New Mexico Statutes 29-3A-2. Definitions
As used in the Criminal Record Expungement Act:
Terms Used In New Mexico Statutes 29-3A-2
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
A. “arrest records” means records of identification of a person under arrest or under investigation for a crime taken or gathered by an official; “arrest records” includes information gathered from the national crime information center or another criminal record database, photographs, fingerprints and booking sheets; except “arrest records” does not include:
(1) driving while intoxicated citations maintained by the taxation and revenue department;
(2) computer-aided dispatch information; or
(3) log books relating to breath alcohol testing equipment;
B. “expungement” means the removal from access to the general public of a notation of an arrest, complaint, indictment, information, plea of guilty, conviction, acquittal, dismissal or discharge record, including a record posted on a publicly accessible court, corrections or law enforcement internet website; and
C. “public records” means documentation relating to a person’s arrest, indictment, proceeding, finding or plea of guilty, conviction, acquittal, dismissal or discharge, including information posted on a court or law enforcement website; but “public records” does not include:
(1) arrest record information that:
(a) reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime; or
(b) is confidential and unlawful to disseminate or reveal, except as provided in the Arrest Record Information Act [N.M. Stat. Ann. Chapter 29, Article 10] or other law;
(2) the file of a district attorney or attorney general maintained as a confidential record for law enforcement purposes and not open for inspection by members of the public;
(3) a record maintained by the children, youth and families department, the human services department [health care authority department] or the public education department when that record is confidential under state or federal law and is required to be maintained by state or federal law for audit or other purposes; or
(4) a record received pursuant to a background check as authorized by law.