New Mexico: Adult Non-Conviction Arrests (NM-NC-1)

One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code, may petition the district court for an order to expunge arrest records and public records related to that case. N.M. Stat. Ann. § 293A-9(a).

Record Detail(s)

No conviction obtained

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Persons with municipal ordinance, misdemeanor, felony, and certain motor vehicle convictions are ineligible. N.M. Stat. Ann. § 29-3A-4(A).

Procedure General

The petition must be filed in the district court. N.M. Stat. Ann. § 29-3A-4(A).

Fees

There is no statutory language regarding fees.

Effect

The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of the records to any person, except upon order of the court. N.M. Stat. Ann. § 29-3A-4(f).

Waiting Periods

There is a 1-year waiting period.

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