New Mexico: Adult Convictions (NM-C-1)

Records relating to non-homicide offenses committed by a victim of human trafficking due to duress, coercion, use of force, threat, or fraud can be sealed by the court. N.M. Stat. Ann. § 30-52-1.2.

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

A person convicted of homicide is ineligible. N.M. Stat. Ann. § 30-52-1.2(A)(2).

Procedure General

The petition must be filed in the district court. The court must find that the petitioner's involvement was a result of duress, coercion, use of force, threat, or fraud committed against the petitioner. For the specific procedure, see N.M. Stat. Ann. § 30-52-1.2.

Fees

There is no statutory language regarding fees.

Effect

The case is treated as if it never occurred, and all index references are deleted. The court, law enforcement agencies, and the person respond to inquiries that no record exists. N.M. Stat. Ann. § 30-52-1.2.

Waiting Periods

There is no statutory language regarding a waiting period.

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