Following the legalized use and sale of recreational cannabis last year, New Mexico District Attorneys are reviewing cannabis-related cases for expungement. In addition to the legalization bill, there is an accompanying bill to automatically expunge criminal records with cannabis charges that are no longer illegal.
District attorney offices are reviewing thousands of cases across the state for eligibility for automatic expungement, with a large number reviewed in Bernalillo County. Although most cases are eligible, some are in the process of being challenged. Attorneys have objected to instances where individuals were in possession of large quantities, transported more than a hundred pounds, or distributed to a minor, accounting for 0.45% of the cases.
The Department of Public Safety initially counted 151,640 cases eligible for re-evaluation, but the courts will have the final say on whether a record gets erased. The 2nd District Attorney’s office alone has reported over 11,527 cases have been reviewed, with 53 challenged. Although expungements could provide relief to those affected by a criminal record, there has been some concern about how the process will occur in court. In addition, Attorney’s offices could have difficulty notifying individuals of their eligibility. The last known attorney of the prosecuted is to be notified, but some of them are now prosecutors, deceased, retired, or moved out of state. Despite the lack of a clear process or method for notifying clients, District Attorney offices are determined to figure out a way to help thousands get the expungement they deserve.
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