Section 29-3A-2 - DefinitionsAs 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 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 law.