New Mexico Petty Misdemeanors

Crimes in New Mexico are primarily classified as felonies, misdemeanors, and petty misdemeanors (NMSA § 30-1-6). Felonies are the most serious offenses, while petty misdemeanors are the least serious. Despite being at the bottom of this hierarchy, a conviction for a petty misdemeanor can still result in jail time, fines, and significant long-term collateral consequences.

Unlike states with more elaborate classification systems involving multiple misdemeanor classes, New Mexico employs a simpler three-tier structure. This classification helps the public understand the relative seriousness of an offense and its potential penalties, as is often reflected in New Mexico Criminal Court Records.

Common Examples of Petty Misdemeanors in New Mexico

Petty misdemeanors are lower-level offenses in New Mexico, often carrying the least possible penalties for a crime in the state. Common examples include:

• Disorderly conduct
• Public nuisance
• Falsely obtaining unemployment benefits
• Removing, tampering with, or destroying a "no trespass" sign valued at less than $1,000
• Simple assault without aggravating circumstances
• Shoplifting worth $250 or less
• Concealing one's identity when lawfully asked

Some petty misdemeanors can be elevated to higher charges if aggravating factors exist, such as the use of a weapon, causing injury, or the offender's prior convictions.

Statute of Limitations for Petty Misdemeanors in New Mexico

The statute of limitations for petty misdemeanors in New Mexico is generally 1 year from the time the offense was committed. It is important to note that the time starts counting from the date the offense was committed, not from the date it was reported or discovered. If an offense comes to light after the statute of limitations has expired, prosecution is typically barred. With no special rules to extend this limitation period for petty misdemeanors, like there are for some felony offenses, prosecutors generally strive to initiate proceedings promptly.

The table below outlines the statute of limitations for various petty misdemeanor offenses in New Mexico.

Legal Penalties for Petty Misdemeanors

Petty misdemeanor convictions carry the lowest level of penalties for crimes in New Mexico. The typical penalty for a petty misdemeanor is a jail term of up to 6 months and a fine not more than $500 (NMSA § 31-19-1). The judge may impose a fine with or without a jail term at their discretion and depending on the circumstances of the offense. Also, the court may, instead of a jail term, place the offender on probation, community service, or counseling.

A petty misdemeanor conviction may seem trivial due to its classification; however, it can have a significant impact on an offender's life, especially in the long term. A conviction can significantly impact an offender's employment opportunities, housing options, and professional licenses.

Court Process for Petty Misdemeanors

According to NMSA § 35-3-4, New Mexico magistrate courts have jurisdiction over misdemeanor and petty misdemeanor criminal actions in the state. The court process for a petty misdemeanor in New Mexico can begin in several ways, including through an arrest, a citation, or a summons. An arrest keeps a suspect in custody until they appear in court, while a citation or summons notifies the suspect of the charges and provides a date to appear in court.

Citations are usually issued by a law enforcement officer at the scene or location of an alleged crime. A summons, however, is issued by the court after a formal complaint is filed. Per NMRA Rule 6-205, failure to appear when summoned can result in an arrest warrant being issued.

The next step after a defendant has been arrested, cited, or summoned is the arraignment, where the charges are read, rights are explained, and a plea is entered. Arraignments generally occur within 30 days of filing the complaint if the defendant is not in custody, or within three days if the defendant is detained (NMRA Rule 7-506).

Once the arraignment occurs, the case may proceed towards trial unless a plea agreement is reached. A trial must start within 182 days of arraignment unless the defendant waives this right or there is reasonable cause for delay. If the defendant is convicted during the trial, they will be sentenced in accordance with statutory provisions.

How Petty Misdemeanors Affect Your Criminal Record

A petty misdemeanor charge that results in a conviction is entered into the defendant's criminal record. This record is often visible in background checks conducted by employers, licensing boards, immigration authorities, and landlords, which can potentially impact various opportunities. In housing, landlords are permitted to terminate a rental agreement if a tenant commits a petty misdemeanor that qualifies as a "substantial violation" under NMSA § 47-8-33. The level of impact depends on the opportunity being sought.

However, state law offers some protection. NMSA § 28-2-3 prohibits an employer from denying a person employment solely based on their conviction, unless the offense directly relates to the job. Individuals can generally mitigate these consequences of a conviction by applying for an expungement if eligible.

Differences Between Petty Misdemeanors and Other Offenses

According to NMSA § 30-1-6, offenses in New Mexico are classified based on their potential penalties. Petty misdemeanors are defined by having the least severe punishments, carrying a maximum jail term of six months and a maximum fine of $500. This distinguishes them from misdemeanors, which can result in up to 364 days in jail and a $1,000 fine, and felonies, which involve imprisonment for more than 1 year and a possible death sentence for very grave crimes.

These penalties show that petty misdemeanors are the least severe crimes and carry lighter consequences compared to other offenses in the state.

How to Check for Petty Misdemeanors in Court Records

New Mexico court records are accessible to the general public unless sealed by the court under R NMRA Rule 1-079. This means that anyone can inspect a case record, including those for petty misdemeanors, provided there are no restrictions on the record.

Petty misdemeanor case records are primarily filed with the clerk of the magistrate court in the county where the case was handled. Individuals seeking a petty misdemeanor case record can visit the respective clerk of court's office with some details about the case. Photocopies typically cost 50 cents per page, while computer-generated copies cost $1 per page.

To avoid fees, individuals can search for the case record through the New Mexico Courts Case Lookup portal. The portal connects users to the court's case management database, which contains court records from New Mexico's Supreme Court, Court of Appeals, District Courts, Magistrate Courts, and Municipal Courts. Users can search the portal using the defendant's name or the case number.

Can a Petty Misdemeanor Be Expunged or Sealed in New Mexico?

In New Mexico, individuals convicted of petty misdemeanors may be eligible to have their records sealed under the state's Criminal Record Expungement Act (NMSA § 29-3A-1 to § 29-3A-9). It is important to note that "expungement" in New Mexico does not mean the physical destruction of records. Instead, the record becomes confidential after expungement and is only disclosed to law enforcement, courts, and financial institutions performing a background check for the purpose of employment.

An individual is generally eligible to file for expungement of a petty misdemeanor if 2 years have passed from the fulfillment of their sentence and there are no new convictions. The table below outlines several petty misdemeanor offense categories in New Mexico and their expungement requirements under the law.