SENATE BILL 467
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO CRIMINAL RECORDS; REMOVING THE TIME REQUIREMENT FOR THE COURT TO ISSUE AN ORDER; REMOVING THE REQUIREMENT FOR NOTICE TO THE DEPARTMENT OF PUBLIC SAFETY AND LAW ENFORCEMENT AGENCIES IN CERTAIN CIRCUMSTANCES; REMOVING EMBEZZLEMENT AS A QUALIFYING OFFENSE FOR EXPUNGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-3A-3 NMSA 1978 (being Laws 2019, Chapter 203, Section 3) is amended to read:
"29-3A-3. EXPUNGEMENT OF RECORDS UPON IDENTITY
THEFT.--
A. A person who is wrongfully identified in arrest records or public records as a result of identity theft may petition the district court for an order to expunge arrest records and public records.
B. After a hearing on the petition and upon a showing that the person is a victim of identity theft, the court shall issue an order [within thirty days of the hearing] requiring that all arrest records and public records be expunged.
C. 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 such records to any person, except upon order of the court.
D. After notice to and a hearing for all interested parties and in compliance with all applicable law, the court shall insert in the records the correct name and other identifying information of the offender, if known or ascertainable, in lieu of the name of the person wrongly identified."
SECTION 2. Section 29-3A-4 NMSA 1978 (being Laws 2019, Chapter 203, Section 4, as amended) is amended to read:
"29-3A-4. EXPUNGEMENT OF RECORDS UPON RELEASE WITHOUT CONVICTION.--
A. 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 in the district in which the charges against the person originated for an order to expunge arrest records and public records related to that case.
B. A petitioner shall provide notice by first-class United States mail of the filed petition to the [following parties] district attorney for that district, which [parties] shall be given thirty days in which to provide to the district court any objections to the petition
[(1) the district attorney for that district; and
(2) the department of public safety].
C. A single petition filed pursuant to Subsection A of this section may include a request to expunge multiple arrest records and public records that originated within the jurisdiction of a district. A petition shall be filed under seal or under pseudonym. Petitions brought pursuant to the Criminal Record Expungement Act and all records of proceedings thereunder shall be expunged upon the conclusion of proceedings. The petitioner shall attach to and file with the petition copies of the petitioner's record of arrest and prosecutions from the department of public safety dated no earlier than ninety days prior to the date the petition is filed.
D. A party that seeks to object to a petition on the basis of the contents of a petitioner's record of arrest and prosecutions from the federal bureau of investigation must provide a copy of that record to a petitioner at no charge at the time the party objects.
E. After a hearing on the petition, the court shall issue an order [within thirty days of the hearing] requiring that all arrest records and public records related to the case be expunged if it finds that no other charge or proceeding is pending against the petitioner and if the petitioner was released without a conviction, including:
(1) an acquittal or finding of not guilty;
(2) a nolle prosequi, a no bill or other dismissal;
(3) a referral to a preprosecution diversion program;
(4) an order of conditional discharge pursuant to Section 31-20-13 NMSA 1978; or
(5) the proceedings were otherwise discharged.
F. 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."
SECTION 3. Section 29-3A-5 NMSA 1978 (being Laws 2019, Chapter 203, Section 5) is amended to read:
"29-3A-5. EXPUNGEMENT OF RECORDS UPON CONVICTION.--
A. A person convicted of a violation of a municipal ordinance, misdemeanor or felony, following the completion of the person's sentence and the payment of any fines or fees owed to the state for the conviction, may petition the district court in which the person was convicted for an order to expunge arrest records and public records related to that conviction.
B. A petitioner shall provide notice of the filed petition to the [following parties] district attorney for that district, which [parties] shall be given an opportunity to provide to the district court any objections to the petition
[(1) the district attorney for that district;
(2) the department of public safety; and
(3) the law enforcement agency that arrested the petitioner].
C. After a hearing on a petition, the court shall issue an order [within thirty days of the hearing] requiring that all arrest records and public records related to the conviction be expunged if the court finds that:
(1) no other charge or proceeding is pending against the petitioner;
(2) justice will be served by an order to expunge;
(3) the petitioner has fulfilled any victim restitution ordered by the court in connection with the petitioner's conviction; and
(4) no other criminal conviction of the petitioner has occurred for a period of:
(a) two years if the petition relates to a conviction for a violation of a municipal ordinance or a misdemeanor not otherwise provided in this paragraph;
(b) four years if the petition relates to a misdemeanor conviction for aggravated battery as provided in Subsection B of Section 30-3-5 NMSA 1978 or to a conviction for a fourth degree felony not otherwise provided in this paragraph;
(c) six years if the petition relates to a conviction for a third degree felony not otherwise provided in this paragraph;
(d) eight years if the petition relates to a conviction for a second degree felony not otherwise provided in this paragraph; or
(e) ten years if the petition relates to a conviction for a first degree felony or for any offense provided in the Crimes Against Household Members Act.
D. 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 such records to any person, except upon order of the court.
E. To determine whether justice will be served by an order to expunge, the court shall consider:
(1) the nature and gravity of the offense or conduct that resulted in the petitioner's conviction;
(2) the petitioner's age, criminal history and employment history;
(3) the length of time that has passed since the offense was committed and the related sentence was completed;
(4) the specific adverse consequences the petitioner may be subject to if the petition is denied; and
(5) any reasons to deny expungement of the records submitted by the district attorney.
F. For the purposes of determining the time lapsed since a criminal conviction as required in Subsection C of this section, time shall be measured from the last date on which a person completed a sentence for a conviction in any jurisdiction.
G. The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978 [embezzlement pursuant to Section 30-16-8 NMSA 1978] or an offense involving driving while under the influence of intoxicating liquor or drugs."
SECTION 4. REPEAL.--Section 29-10-8 NMSA 1978 (being Laws 1977, Chapter 339, Section 5, as amended) is repealed.
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