2019 New Mexico Statutes
Chapter 29 - Law Enforcement
Article 3A - Criminal Record Expungement
Section 29-3A-3 - Expungement of records upon identity theft. (Effective January 1, 2020.)
A. 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.
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.
C. 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 such records to any person, except upon order of the court.
D. 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 identified.
History: Laws 2019, ch. 203, § 3.
ANNOTATIONSEffective dates. — Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
