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New Mexico Criminal Record Expungement

 

Like most other states in our country, New Mexico has laws allowing the process of criminal record expungement to occur for certain people under certain circumstances. Expungement in New Mexico is a fairly thorough ordeal involving the destruction of any samples, records, information, or identification of DNA records. Arrest records for an individual may also qualify for expungement in the event that the final disposition of a case can not be found. Under such circumstances, arrest records will be destroyed both at all state police agencies and at the FBI. For cases involving juveniles, index references and case records are eligible for expungement. Once the process of removing all related files has been completed, all New Mexico law enforcement departments, agencies, officers, and the court will state that no arrest record for this offense exists. Outside of DNA records, New Mexico only allows expungement for certain types of records.

 

Most records for juvenile offenders are eligible for expungement, including:

 

  • Social and legal files
  • Petition judgments
  • Records of the court
  • Any findings
  • Law enforcement files (if the court is petitioned to do so)

 

For adult offenders, if the case has been dismissed under New Mexico Law 30-31-28, it is considered eligible for expungement. Files for those types of cases that may be expunged include:

 

  • Trial records
  • Guilty pleas
  • Indictments
  • Arrest records
  • Dismissal records
  • Discharge records
  • Any other information (excepting non-public files kept by the attorney general)

 

Why Expungement Is Important in New Mexico

 

You might wonder why states go to all the trouble of having records expunged. After all, isn’t the point of a criminal record so that law enforcement agencies are better able to track and punish criminals based on their history? While that is absolutely true, it isn’t career criminals that New Mexico is worried about. The people harmed the most by having a criminal record aren’t multiple offenders, but individuals trying to live normal, productive lives.

 

How? Because people and agencies involving with hiring employees, providing housing, authorizing credit and loans, and offering licenses tend to do background checks, and one of the first things they all see when they look into your history is your criminal record. For some, this is an immediate deal breaker, but even for those who would still keep you in contention, they are far more likely to choose someone without a criminal record than with one.

 

Expungement can eliminate this problem for some people by making it appear to anyone in the public that your crime doesn’t exist, and in fact you will be legally allowed to state that you were never arrested or charged after that record has been expunged.

 

New Mexico Expungement Eligibility: Who Can Do It?

 

If expungement were allowed for every person and every type of crime, it would defeat the purpose of having a criminal record in the first place. Therefore, New Mexico only allows expungement to a select few. Who is eligible?

 

  • individuals arrested for a petty or simple misdemeanor where no location of a final disposition exists
  • first-time juvenile drug offenders who have charges dismissed and were discharged
  • individuals who have convictions reversed due to DNA evidence
  • for those who fall under the Children's Code, individuals who have not been convicted of a felony or misdemeanor due to moral turpitude or delinquency after two years have passed

 

Expungement Process for New Mexico

 

According to the law of New Mexico, when a final disposition cannot be found, a file is eligible for expungement through the law enforcement department that initially dealt with the case. They will be in charge of maintaining all records and have full access to them.

 

A petition to the administrative agencies keeping the files is needed to expunge DNA records. This document has to include:

 

  • a personal request for the DNA records and samples to be destroyed
  • an official copy of the court order stating that the conviction for which the samples were taken has been reversed
  • an official copy of the nolle prosequi, conditional discharge, dismissal, acquittal, misdemeanor conviction, or record of completion for a diversion program
  • a document reflecting the fact that for a year since the arrest detailed in the petition, the individual has received no subsequent felony charges


 

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