How do I request access to my sealed Juvenile court records in New Mexico?

Question

I'm asking this question for my son who made a mistake when he was 10 YEARS OLD, and although he received a summons for court, the prosecutors office decided not to prosecute. Now that he is 18 years old, the court in New Mexico has sealed his juvenile court records. He is now trying to enlist in the U.S. Navy, and they are requiring him to get a copy of the final disposition of this case. A background check by the FBI will come back clean; however, they will find that he does have a sealed juvenile record. When it comes to enlisting in the U.S. military, it doesn't matter that he was never prosecuted and he can legally respond that no such event ever took place. He can be denied enlistment because he has a sealed juvenile record. He was honest and reported to his recruiter what happened, and while his enlistment has been approved in every other sense, they will not allow him to enlist if he cannot present a court document that shows the final disposition of this case. He has already given them a letter from the prosecutor’s office that states they chose not to prosecute, but this is not enough, SO MY QUESTION IS THIS - how does he request access to his sealed juvenile records in New Mexico and obtain a copy of a court document that shows the final disposition? If he must file a motion, please explain in detail - for example "MOTION TO...........". Is this all he needs, just a motion? Can he just go into the office where the records are located and ask to view since he is the subject or is it much more complicated? I CANNOT AFFORD AN ATTORNEY, so please - this is not an option for my son or me. Any help you can provide is VERY MUCH appreciated! Thank you!

Answer 1

mistakes don't get you arrested,commiting a crime will.

The military can access that information.

Sealed records will not disappear.

If you son has lie on any questions...he can forget thr military !

Answer 2

New Mexico sealed records can be unsealed, but it has to be done by a motion to the court which originally sealed the records. You already know that the sealed record means that your son can "reply to any inquiry that no record exists." (Childrens Court Rules, Rule 10-262(G)(2)(c), found at the first source below under NMRA). If that's not good enough for the military, then your son needs to make a motion to the court to unseal the records. NM Rules of Criminal Procedure, Rule 5-123 covers unsealing generally, but it doesn't lay out the procedure in detail. The procedure your son needs to follow is the procedure in the court that originally sealed the records.



Some NM courts may have online court rules or forms covering the procedure, or the court clerk may provide access to the court rules and copies of forms. But not all NM courts have such forms; even if they do, such forms are normally completed by an attorney. I don't know which court your son's case was in, but I searched the local District Court rules at the first source below and found nothing about unsealing. I also searched all of the Forms resources at the second source and found nothing related to unsealing. You will have to contact the court, and you can find contact information for all NM courts at the third source below.



Having a lawyer would make a huge difference. If you really can't afford one, you may qualify for free legal services. Check the last source below for links to agencies; try the New Mexico Legal Services link in the Statewide category, or scroll down to your county for links to local agencies.

Answer 3

If the record is sealed, forget it.

You have said you can't afford a lawyer, so there is nothing else you can do about it anyway.

ALSO

If they want to see the record, the FBI WILL see the record, they just can't publish any info they discover.

BUT

for the purpose you state, I really don't think there is anything to worry about.

It was likely just a memo in the jurisdiction as there was no prosecution, HENCE no record. Really.