Administering Entity
Albuquerque Police Department
New Mexico Department of Public Safety
Arrestees: Yes. All felonies. Not Rapid Booking Station, probable cause/charges issue.
Qualifying Crimes: Any felony arrest. 2025 update: H.B. 340 (signed April 7, 2025; ch. 42) authorizes entry into CODIS of DNA from persons arrested for a felony who die before charges are filed.
Time of Collection: Taken at booking, though it may not be forwarded for analysis until after judicial finding of probable cause.
Expungement: By written request where the arrest that put the sample in the system (a) produced a felony charge later resolved by dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program, conditional discharge, misdemeanor conviction, or acquittal; or (b) produced no felony charge within one year of the arrest. Written request should include a certified copy of the dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or a sworn affidavit that no felony charges arising out of the arrest have been filed within one year. A person may also request expungement of his sample and DNA records from the missing persons DNA identification system by written request. Such person much provide, if applicable, a certified copy of a court order that overturns the original search warrant or court order that led to the inclusion of his sample and DNA records in the missing persons DNA identification system. The administrative center shall not expunge a person’s sample and DNA records from the DNA identification system if the person has a prior felony conviction or a pending felony charge for which collection of a sample is authorized pursuant to the provisions of the DNA Identification Act.
Statutes / Case Law
N. M. S. A. 1978, § 29-16-3. Definitions
§ 2 9 – 1 6 – 6. Collection of Samples
§ 2 9 – 3 – 1 0. DNA Collection from Persons Arrested
§ 29-16-10. EXPUNGEMENT OF SAMPLES AND DNA RECORDS FROM THE DNA IDENTIFICATION SYSTEM AND CODIS
§ 29-16-10.1. EXPUNGEMENT OF SAMPLES AND DNA RECORDS
Convicted Offenders: Yes.
Qualifying Crimes: Felony convictions as an adult (including through youthful offender or serious youthful offender proceedings), and sex offenses requiring registration as a sex offender.
Time of Collection: Where no sample was collected at arrest, collection occurs before release.
Expungement: By written request, with a certified copy of the court order reversing the conviction that placed the sample in the system. A person may likewise seek expungement from the missing persons DNA identification system by written request, providing (if applicable) a certified copy of a court order overturning the original search warrant or order that led to inclusion.
Statutes / Case Law
1.M. S. A. 1978, § 29-16-3 Definitions
29-16-6. Collection of samples
29-16-10. Expungement of samples and DNA records from the DNA identification system and CODIS
29-16-10.1. Expungement of samples and DNA records
Legislative History
Laws 1997, ch. 105 — Original Enactment This is the bill that created the DNA Identification Act in its entirety, including the original collection mandate. It was passed by the 43rd Legislature, 1st Session (1997). The NM Legislature has the bill archived at the /sessions/97 regular/bills/house/HB0395.pdf path, and a 1997 Vote Smart document confirms a “Committee Substitute for House Bill 395” from the 43rd Legislature contained the DNA identification provisions. The statute’s effective date anchors to July 1, 1997 (all three subsections of the original § 29-16-6(A) reference July 1, 1997 as the operative date).
Laws 2003, ch. 256 — Senate Bill 157 The 46th Legislature, 1st Session (2003) passed SB 157, which amended the DNA Identification Act. This is confirmed by the NM Legislature’s own 2003 Highlights publication: “Senate Bill 157 (Chapter 256) amends the DNA Identification Act…”
Laws 2005, ch. 279 — CS/SB 237 (Committee Substitute for Senate Bill 237) Added Subsection A(4), requiring sex offenders to provide a sample to the county sheriff in any county where they must register. The NM Legislature 2005 Highlights confirms: “Committee Substitute for Senate Bill 237 (Chapter 279) expands the…”
Laws 2006, ch. 104 — CS/SB 216 (Committee Substitute for Senate Bill 216, sponsored by Sen. Papen) This is the most significant expansion — it added Subsection B, requiring any person 18+ arrested for a felony (not just convicted) to provide a DNA sample, effective January 1, 2007. Confirmed by the NM Municipal League 2006 Summary of Laws: “Chapter 104. CS/SB 216. DNA SAMPLES FOR ALL FELONY ARRESTS (Papen). Any person 18 years old or older who is arrested on or after January 1, 2007…”
- No law but there seems to be a casework/evidence program. Several NM local jurisdictions are using Rapid DNA outside of law with local databases.
- NM AG urging Governor to place Rapid DNA on upcoming legislative agenda.
No program or law identified.
No program or law identified.
No program or law identified.