Possible Changes to New Mexico Expungement Law Senate Bill 294
The efforts of Senate Majority Leader Michael Sanchez in New Mexico have proven to be a success in the House, as Senate Bill 294 passed 40 to 26. The Bill is now in the hands of Governor Susana Martinez for final approval to become law for New Mexico.
Governor Martinez is thoroughly evaluating the Bill, which is similar to a Bill she vetoed last year. Governor Martinez has reportedly stated one reason she is considering the veto of this Bill is in relation to the fact that people who committed crimes and have met all terms of their sentence will be made eligible for expungement.
Under the Bill, the law would allow for the expungement of wrongful arrests to be heard in front of a district judge. Certain requirements and limitations occur under the Bill. For instance, one year must have passed after the dismissal or release without a conviction.
Additionally, if a person was convicted of a misdemeanor and no other convictions have occurred for the past five years or if a person has an offense involving domestic violence or abuse and has had no other conviction for the past 10 years, the case is eligible for expungement.
Convictions involving sex offense, crimes against minors, and driving while under the influence are ineligible.
Governor Susana Martinez will decide the final motion on the Bill later this year.
Written by dkim
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