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 or felony 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 of the filed petition to the following parties, 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 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.
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 the records to any person, except upon order of the court.
History: Laws 2019, ch. 203, § 4.
Effective dates. — Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
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