New Mexico Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. If you were found not delinquent, the prosecutor should ask the judge to seal the record. The judge is required to grant this request.

In Alabama, juvenile records are kept for a period of five years after the juvenile's eighteenth birthday. This means that any charges or convictions from before the juvenile's eighteenth birthday, or until five years after, will remain on their record.

3rd-degree felony convictions: Six years from the end of the sentence. 2nd-degree felony convictions: Eight years from the end of the sentence. Any crime of domestic violence, including misdemeanors, and 1st-degree felony convictions: Ten years from the end of the sentence.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

N.M. Stat. § 32A-2-32. None. Juvenile records are automatically sealed when a child turns 18, or at the expiration of legal custody and supervision, whichever occurs later.

The Criminal Record Expungement Act in New Mexico The new law (known as Criminal Record Expungement Act or CREA for short) allows the following: Expungement of cases that were dismissed (all but a small category) after a one-year waiting period, providing no new charges are pending against the individual.

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New Mexico Motion To Seal Juvenile Records