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New Mexico record expungement

In the state of New Mexico, expungement can mean different things depending on the case. In the case of expunged DNA records, expungement means the court will throw away all samples, records, personal identification and information relating to your case.

In expungement orders for juvenile records, the court will vacate all of its findings and orders. It will also order that the legal, social files and records of the court, and all other law enforcement agencies expunge the case.

For any juvenile charged with an offense that was later dismissed, the order to expunge will consist of all official records involving the arrest, indictment or information, trial, the plea, and dismissal pursuant to this section with the exception of nonpublic records that have been filed with the attorney general.

There are only certain crimes that you can expunge. You must also meet certain requirements. If you were a person who were arrested for a misdemeanor offense and the arrest wasn't for a crime of ethical turpitude and a final disposition can't be found you are eligible.

In addition, if you were a first-time juvenile drug offender at the time of the offense and had the charges against you dismissed or discharged after satisfying the terms of probation.

Also a person whose conviction led to the addition of his/her sample and DNA records in the DNA identification system, and the charges were reversed, is eligible to expunge their records.

Lastly, anyone who has been the subject of a petition under the Childrens' Code and two years have passed since the final release of the individual from legal custody, or two years have passed since the entry of any other judgment that doesn't involve legal custody or supervision; and the person hasn't, within the two years immediately preceding to filing the motion, have been convicted of a felony or of a misdemeanor relating to ethical turpitude, or found delinquent by a court, and there are no other charges pending.

A person who is trying to expunge their record must provide DNA records to the administrative center. They also must send a written request for expungement. They must get a certified copy of a court order that reverses the conviction and send it in. They must also send in successful completion of a pre-prosecution diversion program, or a provisional discharge, conviction or acquittal if they were a juvenile; or a sworn affidavit that no felony charges stemming from the arrest have been filed, and one year or more.

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