N.M. R. Child. Ct. 10-718
[For use with Rule 10-262 NMR] STTE OF NEW MEXICO
COUNTY OF _______________
_______________ JUDICIL DISTRICT
IN THE CHILDREN'S COURT
In the Matter of _____________ , a Child. No. __________
SELING ORDER
This matter came before the court and the court FINDS as follows (check one):
[ ] (1) two years have elapsed since the final release of the person from legal custody and supervision or two years have elapsed since the entry of any other judgment not involving legal custody or supervision;
[ ] (2) within the two years immediately prior to filing the motion, the person has not been convicted of a felony or of a misdemeanor involving moral turpitude or been found delinquent by a court and there is no pending proceeding seeking such a conviction or finding; and
[ ] (3) the person is eighteen years of age or older or the court finds that good cause exists to seal the records prior to the child's eighteenth birthday.
OR
[ ] The children's court attorney has notified this court that the petition in this case, which is concluded, did not result in an adjudication of delinquency.
OR
[ ] The Children, Youth and Families Department (CYFD or department) has notified this court that _________________ (insert name of child) has been released from the court-ordered supervision or custody of the department or has otherwise completed the terms of his or her disposition or other non-custodial requirements, or that the child has reached his or her eighteenth (18th) birthday, whichever occurs later; that the department has sealed the records and files of the child in the department's possession; and that the child's records and files must be sealed.
IT IS THEREFORE ORDERED THT the files and records in this case shall be sealed and that the clerk of this court shall deliver or mail copies of this sealing order to the Legal dministrator, Public Records Custodian, CYFD Office of General Counsel.
IT IS FURTHER ORDERED THT the department shall notify all entities requiring notice.1
IT IS FURTHER ORDERED THT, upon entry of this sealing order, the proceedings in the case shall be treated as if they never occurred; the findings, orders, and judgments shall be vacated, and all index references shall be deleted.
IT IS FURTHER ORDERED THT all persons and agencies to whom this sealing order is delivered shall immediately seal their delinquency case records, and reply to any inquiry that no record exists with respect to the delinquency case that is the subject of this sealing order.
_________________
District Judge
CERTIFICTE OF SERVICE
I certify that I delivered or mailed a copy of this order to the department.
_______________ Clerk
_______________ Date
USE NOTES
[Approved by Supreme Court Order No. 06-8300-030, effective January 1, 2007; as amended by Supreme Court Order No. 12-8300-024, effective for all cases filed or pending on or after January 7, 2013; 10-420 recompiled and amended as 10-718 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]
NNOTTIONS
The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, changed the caption of the case.
The 2012 amendment, approved by Supreme Court Order No. 12-8300-024, effective January 7, 2013, provided findings regarding persons who are eighteen years of age or older and who have been released from custody and supervision; specified the persons and entities to whom the clerk is required to give a copy of the sealing order and the documents that are to be deleted; at the top of the form, added directions for use of the form; added the first sentence of the findings; added the first paragraph of the three findings; in the third paragraph of findings, after "released from court -ordered supervision", added "or custody", after "custody of the department, deleted "that two (2) years have elapsed since the release; and that the department had not received any new allegations of delinquency regarding ______ (insert name of child) during that time period" and added the remainder to the sentence; deleted the former sentence "The Court has further been provided with the following names and addresses of the persons or agencies to whom the sealing order shall be delivered or mailed." and deleted the former list of persons and entities to whom the sealing order was required to be given, that consisted of the Children's Court ttorney, CYFD, law enforcement officers, departments and central depositories having custody of law enforcement files and records, other agencies having custody or records or files subject to the order, counsel of record , and persons subject to the order; in the first order, after "sealing order to the", deleted "persons and agencies listed herein" and added "Legal dministrator, Public Records Custodian, CYFD Office of General Counsel"; added the second order; in the third order, after "as if they never occurred", added "the findings, orders, and judgments shall be vacated"; in the fourth order, after "whom this sealing order is", deleted "directed" and added "delivered", after "sealing order is delivered shall", added "immediately seal their delinquency case records, and", and after "record exists with respect to the", deleted "person who", and added "delinquency case that"; changed the signature line from "Children's Court Judge" to "District Judge"; in the Certificate of Service, after "copy of this order to the" deleted "above-named persons and agencies at the above-listed addresses" and added "department"; and added the Use Note.
Recompilations.- Pursuant to Supreme Court Order No. 16-8300-017, former 10-420 NMR was recompiled and amended as 10-718 NMR, effective for all cases pending or filed on or after December 31, 2016.
N.M. R. Child. Ct. 10-718