New Mexico 2019 Regular Session Status: Enacted 1 D cosponsors

HB 370 — CRIMINAL RECORD EXPUNGEMENT ACT

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 25, 2019. Enacted.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

243 added · 414 removed

Plain-language change summary

The proposed changes to Bill HB 370 introduce new definitions related to criminal records and clarify what "arrest records" and "expungement" mean. The intent of these additions is to provide a clearer framework for how certain criminal records can be removed from public access. This matters because it lays the groundwork for individuals looking to have their records expunged, potentially helping them to move forward in life without the stigma of a criminal record.

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HOUSE BILL 370 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Antonio Maestas and Andrea Romero and Bill B.
O'Neill Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
CODIFYING AUTHORITY TO EXPUNGE A h CRIMINAL RECORD;
CODIFYING AUTHORITY TO EXPUNGE A CRIMINAL RECORD;
REPEALING AND ENACTING SECTIONS OF THE NMSA g o 1978.
REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
t hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
h , t, SECTION 1.
SECTION 1.
[NEW MATERIAL ] SHORT TITLE.--This act may be e u g e b l e e h cited as the "Criminal Record Expungement Act".
SHORT TITLE.--This act may be cited as the "Criminal Record Expungement Act".
n d d i = = o h SECTION 2.
SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the l ] b ,d i a º e Criminal Record Expungement Act:
DEFINITIONS.--As used in the Criminal Record Expungement Act:
r i = r t e w d m a n o A.
A.
"arrest records" means records of identification d m :
"arrest records" means records of identification of a person under arrest or under investigation for a crime taken or gathered by an official;
b e d s º o t n = .211031.2 s k m e e a n e d r e l u [ A d of a person under arrest or under investigation for a crime taken or gathered by an official;
"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;
"expungement" means the removal from access to the general public of a notation of an arrest, complaint, HB 370/a indictment, information, plea of guilty, conviction, Page 1 acquittal, dismissal or discharge record, including a record posted on a publicly accessible court, corrections or law enforcement internet website;
and h C.
and C.
"public records" means documentation relating to u » r a person's arrest, indictment, proceeding, finding or plea of t h g e l i guilty, conviction, acquittal, dismissal or discharge, h r i s including information posted on a court or law enforcement h , e h website;
"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;
t u g e b l e e , gh (1) arrest record information that:
(1) arrest record information that:
n d d i = = o h (a) reveals confidential sources, l ] b ,d i a º r methods, information or individuals accused but not charged e r = t e w d m a n o with a crime and that is maintained by the state or any of its d m :
(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;
b r e t º o t n = .211031.2 s k m e - 2 - e a n e d r e l u [ A d political subdivisions pertaining to any person charged with the commission of any crime;
(3) a record maintained by the children, youth and families department, the human services department 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;
(3) a record maintained by the children, youth and families department, the human services department or the public education department when that record is confidential under state or federal law and is required to be HB 370/a Page 2 maintained by state or federal law for audit or other purposes;
h SECTION 3.
SECTION 3.
[NEW MATERIAL ] EXPUNGEMENT OF RECORDS UPON u » r IDENTITY THEFT HflºOR WRONGFUL HJCºARREST,»HJC t h g e l i HflºARREST,»Hfl INDICTMENT OR CHARGE»Hfl.-- h r i s A.
EXPUNGEMENT OF RECORDS UPON IDENTITY THEFT.-- A.
A person who is Hflºwrongfully h , e h HJCºarrested,»HJC Hflºarrested,»Hfl indicted or charged for t u g e b l e e , gh any crime or who is»Hfl wrongfully identified in arrest records n d d i = = o h or public records as a result of identity theft may petition l ] b ,d i a º r the district court for an order to expunge arrest records and e r = t e w d m a n o public records.
A person who is wrongfully identified in arrest records or public records as a result of identity theft may petition the district court for an order to expunge arrest records and public records.
d m :
B.
b r e t º o t n = .211031.2 s k m e - 3 - e a n e d r e l u [ A d B.
After a hearing on the petition and upon a showing that the person is a victim of identity theft, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records be expunged.
After a hearing on the petition and upon a showing that the person is a victim of identity theft Hflºor was wrongfully HJCºarrested,»HJC Hflºarrested,»Hfl indicted or charged»Hfl, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records be expunged.
SJCº The»SJC SJCºAfter notice to and a hearing for all interested parties and in compliance with all applicable law, the»SJC court shall insert in the records the correct name and other identifying information of the offender, if known or ascertainable, in lieu of the name of the person h wrongly identified.
After notice to and a hearing for all interested parties and in compliance with all applicable law, the court shall insert in the records the correct name and other identifying information of the offender, if known or ascertainable, in lieu of the name of the person wrongly HB 370/a Page 3 identified.
u » r SECTION 4.
SECTION 4.
[NEW MATERIAL ] EXPUNGEMENT OF RECORDS UPON t h g e l i RELEASE WITHOUT CONVICTION.-- h r i s A.
EXPUNGEMENT OF RECORDS UPON RELEASE WITHOUT CONVICTION.-- A.
One year from the date of the final disposition h , e h in the case, a person released without conviction for a t u g e b l e e , gh violation of a municipal ordinance, misdemeanor or felony may n d d i = = o h petition the district court in the district in which the l ] b ,d i a º r charges against the person originated for an order to expunge e r = t e w d m a n o arrest records and public records related to that case.
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 or felony 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.
d m :
B.
b r e t º o t n = .211031.2 s k m e - 4 - e a n e d r e l u [ A d B.
(2) a nolle prosequi, a no bill or other h dismissal;
(2) a nolle prosequi, a no bill or other HB 370/a Page 4 dismissal;
g o t hr (3) a referral to a preprosecution diversion g e i k program;
(3) a referral to a preprosecution diversion program;
h r i s (4) an order of conditional discharge pursuant h , t, to Section 31-20-13 NMSA 1978;
(4) an order of conditional discharge pursuant to Section 31-20-13 NMSA 1978;
or e u g e b l e e h (5) the proceedings were otherwise discharged.
or (5) the proceedings were otherwise discharged.
n d d i = = o h D.
D.
The court shall cause a copy of the order to be l ] b ,d i a º e delivered to all relevant law enforcement agencies and courts.
The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts.
r i = r t e w d m a n o The order shall prohibit all relevant law enforcement agencies d m :
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.
b e d s º o t n = .211031.2 s k m e - 5 - e a n e d r e l u [ A d and courts from releasing copies of the records to any person, except upon order of the court.
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[NEW MATERIAL ] EXPUNGEMENT OF RECORDS UPON CONVICTION.-- A.
EXPUNGEMENT OF RECORDS UPON CONVICTION.-- A.
(2) the department of public safety;
HB 370/a Page 5 (2) the department of public safety;
and h (3) the law enforcement agency that arrested g o t hr the petitioner.
and (3) the law enforcement agency that arrested the petitioner.
g e i k C.
C.
After a hearing on a petition, the court shall h r i s issue an order within thirty days of the hearing requiring that h , t, all arrest records and public records related to the conviction e u g e b l e e h be expunged if the court finds that:
After a hearing on a petition, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records related to the conviction be expunged if the court finds that:
n d d i = = o h (1) no other charge or proceeding is pending l ] b ,d i a º e against the petitioner;
(1) no other charge or proceeding is pending against the petitioner;
r i = r t e w d m a n o (2) justice will be served by an order to d m :
(2) justice will be served by an order to expunge;
b e d s º o t n = .211031.2 s k m e - 6 - e a n e d r e l u [ A d expunge;
(3) the petitioner has fulfilled any victim restitution ordered by the court in connection with the petitioner’s conviction;
Hflºand»Hfl Hflº(3) the petitioner has fulfilled any victim restitution ordered by the court in connection with the petitioner's conviction;
and (4) no other criminal conviction of the petitioner has occurred for a period of:
and»Hfl Hflº(3) (4)»Hfl no other criminal conviction of the petitioner has occurred for a period of:
(c) six years if the petition relates to a conviction for a third degree felony not otherwise provided h in this paragraph;
(c) six years if the petition relates HB 370/a Page 6 to a conviction for a third degree felony not otherwise provided in this paragraph;
u » r (d) eight years if the petition relates t h g e l i to a conviction for a second degree felony not otherwise h r i s provided in this paragraph;
(d) eight years if the petition relates to a conviction for a second degree felony not otherwise provided in this paragraph;
or h , e h (e) ten years if the petition relates to t u g e b l e e , gh a conviction for a first degree felony or for any offense n d d i = = o h provided in the Crimes Against Household Members Act.
or (e) ten years if the petition relates to a conviction for a first degree felony or for any offense provided in the Crimes Against Household Members Act.
l ] b ,d i a º r D.
D.
The court shall cause a copy of the order to be e r = t e w d m a n o delivered to all relevant law enforcement agencies and courts.
The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts.
d m :
The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court.
b r e t º o t n = .211031.2 s k m e - 7 - e a n e d r e l u [ A d The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court.
and (5) any reasons HJCº for retention to deny expungement»HJC of the records submitted by the district h attorney Sflº.»Sfl Sflº, the department of public safety or g o t hr the law enforcement agency that arrested the petitioner.»Sfl g e i k F.
and (5) any reasons to deny expungement of the HB 370/a Page 7 records submitted by the district attorney.
For the purposes of determining the time lapsed h r i s since a criminal conviction as required in Subsection C of this h , t, e u g section, time shall be measured from the last date on which a e b l e e h person completed a sentence for a conviction in any n d d i = = o h jurisdiction.
F.
l ] b ,d i a º e G.
For the purposes of determining the time lapsed since a criminal conviction as required in Subsection C of this section, time shall be measured from the last date on which a person completed a sentence for a conviction in any jurisdiction.
The provisions of Subsection A of this section r i = r t e w d m a n o do not apply to an offense committed against a child, an d m :
G.
b e d s º o t n = .211031.2 s k m e - 8 - e a n e d r e l u [ A d offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978 HJCº , embezzlement pursuant to Section 30-16-8 NMSA 1978»HJC or an offense involving driving while under the influence of intoxicating liquor or drugs.
The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978, embezzlement pursuant to Section 30-16-8 NMSA 1978 or an offense involving driving while under the influence of intoxicating liquor or drugs.
[NEW MATERIAL ] NOTICES--RULEMAKING.--The administrative office of the courts and the department of public safety shall develop rules and procedures to implement the Criminal Record Expungement Act, including procedures for notifying the accused of the accused's rights under that act.
NOTICES--RULEMAKING.--The administrative office of the courts and the department of public safety shall develop rules and procedures to implement the Criminal Record Expungement Act, including procedures for notifying the accused of the accused's rights under that act.
[NEW MATERIAL ] EFFECT OF AN ORDER TO EXPUNGE.--Upon entry an of 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 Hflº HJCº;
EFFECT OF AN ORDER TO EXPUNGE.--Upon entry an of 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 h disclosed by the person and officials if required pursuant to u » r federal law»HJC.»Hfl Hflº;
provided that arrest or conviction records shall be disclosed by the person and officials in connection with any application for or query HB 370/a Page 8 regarding qualification for employment or association with any financial institution regulated by the financial industry regulatory authority or the securities and exchange commission.
provided that arrest or conviction t h g e l i records shall be disclosed by the person and officials in h r i s connection with any application for or query regarding h , e h qualification for employment or association with any financial t u g e b l e e , gh institution regulated by the financial industry regulatory n d d i = = o h authority or the securities and exchange commission.»Hfl l ] b ,d i a º r e r = SECTION 8.
SECTION 8.
REPEAL.-- HJCºSection 29-3-8.1 NMSA 1978 t e w d m a n o (being Laws 2002, Chapter 46, Section 2) is repealed Sections d m :
REPEAL.--Sections 29-3-8.1 and 31-26-16 NMSA 1978 (being Laws 2002, Chapter 46, Section 2 and Laws 2009, Chapter 95, Section 5) are repealed .
b r e t º o t n = .211031.2 s k m e - 9 - e a n e d r e l u [ A d 29-3-8.1 and 31-26-16 NMSA 1978 (being Laws 2002, Chapter 46, Section 2 and Laws 2009, Chapter 95, Section 5) are repealed»HJC.
- 10 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
HB 370/a Page 9 25
b r e t º o t n = .211031.2 s k em e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. House concurred in Senate amendments

  3. passed Senate

  4. floor substitute adopted (1 amendment)

  5. DO PASS, as amended, committee report adopted

  6. DO PASS committee report adopted

  7. Sent to Senate Public Affairs Committee & Senate Judiciary Committee

  8. passed House

  9. floor substitute adopted (2 amendment)

  10. DO PASS, as amended, committee report adopted

  11. DO PASS committee report adopted

  12. Sent to House Consumer & Public Affairs Committee & House Judiciary Committee

Sponsors

  • Antonio Maestas · Primary
  • Bill B. O'Neill · Primary
  • Andrea Romero · Primary

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 370?
HB 370 is sponsored by Maestas, Antonio, O'Neill, Bill B., and Andrea Romero (Democrat).
What is the current status of HB 370?
This bill has been enacted into law. Introduced January 25, 2019. Enacted.
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