Collateral Consequences

The National Inventory of Collateral Consequences of Conviction, NICCC, publishes lists of collateral consequences of a conviction in each jurisdiction in the United States. The federal Court Security Improvement Act of 2007 (Pub. L. 110-177 § 510, 121 Stat. 2534, 2544) directed the National Institute of Justice to collect and analyze the collateral consequences in place in each U.S. jurisdiction. In 2012, the Criminal Justice Section of the American Bar Association began work on the National Inventory of the Collateral Consequences of Conviction, an online searchable database that identifies and categorizes the statutes and regulations that impose collateral consequences in all 50 states, the federal system, and the District of Columbia, U.S. Virgin Islands, and Puerto Rico. The NICCC is a part of the National Reentry Resource Center, a project funded by the U.S. Department of Justice, Bureau of Justice Assistance.  (https://niccc.nationalreentryresourcecenter.org/node/127)


Collateral Consequences of a Conviction in New Mexico

The Sentencing Commission publishes the following information pursuant to Section 31-29-4 NMSA 1978 of the Uniform Collateral Consequences of Conviction Act.

To learn what the collateral consequences of a conviction are in New Mexico, follow these steps:

  1. Click on this link of the National Inventory of Collateral Consequences of Conviction: https://niccc.nationalreentryresourcecenter.org/consequences.
  2. In the jurisdiction field (in the blue box at the top of that web page), select “New Mexico”. The web page will automatically populate with all of the collateral consequences that obtain in our state.

Two notes:

  1. The search for collateral consequences of a conviction can be narrowed using the search dropdown boxes that are also in the blue box at the top of the webpage. The searchable fields are: Consequences (which includes relief from consequences), Keywords, Offense Type, Discretion, and Duration.
  2. Your search can be exported to an Excel spreadsheet by pressing the “Export” button that is on the righthand side of the blue box at the top of the Consequences web page.

 

Please note the following:

  • This collection has not been enacted into law and does not have the force of law.
  • An error or omission in this collection, or in any reference work cited in this collection, is not a reason for invalidating a plea, conviction or sentence or for not imposing a collateral sanction or authorizing a disqualification.
  • The laws of other jurisdictions and New Mexico counties and municipalities and the New Mexico Administrative Code are not included in this collection and may impose additional collateral sanctions and authorize additional disqualifications.

 

Errors and Omissions:

If you note any errors or omissions in this collection, please contact Douglas Carver, Deputy Director, New Mexico Sentencing Commission.

Phone: (505) 239-8362

Email: dhmcarver@unm.edu

 

Uniform Collateral Consequences of Conviction Act

The Uniform Collateral Consequences of Conviction Act, Sections 31-29-1 through 31-29-16 NMSA 1978, was passed and signed in 2021 with an effective date of January 1, 2022. You can find the text of the Act, with annotations, through the NMOneSource website, compiled by the New Mexico Compilation Commission: https://nmonesource.com/nmos/en/nav.do.