Overview Description

Records relating to offenses committed by a victim of human trafficking due to duress, coercion, use of force, threat, or fraud can be sealed by the court. N.M. Stat. Ann. § 30-52-1.2.
(Cannot link directly to statutes.)

Ineligible Category or Citation

A person convicted of homicide is ineligible. N.M. Stat. Ann. § 30-52-1.2(A)(2).

Procedure General

The petition must be filed in the district court. The court must find that the petitioner's involvement was a result of duress, coercion, use of force, threat, or fraud committed against the petitioner. For the specific procedure, see N.M. Stat. Ann. § 30-52-1.2.

Fees

There is no statutory language regarding fees.

Effect

The case is treated as if it never occurred, and all index references are deleted. The court, law enforcement agencies, and the person respond to inquiries that no record exists. N.M. Stat. Ann. § 30-52-1.2.

Waiting Periods

There is no statutory language regarding a waiting period.

 

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