N.M. Sup. Ct. Order No. 22-8500-027

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 1

June 10, 2022 2

NO. 22-8500-027 3

IN THE MATTER OF THE AUTOMATIC 4

EXPUNGEMENT OF CERTAIN 5

CANNABIS-RELATED COURT RECORDS 6

UNDER THE CRIMINAL RECORD 7

EXPUNGEMENT ACT 8

ORDER 9

WHEREAS, the Criminal Record Expungement Act, NMSA 1978, §§ 29-3A-10

1 to -9 (2019, as amended through 2021), requires that public records related to an 11

arrest for or conviction of certain cannabis-related offenses be automatically 12

expunged two years after the date of the person’s conviction or the date of the 13

person’s arrest if there was no conviction; 14

WHEREAS, under Section 29- 3A-9(E), the prosecutor of cannabis-related 15

records shall have until July 1, 2022, to review all records that may be eligible for 16

automatic expungement and determine whether to challenge the dismissal and 17

expungement or redesignation as a penalty assessment citation; 18

WHEREAS, a challenge to the dismissal and automatic expungement of 19

eligible cannabis-related public records should be filed individually as a new civil 20

case on a Supreme Court-approved form; 21

WHEREAS, under Section 29-3A-8, the Administrative Office of the Courts 1

(AOC) must identify and expunge court records related to an arrest or conviction for 2

an offense involving cannabis that is no longer a crime under the Cannabis 3

Regulation Act, NMSA 1978, §§ 26-2C-1 to -42 (2021), or that would have resulted 4

in a lesser offense if the Cannabis Regulation Act had been in effect at the time of 5

the offense; and 6

WHEREAS, the Court having considered the foregoing and being sufficiently 7

advised, Chief Justice C. Shannon Bacon, Justice Michael E. Vigil, Justice David K. 8

Thomson, Justice Julie J. Vargas, and Justice Briana H. Zamora concurring; 9

NOW, THEREFORE, IT IS ORDERED that the following process shall be 10

implemented to achieve the automatic expungement of eligible cannabis-related 11

court records: 12

1. The district attorney and any other prosecuting attorney who has 13

entered an appearance on any case eligible for automatic expungement 14

under the Criminal Record Expungement Act shall use new Form 4-15

957.1 NMRA to file individual objection(s) to the automatic 16

expungement of any eligible cannabis-related public records; 17

2. Objections shall be filed electronically in the juri sdiction of origin, 18

which shall then open a new criminal record expungement case; 19

3. The AOC shall identify court records related to an arrest or conviction 1

of certain cannabis-related offenses. In cases involving only charges or 2

convictions eligible for aut omatic expungement, the AOC shall 3

expunge all related records in accordance with the expungement 4

requirements in the Criminal Record Expungement Act. In court cases 5

involving multiple charges, the AOC shall expunge only the charges 6

eligible under the Crim inal Record Expungement Act, in accordance 7

with Section 29- 3A-8, and shall redact only the portions of the court 8

documents related to the cannabis charge; 9

IT IS FURTHER ORDERED that new Form 4-957.1 NMRA is ADOPTED; 10

and 11

IT IS FURTHER ORDERED that above-referenced new form shall be 12

effective immediately, June 10, 2022. 13

IT IS SO ORDERED. 14

WITNESS, the Honorable C. Shannon Bacon, Chief 15

Justice of the Supreme Court of the State of New Mexico, 16

and the seal of said Court this 10th day of June, 2022. 17