Last updated: 9/13/2018
Sealing Order {10-718}
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Description
10-718. Sealing order.[For use with Rule 10-262 NMRA]STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTIn the Matter of , a Child.No. SEALING ORDERThis matter came before the court and the court FINDS as follows (check one):[ ](1)two years have elapsed since the final release of the person from legal custody andsupervision or two years have elapsed since the entry of any other judgment not involvinglegal custody or supervision;(2)within the two years immediately prior to filing the motion, the person has not been convicted of a felony or of a misdemeanor involving moral turpitude or [has] beenfound delinquent by a court and there is no pending proceeding seeking such a convictionor finding; and(3)the person is eighteen years of age or older or the court finds that good causeexists to seal the records prior to the child222s eighteenth birthday.OR[ ]The children222s court attorney has notified this court that the petition in this case, which isconcluded, did not result in an adjudication of delinquency. OR[ ]The Children, Youth and Families Department (CYFD or department) has notified thiscourt that (insert name of child) has been released from the court-ordered supervision or custody of the department or has otherwise completed the terms ofhis or her disposition or other non-custodial requirements, or that the child has reachedhis or her eighteenth (18th) birthday, whichever occurs later; that the department hassealed the records and files of the child in the department222s possession; and that thechild222s records and files must be sealed.IT IS THEREFORE ORDERED THAT the files and records in this case shall be sealedand that the clerk of this court shall deliver or mail copies of this sealing order to the LegalAdministrator, Public Records Custodian, CYFD Office of General Counsel. IT IS FURTHER ORDERED THAT the department shall notify all entities requiring American LegalNet, Inc. www.FormsWorkFlow.com notice.1IT IS FURTHER ORDERED THAT, upon entry of this sealing order, the proceedings inthe case shall be treated as if they never occurred; the findings, orders, and judgments shall bevacated, and all index references shall be deleted. IT IS FURTHER ORDERED THAT all persons and agencies to whom this sealing orderis delivered shall immediately seal their delinquency case records, and reply to any inquiry thatno record exists with respect to the delinquency case that is the subject of this sealing order. District JudgeCERTIFICATE OF SERVICEI certify that I delivered or mailed a copy of this order to the department. ClerkDate USE NOTE1.CYFD shall deliver this order to all entities having custody of records or filessubject to this order, including but not limited to the Children222s Court Attorney division of theDistrict Attorneys Office; the law enforcement office having custody of the child222s lawenforcement files and records; counsel of record at the time of disposition; and the person who isthe subject of this order at the person222s last known address. [Approved by Supreme Court Order No. 06-8300-030, effective January 1, 2007; as amended bySupreme Court Order No. 12-8300-024, effective for all cases filed or pending on or afterJanuary 7, 2013; 10-420 recompiled and amended as 10-718 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com