A person who believes that arrest record information concerning him is inaccurate or incomplete is, upon satisfactory verification of his identity, entitled to review the information and obtain a copy of it for the purpose of challenge or correction. In the event a law enforcement agency refuses to correct challenged information to the satisfaction of the person to whom the inaccurate or incorrect information relates, the person is entitled to appeal to the district court to correct the information pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 39-10-9, enacted by Laws 1977, ch. 339, § 5; 1998, ch. 55, § 41; 1999, ch. 265, § 43.
ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in the last sentence.
The 1998 amendment, effective September 1, 1998, inserted "; appeal" in the section heading; substituted "is" for "shall"; deleted "be" preceding "entitled"; substituted "the" for "such" twice; substituted "is" for "shall be"; substituted "appeal to" for "petition"; and inserted "pursuant to the provisions of Section 12-8A-1 NMSA 1978" at the end of the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Expunction of federal arrest records in absence of conviction, 97 A.L.R. Fed. 652.
Effect of expungement of conviction on § 241(a)(4), (11) of Immigration and Nationality Act of 1952 (8 USCS § 1251(a)(4), (11)), making aliens deportable for crimes involving moral turpitude or drugs, 98 A.L.R. Fed. 750.