N.M. Stat. § 31-29-9
Effect of conviction by another state or the United States;
relieved or pardoned conviction.
A. For purposes of authorizing or imposing a collateral consequence in New
Mexico, a conviction of an offense in a court of another state or the United States is
deemed a conviction of the offense in New Mexico with the same elements. If there is
no offense in New Mexico with the same elements, the conviction is deemed a
conviction of the most serious offense in New Mexico that is established by the
elements of the offense. A misdemeanor in the jurisdiction of conviction shall not be
deemed a felony in New Mexico, and an offense lesser than a misdemeanor in the
jurisdiction of conviction shall not be deemed a conviction of a felony or misdemeanor in
New Mexico.
B. For purposes of authorizing or imposing a collateral consequence in New
Mexico, a juvenile adjudication in another state or the United States shall not be
deemed a conviction of a felony, misdemeanor or offense lesser than a misdemeanor in
New Mexico.
C. A conviction that is reversed, overturned or otherwise vacated by a court of
competent jurisdiction of New Mexico, another state or the United States on grounds
other than rehabilitation or good behavior shall not serve as the basis for authorizing or
imposing a collateral consequence in New Mexico.
D. A pardon issued by another state or the United States has the same effect for
purposes of authorizing, imposing and relieving a collateral consequence in New
Mexico as it has in the issuing jurisdiction.
E. A conviction that has been relieved by expungement, sealing, annulment, set-
aside or vacation by a court of competent jurisdiction of another state or the United
States on grounds of rehabilitation or good behavior, or for which civil rights are
restored pursuant to statute, has the same effect for purposes of authorizing or
imposing collateral consequences in New Mexico as it has in the jurisdiction of
conviction; provided, however, that such relief or restoration of civil rights does not
relieve collateral consequences applicable pursuant to the law of New Mexico for which
relief could not be granted pursuant to Section 11 [31-29-11 NMSA 1978] of the Uniform
Collateral Consequences of Conviction Act or for which relief was expressly withheld by
the court order or by the law of the jurisdiction that relieved the conviction. An individual
convicted in another jurisdiction may seek relief pursuant to Section 10 [31-29-10 NMSA
1978] of the Uniform Collateral Consequences of Conviction Act from any collateral
consequence for which relief was not granted in the issuing jurisdiction except those
consequences listed in Section 11 of that act.
F. A charge or prosecution in any jurisdiction that has been finally terminated
without a conviction and imposition of sentence based on participation in a deferred
adjudication or diversion program shall not serve as the basis for authorizing or
imposing a collateral consequence in New Mexico. This subsection does not affect the
validity of any restriction or condition imposed by law as part of participation in the
deferred adjudication or diversion program before or after the termination of the charge
or prosecution.