On March 16th, 2013, New Mexico Senate Bill 294 was passed by the House. If signed into law by the Governor, the Bill will allow for the expungement of wrongful arrests and for arrests that did not lead to a conviction. The Bill would also allow for expungement of certain offenses post-conviction.

There are certain limitations to the Bill. One year must have passed after the dismissal or release without a conviction in the case of a wrongful arrest or an arrest that did not lead to a conviction. 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 ten years, then the case is eligible for expungement. The Bill does not allow convictions for sex offenses, crimes against minors, and driving while under the influence to be expunged.

This Bill has come a long way, largely due to the sponsorship of Senate Majority Leader Michael Sanchez; however, the Bill was under consideration for veto by Governor Susana Martinez in January as it related to a similar Bill that was vetoed last year.

Written by Record Clearing

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