EZRCP · New Mexico · Part 1 - District Court Rules · Form 4-959 NMRA

Form 4-959 NMRA. — Notice of completion of briefing; upon release without conviction.

New Mexico · Part 1 - District Court Rules

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Rule text

[For use with District Court Rule 1-077.1 NMRA]

STATE OF NEW MEXICO COUNTY OF _________________________ _______________ JUDICIAL DISTRICT COURT

In re _________________________________, No. _____________ Petitioner.

NOTICE OF COMPLETION OF BRIEFING (for use with petitions filed under Section 29-3A-4 NMSA 1978 (Expungement of Records upon Release without Conviction))

Petitioner hereby notifies the Court, in accordance with Rule 1-077.1(H) NMRA, that briefing is complete as to Petitioner's Petition to Expungement Arrest Records and Public Records and that the Petition is ready for decision. Petitioner further states:

 Notice of the Petition has been provided via first-class United States mail to:

 The District Attorney in the ____________ Judicial District;

 The New Mexico Department of Public Safety.

 At least sixty-three (63) days have passed since Petitioner mailed the Petition to the parties entitled to notice.

The District Attorney's Response

 The district attorney has filed a Notice of Non-Objection;

 The district attorney has filed an objection; or

 The petitioner has not received a response from the district attorney.

The New Mexico Department of Public Safety's (DPS) Response

 DPS has filed a Notice of Non-Objection;

 DPS has filed an objection; or

 The petitioner has not received a response from DPS.

 Petitioner has included an Affirmation in Support of Expungement (Form 4-960.2 NMRA) with this Notice of Completion of Briefing. __________________________________ Printed name of Petitioner __________________________________ Signature of Petitioner __________________________________ Mailing Address __________________________________ Telephone Number __________________________________ Date

____________________________________ Attorney Name (if applicable) ____________________________________ Attorney Signature ____________________________________ Mailing Address ____________________________________ Telephone Number ____________________________________ Email

CERTIFICATE OF SERVICE

I hereby certify that on this __________ day of ______________, __________ this Notice of Completion of Briefing was served by United States first class mail on the following:

____________________________________________________ (The District Attorney in the ____________ Judicial District)

____________________________________________________ (Address)

____________________________________________________ (Telephone)

AND

New Mexico Department of Public Safety P.O. Box 1628, Santa Fe, New Mexico, 87504-1628 (505) ______________

____________________________________ Signature of person sending paper ____________________________________ Date of signature

[Provisionally adopted by Supreme Court Order No. 21-8300-033, effective for all cases pending or filed on or after January 28, 2022; provisionally adopted form approved as amended by Supreme Court Order No. S-1-RCR-2024-00099, effective for all cases pending or filed on or after December 31, 2025.]

Notes

ANNOTATIONS

The 2025 amendment, approved by Supreme Court Order No. S-1-RCR-2024-00099, effective December 31, 2025, under "The District Attorney's Response" portion, added "The petitioner has not received a response from the district attorney" and under "The New Mexico Department of Public Safety's (DPS) Response" portion, added "The petitioner has not received a response from DPS".