Overview Description

Records relating to a matter where the court determined the child not delinquent will be sealed by the court upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J).
(Cannot link directly to statutes.)

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. The court will seal the records upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J).

Fees

There is no statutory language regarding fees.

Effect

Upon the entry of the sealing order, the proceedings in the case will be treated as if they never occurred and all index references will be deleted. The court, law enforcement officers, departments, and agencies will reply, and the person can reply, to an inquiry that no record exists with respect to the person. N.M. Stat. Ann. § 32A-2-26(C).

Waiting Periods

Expungement is available immediately. The motion must be made by the children's court attorney (prosecutor) at the conclusion of the proceedings.

 

(non-prod server)