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. "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. "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 [Chapter 29, Article 10 NMSA 1978] 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 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; or (4) a record received pursuant to a background check as authorized by law. History: Laws 2019, ch. 203, § 2. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department. Effective dates. — Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.
‹ Prev All New Mexico sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.