This bill introduces a new section to the New Mexico statutes that mandates the sealing of certain court records related to evictions. Under the new law, once an eviction action is initiated, the court record must be sealed, limiting access to specific individuals such as judges, court staff, and authorized attorneys. The bill outlines the procedures for unsealing these records, which can occur no sooner than fifteen days after an order granting possession is entered, unless certain conditions apply, such as an appeal by the resident. Additionally, the bill stipulates that the names of the parties involved in sealed records cannot be published online or released to third parties.
Furthermore, the legislation provides protections for residents involved in sealed eviction cases, stating they will not be liable for failing to disclose the eviction in response to inquiries from third parties. It also allows for the possibility of unsealing records upon a resident's motion if it serves the interests of justice, and establishes that residents will not incur filing fees for such motions. The bill aims to balance the need for public access to court records with the privacy rights of residents facing eviction, ensuring that sealed records remain confidential unless a compelling need is demonstrated.