{"data":{"id":"us-nm/29-3a-2","jurisdiction":"us-nm","citation":"29-3A-2","heading":"Definitions.","body":"As used in the Criminal Record Expungement Act:\nA. \"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:\n(1) driving while intoxicated citations maintained by the taxation and revenue department;\n(2) computer-aided dispatch information; or\n(3) log books relating to breath alcohol testing equipment;\nB. \"expungement\" means the removal from access to the general public of a notation of an arrest, complaint, indictment, information, plea of guilty, conviction, acquittal, dismissal or discharge record, including a record posted on a publicly accessible court, corrections or law enforcement internet website; and\nC. \"public records\" means documentation relating to a person's arrest, indictment, proceeding, finding or plea of guilty, conviction, acquittal, dismissal or discharge, including information posted on a court or law enforcement website; but \"public records\" does not include:\n(1) arrest record information that:\n(a) reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime; or\n(b) is confidential and unlawful to disseminate or reveal, except as provided in the Arrest Record Information Act [Chapter 29, Article 10 NMSA 1978] or other law;\n(2) the file of a district attorney or attorney general maintained as a confidential record for law enforcement purposes and not open for inspection by members of the public;\n(3) a record maintained by the children, youth and families department, the human services department [health care authority department] or the public education department when that record is confidential under state or federal law and is required to be maintained by state or federal law for audit or other purposes; or\n(4) a record received pursuant to a background check as authorized by law.","path":["Chapter 29 - Law Enforcement","ARTICLE 3A Criminal Record Expungement"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18529/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"2a76a0b02feab40a0af04dc6ff49f847cb3048ee91cba5dc74a52a0c8f7e9b6f","source_id":"us-nm","stale":false,"prev":"us-nm/29-3a-1","next":"us-nm/29-3a-3"},"notice":"GroundRules: Original legal text. Not legal advice."}