A. An individual convicted of an offense may petition for an order of limited relief from one or more collateral sanctions related to employment, education, housing, public benefits or occupational licensing. The petition shall be presented to the sentencing court before sentencing.
B. Except as otherwise provided in Section 11 [31-29-11 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act, the court may issue an order of limited relief relieving one or more of the collateral sanctions described in Subsection A of this section only if, after reviewing the petition, the individual's criminal history, any filing by a victim pursuant to Section 14 [31-29-14 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act or a prosecutor and any other relevant evidence, the court finds the individual has established by a preponderance of the evidence that:
(1) granting the petition will materially assist the individual in obtaining or maintaining employment, education, housing, public benefits or occupational licensing;
(2) the individual has substantial need for the relief requested in order to live a law-abiding life; and
(3) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.
C. An order of limited relief may be issued as a part of sentencing. The order of limited relief shall specify:
(1) the collateral sanction from which relief is granted; and
(2) any restriction imposed pursuant to Subsection A of Section 12 [31-29-12 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act.
D. An order of limited relief relieves a collateral sanction to the extent provided in the order.
E. If a collateral sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in Section 8 [31-29-8 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act.
History: Laws 2021, ch. 58, § 10.
Effective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 10 effective January 1, 2022.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 29 - Uniform Collateral Consequences of Conviction
Section 31-29-1 - Short title. (Effective January 1, 2022.)
Section 31-29-2 - Definitions. (Effective January 1, 2022.)
Section 31-29-3 - Limitation on scope. (Effective January 1, 2022.)
Section 31-29-7 - Authorization required for sanction; ambiguity. (Effective January 1, 2022.)
Section 31-29-8 - Decision to disqualify. (Effective January 1, 2022.)
Section 31-29-10 - Order of limited relief. (Effective January 1, 2022.)
Section 31-29-12 - Issuance of order of limited relief. (Effective January 1, 2022.)
Section 31-29-13 - Reliance on order as evidence of due care. (Effective January 1, 2022.)
Section 31-29-14 - Victim's rights. (Effective January 1, 2022.)
Section 31-29-15 - Uniformity of application and construction. (Effective January 1, 2022.)
Section 31-29-16 - Saving and transitional provisions. (Effective January 1, 2022.)