Uniform Collateral Consequences of Conviction Act
New Mexico · Criminal Procedure · §§ 31-29-1 to 31-29-9 · 16 sections
Overview
The Uniform Collateral Consequences of Conviction Act deals with the legal disabilities — disqualifications, penalties, and other sanctions — that attach to a person because of a criminal conviction, separate from the sentence itself. It calls for those consequences to be identified, collected, and published, and requires that a defendant be informed of them, and of eligibility for expungement, both in pretrial proceedings and upon release. It also separates mandatory sanctions from discretionary disqualifications, sets standards for when a conviction may be used to disqualify someone, and establishes two forms of relief — an order of limited relief and a certificate of restoration of rights — that may be issued, modified, or revoked, with reliance on either treated as evidence of due care, subject to categories of consequences excluded from relief and to the preservation of victims' rights.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- § 31-29-1 NMSA 1978Short title
- § 31-29-10 NMSA 1978Order of limited relief
- § 31-29-11 NMSA 1978Collateral sanctions not subject to order of limited relief
- § 31-29-12 NMSA 1978Issuance of order of limited relief
- § 31-29-13 NMSA 1978Reliance on order as evidence of due care
- § 31-29-14 NMSA 1978Victim's rights
- § 31-29-15 NMSA 1978Uniformity of application and construction
- § 31-29-16 NMSA 1978Saving and transitional provisions
- § 31-29-2 NMSA 1978Definitions
- § 31-29-3 NMSA 1978Limitation on scope
- § 31-29-4 NMSA 1978Identification, collection and publication of laws regarding collateral consequences
- § 31-29-5 NMSA 1978Notice of collateral consequences in pretrial proceeding and at guilty plea
- § 31-29-6 NMSA 1978Notice of collateral consequences at sentencing and upon release
- § 31-29-7 NMSA 1978Authorization required for sanction; ambiguity
- § 31-29-8 NMSA 1978Decision to disqualify
- § 31-29-9 NMSA 1978Effect of conviction by another state or the United States; relieved or pardoned conviction
Enacted in other states
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