§ 29-3a-2

As used in the Criminal Record Expungement Act:A. '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:(1) driving while intoxicated citations maintained by the taxation and revenue department;(2) computer-aided dispatch information; or(3) log books relating to breath alcohol testing equipment;B. '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; andC. '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:(1) arrest

ceeding, 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:(1) arrest record information that:(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(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;(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;(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(4) a record received pursuant to a background check as authorized by

s confidential under state or federal law and is required to be maintained by state or federal law for audit or other purposes; or(4) a record received pursuant to a background check as authorized by law.History: Laws 2019, ch. 203, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department. Effective dates. — Laws 2019, ch. 203, § 9 made Laws 2019, ch. 203 effective January 1, 2020.