Overview Description

A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21. (Cannot link directly to statutes)

Ineligible Category or Citation

There are no ineligible offenses.

Procedure General

The motion must be made in the court that adjudicated the person. For the specific procedure, see N.M. Stat. Ann. § 32A-3B-21.

Fees

There is no statutory language on fees.

Effect

Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. N.M. Stat. Ann. § 32A-3B-21(C).

Waiting Periods

The order can be entered two years after judgment or release from custody and supervision. N.M. Stat. Ann. § 32A-3B-21(A).

(non-prod server)