NM
New Mexico House Bill HB314

New Mexico 2023 Regular Session

New Mexico House Bill HB314 Compare Versions

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1-HB 314/a
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28+HOUSE BILL 314
29+56
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
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37+NEW
38+
39+MEXICO
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41+-
42+ FIRST SESSION
43+,
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45+2023
46+INTRODUCED BY
47+Andrea Romero and Javier Martínez
2848 AN ACT
2949 RELATING TO CRIMINAL RECORD EXPUNGEMENT; APPLYING AUTOMATIC
3050 EXPUNGEMENT TO RECORDS INVOLVING ONLY CANNABIS.
3151 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3252 SECTION 1. Section 29-3A-8 NMSA 1978 (being Laws 2021
3353 (1st S.S.), Chapter 3, Section 5) is amended to read:
34-"29-3A-8. EXPUNGEMENT OF ARREST AND CONVICTION
35-RECORDS--PROCEDURE.--
54+"29-3A-8. EXPUNGEMENT OF ARREST AND CONVICTION RECORDS--
55+PROCEDURE.--
3656 A. If a person was charged with an offense
37-involving cannabis that is no longer a crime on June 29, 2021
38-or that would have resulted in a lesser offense if the
39-Cannabis Regulation Act had been in effect at the time of the
40-offense, whether or not the person is convicted, all public
41-records held by a court or an agency of the state or a local
42-jurisdiction that relate to the person's arrest or conviction
43-shall be automatically expunged two years after the date of
44-the person's conviction or the date of the person's arrest if
45-there was no conviction. If the person is or was under
46-eighteen years of age at the time of the arrest or
47-conviction, the public records under this section shall be
48-retained for two years or until the person is eighteen years
49-of age, whichever comes first, and shall then be
50-automatically expunged. Automatic expungement under this
51-section applies to public records involving only cannabis and HB 314/a
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57+involving cannabis that is no longer a crime on [the effective
58+date of the Cannabis Regulation Act ] June 29, 2021 or that
59+would have resulted in a lesser offense if [that ] the Cannabis
60+Regulation Act had been in effect at the time of the offense,
61+whether or not the person is convicted, all public records held
62+by a court or an agency of the state or a local jurisdiction
63+.223474.4SA underscored material = new
64+[bracketed material] = delete
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78-cannabis paraphernalia charges and requires destruction of
79-the records.
90+that relate to the person's arrest or conviction shall be
91+automatically expunged two years after the date of the person's
92+conviction or the date of the person's arrest if there was no
93+conviction [provided that if the arrest or conviction included
94+multiple charges, only the portions of the public records
95+related to the cannabis charge shall be expunged ]. If the
96+person is or was under eighteen years of age at the time of the
97+arrest or conviction, the public records under this section
98+shall be retained for two years or until the person is eighteen
99+years of age, whichever comes first, and shall then be
100+automatically expunged [provided that if the arrest or
101+conviction included multiple charges, only the portions of the
102+public records related to the cannabis charge shall be
103+expunged. The public records shall be removed from all
104+statewide criminal databases. The supreme court shall
105+promulgate rules to implement the provisions of this section ].
106+Automatic expungement applies to court or agency records
107+involving only cannabis and cannabis paraphernalia charges and
108+requires destruction of the records.
80109 B. The administrative office of the courts shall
81110 implement a procedure allowing persons charged with offenses
82-eligible for automatic expungement under this section to
83-verify whether automatic expungement has occurred and request
111+eligible for automatic expungement under this section to verify
112+whether automatic expungement has occurred and request
84113 expedited automatic expungement if eligible charges have not
85-yet been expunged.
86-C. If an arrest or conviction involved cannabis
87-and non-cannabis charges, a person may request expungement of
88-eligible cannabis charges as defined in Subsection A of this
89-section by the administrative office of the courts through
90-the procedure implemented in Subsection B of this section.
91-D. Requests for expungement to the administrative
92-office of the courts from persons charged with offenses
93-eligible for automatic expungement shall remain confidential
94-and are not subject to disclosure."
114+yet been expunged. Requests from persons charged with offenses
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143+eligible for automatic expungement made under this subsection
144+shall remain confidential and are not subject to disclosure. "
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