New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 2 - DEPARTMENT OF PUBLIC SAFETY
Part 2 - EXPUNGEMENT OF ARREST RECORDS AND RELATED PUBLIC RECORDS
Section 10.2.2.7 - DEFINITIONS

Universal Citation: 10 NM Admin Code 10.2.2.7

Current through Register Vol. 35, No. 18, September 24, 2024

For purposes of this rule, the following terms have the following meaning:

A. Arrest records are records of identification of a person under arrest or under investigation for a crime taken or gathered by an official, including information gathered from the national crime information center or another criminal record database, photographs, fingerprints and booking sheets. Arrest records do not include:

1) citations for driving while intoxicated maintained by the New Mexico Department of Taxation and Revenue;

2) computer-aided dispatch information; or

3) log books relating to breath alcohol testing equipment.

B. Department is the Department of Public Safety.

C. DPS RAP sheet is the record of a Petitioner's arrests and prosecutions throughout the State of New Mexico, which is maintained by the Department.

D. Expungement is 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.

E. FBI RAP sheet is the record of a person's fingerprint-based arrests maintained by the United States Department of Justice Federal Bureau of Investigation. The FBI RAP sheet includes the name of the agency that submitted the fingerprints to the FBI, the date of the arrest, the arrest charge, and the disposition of the arrest, if known. The FBI Rap sheet is also known as a person's Identity History Summary.

F. Petition to Expunge Arrest Records and Public Records or Petition officially begins the expungement of records process in state district court.

G. Petitioner is the person seeking to have his or her personal records expunged in the Petition to Expunge Arrest Records and Public Records.

H. Public records are documents 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, except those records excluded from the definition of public records in Section 29-3A-2C NMSA 1978.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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