New Mexico: Adult Convictions (NM-C-2)

Records relating to an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, shall be expunged. N.M. Stat. Ann. § 29-3A-9(a).

Record Detail(s)

Decriminalized

Conviction vacated or reversed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

Only an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, is eligible. N.M. Stat. Ann. § 29-3A-9(a).

Procedure General

The correctional facility, county jail, or juvenile correctional facility in which a person is currently incarcerated for an offense that is no longer a crime, shall notify the court that the convicted person's case may be expunged. N.M. Stat. Ann. § 29-3A-9(a).

Fees

No fee or cost of any kind shall be imposed upon a person whose sentence is reviewed pursuant to this section. N.M. Stat. Ann. § 29-3A-9(L).

Effect

The department of public safety shall expunge the public record pertaining to the offense; provided that if the arrest included multiple charges, only the portions of the public records related to the cannabis charge shall be expunged. N.M. Stat. Ann. § 29-3A-9(H).

Waiting Periods

There is no waiting period.

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