New Mexico legislation · 2026 Regular Session
New Mexico HB331: CRIMINAL RECORD EXPUNGEMENT CHANGES
Status: Failed, February 4, 2026
What the bill says
An act relating to expungement; amending the criminal record expungement act; defining "domestic violence crime"; providing a process for a person charged with a domestic violence crime to request expungement of public records and arrest records any time following the acquittal or dismissal with prejudice of the charge; providing that the expungement be completed within thirty days from the date of the order; providing that a person who requests expungement shall not be charged any fees for submitting the request or for the expungement process; making conforming amendments.
From the introduced text, February 4, 2026:
AN ACT RELATING TO EXPUNGEMENT; AMENDING THE CRIMINAL RECORD EXPUNGEMENT ACT; DEFINING "DOMESTIC VIOLENCE CRIME"; PROVIDING A PROCESS FOR A PERSON CHARGED WITH A DOMESTIC VIOLENCE CRIME TO REQUEST EXPUNGEMENT OF PUBLIC RECORDS AND ARREST RECORDS ANY TIME FOLLOWING THE ACQUITTAL OR DISMISSAL WITH PREJUDICE OF THE CHARGE; PROVIDING THAT THE EXPUNGEMENT BE COMPLETED WITHIN THIRTY DAYS FROM THE DATE OF THE ORDER; PROVIDING THAT A PERSON WHO REQUESTS EXPUNGEMENT SHALL NOT BE CHARGED ANY FEES FOR SUBMITTING THE REQUEST OR FOR THE EXPUNGEMENT PROCESS; MAKING CONFORMING AMENDMENTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 29-3A-2 NMSA 1978 (being Laws 2019, Chapter 203, Section 2) is amended to read: "29-3A-2. DEFINITIONS.--As used in the Criminal Record .232977.1 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ Expungement Act: A. "arrest records" means records of identification of a person under arrest or under investigation for a crime taken or gathered by an official; "arrest records" includes information gathered from the national crime information center or another criminal record database, photographs, fingerprints and booking sheets; except "arrest records" does not include: (1) driving while intoxicated citations maintained by the taxation and revenue department; (2) computer-aided dispatch information; or (3) log books relating to breath alcohol testing equipment; B. "domestic violence crime" includes: (1) assault against …