Overview Description

Records of arrest and conviction containing the name of an identity theft victim as the perpetrator of a crime can be expunged. N.M. Stat. Ann. § 31-26-16.
(Cannot link directly to statutes.)

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the criminal case if pending. If the case is completed, then the petition must be filed in a court of competent jurisdiction. N.M. Stat. Ann. § 31-26-16.

Fees

There is no statutory language regarding fees.

Effect

The person's name is removed from court records. The court can also order the expungement of arrest records. N.M. Stat. Ann. § 31-26-16.

Waiting Periods

There is no statutory language regarding a waiting period.

 

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