Bill > HB253

This bill establishes new procedures for sealing and managing court records related to eviction cases in New Mexico. The bill defines key terms such as "eviction" (legal action to regain property possession), "owner" (property owner or manager), and "resident" (tenant). Automatically, when an eviction proceeding begins, the court record will be sealed, limiting access to judges, court staff, parties to the case, and authorized attorneys. If an eviction order is granted, the record becomes publicly available after 15 days, but will be sealed again approximately three years later. Residents are not required to disclose sealed eviction records to third parties, and they can petition to have the record sealed again if they can demonstrate that sealing serves the interests of justice. The bill allows for unsealing records in compelling circumstances, such as for scholarly, educational, journalistic, or governmental purposes, with the court balancing the resident's privacy interests against the requesting party's needs. Importantly, residents will not be charged a filing fee to petition for record sealing, and authorized attorneys can access sealed records without public disclosure. These provisions apply to all eviction cases filed on or after the effective date of the act in 2025.

Budget and Finance, Business and Industry

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=253&year=25