Months after Governor Michelle Lujan Grisham signed House Bill 370 into law, The Criminal Record Expungement Act has officially taken effect. The new law permits residents who have been convicted of certain violations, misdemeanors, and felonies to petition for an order of expungement after completing their sentence and paying all fines.
For a long time, New Mexico lagged behind other states who have embraced the many benefits of expunctions, but residents are now able to take the first steps to escape the grasp of the criminal justice system.
The new laws exist to boost employment and reduce repeat offenses, which often happen as a result of a convicted person being unable to find lawful employment. Those who wish to have misdemeanors expunged must wait two years and have no subsequent convictions. Those with felonies must wait six years. The court will issue a ruling within 30 days of a hearing on the petition.
Of course, certain crimes will still be ineligible for expunction, like crimes against children, sex offenses, drunk driving, embezzlement, and offenses that cause great harm or death to another person. These stipulations should help to ease suspicions that expunctions put the general public at risk—courts generally only allow expunctions for nonviolent crimes. Moreover, all records will still appear in background checks for firearm purchases or for certain federal jobs.
Remember, the aim of expunctions is not to release dangerous criminals back into the public with no warning, but to help individuals become more productive members of society. Everybody makes mistakes, and now New Mexico is giving many the chance to overcome their past wrongdoings and try for a better life.
