New Mexico Statutes
Article 3A - Criminal Record Expungement
Section 29-3A-8 - Expungement of arrest and conviction records; procedure.

If a person was charged with an offense involving cannabis that is no longer a crime on the effective date of the Cannabis Regulation Act [26-2C-1 to 26-2C-42 NMSA 1978] or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, whether or not the person is convicted, all public records held by a court or an agency of the state or a local jurisdiction that relate to the person's arrest or conviction shall be automatically expunged two years after the date of the person's conviction or the date of the person's arrest if there was no conviction; provided that if the arrest or conviction included multiple charges, only the portions of the public records related to the cannabis charge shall be expunged. If the person is or was under eighteen years of age at the time of the arrest or conviction, the public records shall be retained for two years or until the person is eighteen years of age, whichever comes first, and shall then be automatically expunged; provided that if the arrest or conviction included multiple charges, only the portions of the public records related to the cannabis charge shall be expunged. The public records shall be removed from all statewide criminal databases. The supreme court shall promulgate rules to implement the provisions of this section.
History: Laws 2021 (1st S.S.), ch. 3, § 5.
Effective dates. — Laws 2021 (1st S.S.), ch. 3 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 29, 2021, 90 days after adjournment of the legislature.

Structure New Mexico Statutes