New Mexico: Juvenile Court Records and Law Enforcement Records (NM-AR-3)

A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21.

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Vacate

Ineligible Category or Citation

There are no ineligible offenses.

Procedure General

The motion must be made in the court that adjudicated the person. For the specific procedure, see N.M. Stat. Ann. § 32A-3B-21.

Fees

There is no statutory language on fees.

Effect

Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and 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 with respect to such person. N.M. Stat. Ann. § 32A-3B-21(C).

Waiting Periods

The order can be entered two years after judgment or release from custody and supervision. N.M. Stat. Ann. § 32A-3B-21(A).

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