HB 331

                                1  HOUSE BILL 331
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4        Yanira Gurrola and Janelle Anyanonu and Eleanor Chávez
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO EXPUNGEMENT; AMENDING THE CRIMINAL RECORD
                                12   EXPUNGEMENT ACT; DEFINING "DOMESTIC VIOLENCE CRIME"; PROVIDING
                                13   A PROCESS FOR A PERSON CHARGED WITH A DOMESTIC VIOLENCE CRIME
                                14   TO REQUEST EXPUNGEMENT OF PUBLIC RECORDS AND ARREST RECORDS ANY
                                15   TIME FOLLOWING THE ACQUITTAL OR DISMISSAL WITH PREJUDICE OF THE
                                16   CHARGE; PROVIDING THAT THE EXPUNGEMENT BE COMPLETED WITHIN
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                                17   THIRTY DAYS FROM THE DATE OF THE ORDER; PROVIDING THAT A PERSON
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                                18   WHO REQUESTS EXPUNGEMENT SHALL NOT BE CHARGED ANY FEES FOR
                                19   SUBMITTING THE REQUEST OR FOR THE EXPUNGEMENT PROCESS; MAKING
                                20   CONFORMING AMENDMENTS.
                                21
                                22   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                23        SECTION 1.   Section 29-3A-2 NMSA 1978 (being Laws 2019,
                                24   Chapter 203, Section 2) is amended to read:
                                25        "29-3A-2.    DEFINITIONS.--As used in the Criminal Record
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                                1    Expungement Act:
                                2  A.   "arrest records" means records of identification
                                3    of a person under arrest or under investigation for a crime
                                4    taken or gathered by an official; "arrest records" includes
                                5    information gathered from the national crime information center
                                6    or another criminal record database, photographs, fingerprints
                                7    and booking sheets; except "arrest records" does not include:
                                8  (1)   driving while intoxicated citations
                                9    maintained by the taxation and revenue department;
                                10  (2)   computer-aided dispatch information; or
                                11  (3)   log books relating to breath alcohol
                                12   testing equipment;
                                13  B.   "domestic violence crime" includes:
                                14  (1)   assault against a household member, as
                                15   provided in Section 30-3-12 NMSA 1978;
                                16  (2)   aggravated assault against a household
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                                17   member, as provided in Section 30-3-13 NMSA 1978;
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                                18  (3)   assault against a household member with
                                19   intent to commit a violent felony, as provided in Section
                                20   30-3-14 NMSA 1978;
                                21  (4)   battery against a household member, as
                                22   provided in Section 30-3-15 NMSA 1978;
                                23  (5)   aggravated battery against a household
                                24   member, as provided in Section 30-3-16 NMSA 1978;
                                25  (6)   criminal damage to the property of a
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                                1    household member or deprivation of the property of a household
                                2    member, as provided in Section 30-3-18 NMSA 1978; and
                                3  (7)    violating an order of protection granted
                                4    by a court under the Family Violence Protection Act, as
                                5    provided in Section 40-13-6 NMSA 1978;
                                6  [B.] C.    "expungement" means the removal from access
                                7    to the general public of a notation of an arrest, complaint,
                                8    indictment, information, plea of guilty, conviction, acquittal,
                                9    dismissal or discharge record, including a record posted on a
                                10   publicly accessible court, corrections or law enforcement
                                11   internet website; and
                                12  [C.] D.    "public records" means documentation
                                13   relating to a person's arrest, indictment, proceeding, finding
                                14   or plea of guilty, conviction, acquittal, dismissal or
                                15   discharge, including information posted on a court or law
                                16   enforcement website; but "public records" does not include:
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                                17  (1)    arrest record information that:
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                                18  (a)   reveals confidential sources,
                                19   methods, information or individuals accused but not charged
                                20   with a crime and that is maintained by the state or any of its
                                21   political subdivisions pertaining to any person charged with
                                22   the commission of any crime; or
                                23  (b)   is confidential and unlawful to
                                24   disseminate or reveal, except as provided in the Arrest Record
                                25   Information Act or other law;
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                                1  (2)   the file of a district attorney or
                                2    attorney general maintained as a confidential record for law
                                3    enforcement purposes and not open for inspection by members of
                                4    the public;
                                5  (3)   a record maintained by the children, youth
                                6    and families department, the [human services department] health
                                7    care authority or the public education department when that
                                8    record is confidential under state or federal law and is
                                9    required to be maintained by state or federal law for audit or
                                10   other purposes; or
                                11  (4)   a record received pursuant to a background
                                12   check as authorized by law."
                                13        SECTION 2.    Section 29-3A-4 NMSA 1978 (being Laws 2019,
                                14   Chapter 203, Section 4, as amended) is amended to read:
                                15        "29-3A-4.    EXPUNGEMENT OF RECORDS UPON RELEASE WITHOUT
                                16   CONVICTION.--
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                                17  A.   Except as provided in Section 29-3A-10 NMSA
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                                18   1978, one year from the date of the final disposition in the
                                19   case, a person released without conviction for a violation of a
                                20   municipal ordinance, misdemeanor, felony, penalty assessments
                                21   under the Criminal Code and the Motor Vehicle Code or
                                22   violations and deferred sentences under the Motor Vehicle Code
                                23   may petition the district court in the district in which the
                                24   charges against the person originated for an order to expunge
                                25   arrest records and public records related to that case.
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                                1  B.   A petitioner shall provide notice by first-class
                                2    United States mail of the filed petition to the following
                                3    parties, which parties shall be given thirty days in which to
                                4    provide to the district court any objections to the petition:
                                5  (1)   the district attorney for that district;
                                6    and
                                7  (2)   the department of public safety.
                                8  C.   A single petition filed pursuant to Subsection A
                                9    of this section may include a request to expunge multiple
                                10   arrest records and public records that originated within the
                                11   jurisdiction of a district.     A petition shall be filed under
                                12   seal or under pseudonym.     Petitions brought pursuant to the
                                13   Criminal Record Expungement Act and all records of proceedings
                                14   thereunder shall be expunged upon the conclusion of
                                15   proceedings.     The petitioner shall attach to and file with the
                                16   petition copies of the petitioner's record of arrest and
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                                17   prosecutions from the department of public safety dated no
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                                18   earlier than ninety days prior to the date the petition is
                                19   filed.
                                20  D.   A party that seeks to object to a petition on
                                21   the basis of the contents of a petitioner's record of arrest
                                22   and prosecutions from the federal bureau of investigation must
                                23   provide a copy of that record to a petitioner at no charge at
                                24   the time the party objects.
                                25  E.   After a hearing on the petition, the court shall
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                                1    issue an order within thirty days of the hearing requiring that
                                2    all arrest records and public records related to the case be
                                3    expunged if it finds that no other charge or proceeding is
                                4    pending against the petitioner and if the petitioner was
                                5    released without a conviction, including:
                                6  (1)   an acquittal or finding of not guilty;
                                7  (2)   a nolle prosequi, a no bill or other
                                8    dismissal;
                                9  (3)   a referral to a preprosecution diversion
                                10   program;
                                11  (4)   an order of conditional discharge pursuant
                                12   to Section 31-20-13 NMSA 1978; or
                                13  (5)   the proceedings were otherwise discharged.
                                14  F.   The court shall cause a copy of the order to be
                                15   delivered to all relevant law enforcement agencies and courts.
                                16   The order shall prohibit all relevant law enforcement agencies
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                                17   and courts from releasing copies of the records to any person,
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                                18   except upon order of the court."
                                19        SECTION 3.     Section 29-3A-7 NMSA 1978 (being Laws 2019,
                                20   Chapter 203, Section 7) is amended to read:
                                21        "29-3A-7.     EFFECT OF AN ORDER TO EXPUNGE.--Upon entry [an
                                22   of] of an order to expunge, the proceedings shall be treated as
                                23   if they never occurred, and officials and the person who
                                24   received the order to expunge may reply to an inquiry that no
                                25   record exists with respect to the person; provided that arrest
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                                1    or conviction records shall be disclosed by the person and
                                2    officials in connection with any application for or query
                                3    regarding qualification for employment or association with any
                                4    financial institution regulated by the financial industry
                                5    regulatory authority or the securities and exchange commission,
                                6    unless the records are arrest records for a domestic violence
                                7    crime."
                                8  SECTION 4.   A new section of the Criminal Record
                                9    Expungement Act, Section 29-3A-10 NMSA 1978, is enacted to
                                10   read:
                                11  "29-3A-10.   [NEW MATERIAL] EXPUNGEMENT OF RECORDS UPON
                                12   ACQUITTAL OR DISMISSAL WITH PREJUDICE--DOMESTIC VIOLENCE
                                13   CRIMES.--
                                14  A.   A person charged with a domestic violence crime
                                15   who is acquitted or whose charge is dismissed with prejudice
                                16   may request expungement of all public records and arrest
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                                17   records related to the person's charge.
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                                18  B.   The request for expungement shall be made in
                                19   writing to the court that entered the acquittal or dismissal
                                20   with prejudice any time after the acquittal or dismissal is
                                21   entered.
                                22  C.   Upon receiving a request for expungement, the
                                23   court that entered the acquittal or dismissal shall order the
                                24   expungement of all public records and arrest records related to
                                25   the underlying domestic violence crime within thirty days from
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                                1    the date of the order and shall cause a copy of the order to be
                                2    delivered to all relevant law enforcement agencies and courts.
                                3    The order shall:
                                4  (1)   prohibit the relevant law enforcement
                                5    agencies and courts from releasing copies of the expunged
                                6    records to any person, except upon order of the court; and
                                7  (2)   require the relevant law enforcement
                                8    agencies and courts to give notice to the court and the person
                                9    requesting expungement when expungement is completed.
                                10  D.   A person who requests expungement pursuant to
                                11   this section shall not be charged any fees for submitting the
                                12   request or for the expungement process."
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