the state for the conviction, may petition the district court in which the person was convicted for an order to expunge arrest records and public records related to that conviction.
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | up to 18 years | up to $15,000 |
| second degree felony | up to 9 years | up to $10,000 |
| third degree felony | up to 3 years | up to $5,000 |
| fourth degree felony | up to 18 months | up to $5,000 |
Terms Used In New Mexico Statutes 29-3A-5
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. A petitioner shall provide notice of the filed petition to the following parties, which parties shall be given an opportunity to provide to the district court any objections to the petition:
(1) the district attorney for that district; (2) the department of public safety; and
(3) the law enforcement agency that arrested the petitioner.
C. After a hearing on a petition, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records related to the conviction be expunged if the court finds that:
(1) no other charge or proceeding is pending against the petitioner; (2) justice will be served by an order to expunge;
(3) the petitioner has fulfilled any victim restitution ordered by the court in connection with the petitioner’s conviction; and
(4) no other criminal conviction of the petitioner has occurred for a period of: (a) two years if the petition relates to a conviction for a violation of a municipal ordinance or a misdemeanor not otherwise provided in this paragraph;
(b) four years if the petition relates to a misdemeanor conviction for aggravated battery as provided in Subsection B of Section 30-3-5 N.M. Stat. Ann. or to a conviction for a fourth degree felony not otherwise provided in this paragraph;
(c) six years if the petition relates to a conviction for a third degree felony not otherwise provided in this paragraph;
(d) eight years if the petition relates to a conviction for a second degree felony not otherwise provided in this paragraph; or
(e) ten years if the petition relates to a conviction for a first degree felony or for any offense provided in the Crimes Against Household Members Act [30-3-10 to 30- 3-18 NMSA 1978].
D. The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court.
E. To determine whether justice will be served by an order to expunge, the court shall consider:
(1) the nature and gravity of the offense or conduct that resulted in the petitioner’s conviction;
(2) the petitioner’s age, criminal history and employment history;
(3) the length of time that has passed since the offense was committed and the related sentence was completed;
(4) the specific adverse consequences the petitioner may be subject to if the petition is denied; and
(5) any reasons to deny expungement of the records submitted by the district attorney.
F. For the purposes of determining the time lapsed since a criminal conviction as required in Subsection C of this section, time shall be measured from the last date on which a person completed a sentence for a conviction in any jurisdiction.
G The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 N.M. Stat. Ann., embezzlement pursuant to Section 30-16-8 N.M. Stat. Ann. or an offense involving driving while under the influence of intoxicating liquor or drugs.