Why Are Some Low-Level Cannabis Offense Not Benefitting From NM's Automatic Expungement? It's Complicated

New Mexico Governor Michelle Lujan Grisham signed a bill into law in 2021 that automatically cleared the public records of certain low-level cannabis offenders. This does not include convictions for trafficking or possession of large amounts of marijuana – more than 2 ounces, which remains illegal under the state's cannabis legalization law.

To date, New Mexico has expunged roughly 14,000 cases, said Celina Jones, the general counsel at the Administrative Office of the Courts, according to KRQE.

And for some reason, not everyone with small possession convictions are getting their records cleared.

Why? Jones said the main issue is that these cases are difficult to get reviewed because they're old and not in the court's automated databases or they are mixed in with other offenses, such as a traffic ticket.

To remedy the situation, Gov. Grisham signed legislation from Reps. Andrea Romero (D) and Javier Martínez (D) allowing those with offenses that are eligible for automatic expungement to "verify whether automatic expungement has occurred, and [to] request expedited automatic expungement if eligible charges have not yet been expunged," reported NORML.

"The amended law clarifies that automatic expungement only applies to those 'simple' cases," Jones said. "So, the independent responsibility of a state entity still lies with expunging those cases. However, [for] the 'mixed charged' case[s], an individual can still request review."

Why Does Expungement Matter?

Removing the barriers these records place on a person's life is crucial.

"To have your record expunged means that you could go into a job interview and when asked, 'Do you have a record?' you can say with confidence, 'I have no record,'" said Ellie Besancon, executive director of Red Barn Growers/Green Goods. "I think that's important not only for expanding job opportunities but also from a psychological perspective."

But, in terms of more complex cases where cannabis charges are combined with other offenses, Romero says it's better not to be hasty.

"For those that are really complicated, where maybe it was a cannabis charge among many others, and perhaps more extreme charges – that wouldn't be a priority for the court," Romero said. "That charge really isn't going to impact [the person] overall when you look at the rap sheet."

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