A. A person may request expungement of the person's sample and DNA records from the DNA identification system on the following grounds: (1) the conviction that led to the inclusion of the sample has been reversed; or (2) the arrest that led to the inclusion of the sample has: (a) resulted in a felony charge that has been resolved by a dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or (b) not resulted in a felony charge within one year of arrest. B. The administrative center shall expunge a person's sample and DNA records from the DNA identification system when the person provides the administrative center with the following materials: (1) a written request for expungement of the sample and DNA records; and (2) a certified copy of a court order that reverses the conviction that led to the inclusion of the sample; or (3) for samples included pursuant to arrest: (a) a certified copy of the dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or (b) a sworn affidavit that no felony of the dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or (b) a sworn affidavit that no felony charges arising out of the arrest have been filed within one year. C. When a person's sample and DNA records are expunged from the DNA identification system, the head of the administrative center shall ensure that the person's sample and DNA records are expunged from CODIS. D. The administrative center shall not expunge a person's sample and DNA records from the DNA identification system if the person has a prior felony conviction or a pending felony charge for which collection of a sample is authorized pursuant to the provisions of the DNA Identification Act. History: Laws 1997, ch. 105, § 10; 2006, ch. 104, § 8. ANNOTATIONSThe 2006 amendment, effective January 1, 2007, in Paragraph (1) of Subsection A, deleted DNA records in the DNA identification system; added Paragraph (2) of Subsection A and Paragraph (3) of Subsection B to provide for expungement based on certain resolutions of an arrest; and added Subsection D to prohibit expungement in certain cases. Severability. of Subsection A and Paragraph (3) of Subsection B to provide for expungement based on certain resolutions of an arrest; and added Subsection D to prohibit expungement in certain cases. Severability. — Laws 2006, ch. 104, § 11, effective January 1, 2007, provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
New Mexico Legal Code