Expungement in New Mexico
In the state of New Mexico, expungement entails destroying any records, samples, identification of, and information pertaining to any DNA records. When the final disposition of a case cannot be found, the individual’s arrest records can also be expunged. In these circumstances, all arrest records on file with the federal Bureau of Investigation and state police agencies will be destroyed. It is possible to delete juvenile case records and index references. Following this, all law enforcement agencies, departments, officers, and the court will recognize that the arrest record is no longer valid.
Aside from DNA records, only certain records can be deleted. In juvenile cases, all records will be destroyed, including petition judgments, social and legal files, court records, and any findings. The court can also be asked to destroy all law enforcement files related to the juvenile case. Offenses committed by those over the age of eighteen and dismissed under New Mexico law 30-31-28 can be expunged and will not be available for public viewing. Except for the attorney general’s non-public files, these files contain pleas of guilty, trial records, indictments, arrest records, discharge records, dismissal records, and any other information. Expungement is possible when there has not been a final disposition location. Expungement in this context refers to removing any evidence of an arrest from federal or state records.
Eligibility for Expungement in New Mexico
In the state of New Mexico, only certain individuals are eligible for expungement. These individuals include any individuals who were arrested for a petty misdemeanor or a simple misdemeanor and have no location of a final disposition; first-time drug offenders under the age of eighteen whose charges were dismissed and who were later discharged; any individuals whose convictions were reversed due to DNA evidence; and any individuals who have not been convicted of a misdemeanor or felony due to delinquency omission after two years.
Expungement in New Mexico
When a final disposition cannot be found, a file can be expunged through the law enforcement department that originally handled the case. This jurisdiction will have complete access to the records and will be in charge of their upkeep. DNA record expungement can be accomplished by submitting a petition to the appropriate administrative agencies that hold the files. The petition must include a personal request for the removal of DNA records and DNA samples; an official copy of the court order stating that the conviction where the samples were taken was reversed; an official copy of the nolle prosequi, dismissal, conditional discharge, acquittal, completion of a diversion program, or misdemeanor conviction; and a document stating that no subsequent felony charges exist or have been brought since one year of the arrest for the misdemeanor conviction. If the individual was under the age of eighteen at the time of the offense, a juvenile case can be filed. These petitions must be filed with the court that has jurisdiction over the records.