CRIMINAL RECORD EXPUNGEMENT CHANGES

HB0331

HOUSE BILL 331

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Yanira Gurrola and
Janelle Anyanonu
and
Eleanor Chávez

AN ACT

RELATING TO EXPUNGEMENT; AMENDING THE CRIMINAL RECORD
EXPUNGEMENT ACT; DEFINING "DOMESTIC VIOLENCE CRIME"; PROVIDING
A PROCESS FOR A PERSON CHARGED WITH A DOMESTIC VIOLENCE CRIME
TO REQUEST EXPUNGEMENT OF PUBLIC RECORDS AND ARREST RECORDS ANY
TIME FOLLOWING THE ACQUITTAL OR DISMISSAL WITH PREJUDICE OF THE
CHARGE; PROVIDING THAT THE EXPUNGEMENT BE COMPLETED WITHIN
THIRTY DAYS FROM THE DATE OF THE ORDER; PROVIDING THAT A PERSON
WHO REQUESTS EXPUNGEMENT SHALL NOT BE CHARGED ANY FEES FOR
SUBMITTING THE REQUEST OR FOR THE EXPUNGEMENT PROCESS; MAKING
CONFORMING AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 29-3A-2 NMSA 1978 (being Laws 2019,
Chapter 203, Section 2) is amended to read:

"29-3A-2. DEFINITIONS.--As used in the Criminal Record
Expungement Act:

A. "arrest records" means records of identification
of a person under arrest or under investigation for a crime
taken or gathered by an official; "arrest records" includes
information gathered from the national crime information center
or another criminal record database, photographs, fingerprints
and booking sheets; except "arrest records" does not include:

(1) driving while intoxicated citations
maintained by the taxation and revenue department;

(2) computer-aided dispatch information; or

(3) log books relating to breath alcohol
testing equipment;

B. "domestic violence crime" includes:

(1) assault against a household member, as
provided in Section 30-3-12 NMSA 1978;

(2) aggravated assault against a household
member, as provided in Section 30-3-13 NMSA 1978;

(3) assault against a household member with
intent to commit a violent felony, as provided in Section
30-3-14 NMSA 1978;

(4) battery against a household member, as
provided in Section 30-3-15 NMSA 1978;

(5) aggravated battery against a household
member, as provided in Section 30-3-16 NMSA 1978;

(6) criminal damage to the property of a
household member or deprivation of the property of a household
member, as provided in Section 30-3-18 NMSA 1978; and

(7) violating an order of protection granted
by a court under the Family Violence Protection Act, as
provided in Section 40-13-6 NMSA 1978;

[
B.
]
C.
"expungement" means the removal from access
to the general public of a notation of an arrest, complaint,
indictment, information, plea of guilty, conviction, acquittal,
dismissal or discharge record, including a record posted on a
publicly accessible court, corrections or law enforcement
internet website; and

[
C.
]
D.
"public records" means documentation
relating to a person's arrest, indictment, proceeding, finding
or plea of guilty, conviction, acquittal, dismissal or
discharge, including information posted on a court or law
enforcement website; but "public records" does not include:

(1) arrest record information that:

(a) reveals confidential sources,
methods, information or individuals accused but not charged
with a crime and that is maintained by the state or any of its
political subdivisions pertaining to any person charged with
the commission of any crime; or

(b) is confidential and unlawful to
disseminate or reveal, except as provided in the Arrest Record
Information Act or other law;

(2) the file of a district attorney or
attorney general maintained as a confidential record for law
enforcement purposes and not open for inspection by members of
the public;

(3) a record maintained by the children, youth
and families department, the [
human services department
]
health
care authority
or the public education department when that
record is confidential under state or federal law and is
required to be maintained by state or federal law for audit or
other purposes; or

(4) a record received pursuant to a background
check as authorized by law."

SECTION 2.
Section 29-3A-4 NMSA 1978 (being Laws 2019,
Chapter 203, Section 4, as amended) is amended to read:

"29-3A-4. EXPUNGEMENT OF RECORDS UPON RELEASE WITHOUT
CONVICTION.--

A.
Except as provided in Section 29-3A-10 NMSA
1978
, one year from the date of the final disposition in the
case, a person released without conviction for a violation of a
municipal ordinance, misdemeanor, felony, penalty assessments
under the Criminal Code and the Motor Vehicle Code or
violations and deferred sentences under the Motor Vehicle Code
may petition the district court in the district in which the
charges against the person originated for an order to expunge
arrest records and public records related to that case.

B. A petitioner shall provide notice by first-class
United States mail of the filed petition to the following
parties, which parties shall be given thirty days in which to
provide to the district court any objections to the petition:

(1) the district attorney for that district;
and

(2) the department of public safety.

C. A single petition filed pursuant to Subsection A
of this section may include a request to expunge multiple
arrest records and public records that originated within the
jurisdiction of a district. A petition shall be filed under
seal or under pseudonym. Petitions brought pursuant to the
Criminal Record Expungement Act and all records of proceedings
thereunder shall be expunged upon the conclusion of
proceedings. The petitioner shall attach to and file with the
petition copies of the petitioner's record of arrest and
prosecutions from the department of public safety dated no
earlier than ninety days prior to the date the petition is
filed.

D. A party that seeks to object to a petition on
the basis of the contents of a petitioner's record of arrest
and prosecutions from the federal bureau of investigation must
provide a copy of that record to a petitioner at no charge at
the time the party objects.

E. After a hearing on the petition, the court shall
issue an order within thirty days of the hearing requiring that
all arrest records and public records related to the case be
expunged if it finds that no other charge or proceeding is
pending against the petitioner and if the petitioner was
released without a conviction, including:

(1) an acquittal or finding of not guilty;

(2) a nolle prosequi, a no bill or other
dismissal;

(3) a referral to a preprosecution diversion
program;

(4) an order of conditional discharge pursuant
to Section 31-20-13 NMSA 1978; or

(5) the proceedings were otherwise discharged.

F. The court shall cause a copy of the order to be
delivered to all relevant law enforcement agencies and courts.
The order shall prohibit all relevant law enforcement agencies
and courts from releasing copies of the records to any person,
except upon order of the court."

SECTION 3.
Section 29-3A-7 NMSA 1978 (being Laws 2019,
Chapter 203, Section 7) is amended to read:

"29-3A-7. EFFECT OF AN ORDER TO EXPUNGE.--Upon entry [
an
of
]
of an
order to expunge, the proceedings shall be treated as
if they never occurred, and officials and the person who
received the order to expunge may reply to an inquiry that no
record exists with respect to the person; provided that arrest
or conviction records shall be disclosed by the person and
officials in connection with any application for or query
regarding qualification for employment or association with any
financial institution regulated by the financial industry
regulatory authority or the securities and exchange commission,

unless the records are arrest records for a domestic violence
crime
."

SECTION 4.
A new section of the Criminal Record
Expungement Act, Section 29-3A-10 NMSA 1978, is enacted to
read:

"29-3A-10. [
NEW MATERIAL
] EXPUNGEMENT OF RECORDS UPON
ACQUITTAL OR DISMISSAL WITH PREJUDICE--DOMESTIC VIOLENCE
CRIMES.--

A. A person charged with a domestic violence crime
who is acquitted or whose charge is dismissed with prejudice
may request expungement of all public records and arrest
records related to the person's charge.

B. The request for expungement shall be made in
writing to the court that entered the acquittal or dismissal
with prejudice any time after the acquittal or dismissal is
entered.

C. Upon receiving a request for expungement, the
court that entered the acquittal or dismissal shall order the
expungement of all public records and arrest records related to
the underlying domestic violence crime within thirty days from
the date of the order and shall cause a copy of the order to be
delivered to all relevant law enforcement agencies and courts.
The order shall:

(1) prohibit the relevant law enforcement
agencies and courts from releasing copies of the expunged
records to any person, except upon order of the court; and

(2) require the relevant law enforcement
agencies and courts to give notice to the court and the person
requesting expungement when expungement is completed.

D. A person who requests expungement pursuant to
this section shall not be charged any fees for submitting the
request or for the expungement process."

- 8 -