New Mexico: Adult Diversion/Deferral Program (NM-D-1)

Records relating to a case dismissed following the successful completion of probation in a first-time controlled substance charge can be expunged by the court if the petitioner was not over the age of 18 at the time of the offense. N.M. Stat. Ann. § 30-31-28(D).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This statute only applies to offenses pursuant to 30-31-23 dismissed following conditional discharge. N.M. Stat. Ann. § 30-31-28(A).

Procedure General

Upon the successful completion of probation, the court will discharge the person and dismiss the proceedings without court adjudication of guilt. Thereafter, a petition may be filed with the court. For the specific procedure, see N.M. Stat. Ann. § 30-31-28.

Fees

There is no statutory language regarding fees.

Effect

The person is restored to the status they occupied before the arrest or indictment. It is not perjury or false statement to fail to recite or acknowledge the arrest, indictment, or trial in response to any inquiry made for any purpose. N.M. Stat. Ann. § 30-31-28(D).

Waiting Periods

The petition can be filed following the discharge and dismissal.

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