The notice of hearing, Form 4-960.1, is a New Mexico Supreme Court approved form published by the New Mexico Judicial Branch for use with District Court Rule 1-077.1 NMRA. It announces the date, time, length, place and subject of a hearing on a petition to expunge arrest records or public records under the Criminal Record Expungement Act. It also lists the parties entitled to notice. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published by the New Mexico courts.
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What is 4-960.1?
Form 4-960.1, Notice of hearing, is the New Mexico Supreme Court approved district court form that notifies the people involved that a hearing has been set in a petition for expungement of arrest records or public records under the Criminal Record Expungement Act.
The form is printed for use with District Court Rule 1-077.1 NMRA. It opens with the court caption (county, judicial district, the petitioner's name and the case number) and states that the petitioner may be entitled to expungement under the Criminal Record Expungement Act, Sections 29-3A-1 to -9 NMSA 1978. It then says the hearing is set before a named judge and lists five items: the date of hearing, the time of hearing, the length of hearing, the place of hearing and the matter(s) to be heard. A line for the judge's name and a "By" line close the notice.
The second part, Parties entitled to notice, records the petitioner's name, address, telephone number and email address, followed by space for three more parties, each with name, agency (if applicable), address, telephone number and email address.
The form's use notes were provisionally adopted by Supreme Court Order No. 21-8300-033, effective for all cases filed or pending on or after January 28, 2022. The New Mexico courts' forms library groups it among the Supreme Court approved forms.
Who needs to file 4-960.1?
The notice of hearing is used in expungement cases brought under District Court Rule 1-077.1 NMRA, where a hearing has been set on a petition for expungement under the Criminal Record Expungement Act. The form is addressed to the parties entitled to notice, so it is the document that tells them when and where the hearing will take place.
Under the use notes printed on the form, the parties entitled to notice are:
- the petitioner; and
- any party that filed and served objections to the petition for expungement under Rule 1-077.1(G)(1) NMRA no later than sixty-three (63) days from the date of service.
A party that did not file and serve an objection within that period is not described as entitled to notice for the purpose of this form. The form has room to list the petitioner plus three additional parties. It does not say who must fill it out or who may sign it for another person, so follow Rule 1-077.1 NMRA and the court handling the case for those questions.
When to file 4-960.1
The notice of hearing is used once a hearing has been set in a petition for expungement under Rule 1-077.1 NMRA, because the form states that a hearing in the matter is set before a named judge on a stated date and time. The form prints no separate due date of its own.
The use notes tie the list of parties to the objection period. Rule 1-077.1(G)(1) gives a party entitled to notice sixty (60) days to file an objection, and Rule 1-006(C) adds three (3) days where service is made by mail, which is why the form counts objections filed and served no later than sixty-three (63) days from the date of service. The form applies to all cases filed or pending on or after January 28, 2022.
How to fill out 4-960.1
Complete the court caption
Enter the county after COUNTY OF and the number of the judicial district in the "Judicial District Court" line at the top of the form.
Enter the petitioner and case number
On the "In re" line, write the petitioner's name, and enter the case number after No.
Name the judge
In the opening paragraph, write the name of the Honorable judge before whom the hearing is set.
Enter date, time and length
Complete item 1, Date of Hearing, item 2, Time of Hearing, and item 3, Length of Hearing.
Give the place of hearing
On item 4, Place of Hearing, write the location of the hearing; the form provides two lines for it.
State the matters to be heard
On item 5, Matter(s) to be heard, describe what the hearing will address.
Complete the judge and By lines
Fill in the HONORABLE line and the By line at the bottom of the notice as the form provides.
List the petitioner's contact details
Under Parties entitled to notice, enter the petitioner's name, address, telephone number and email address.
Add other parties entitled to notice
For each party that filed and served objections within sixty-three (63) days from the date of service, enter name, agency (if applicable), address, telephone number and email address. The form has three blocks.
Review and download the completed PDF
Check the caption, the hearing details and every party's contact information, then download or print the completed PDF from FillingPDF and handle it as described under How to submit.
How to submit 4-960.1
The form prints no filing address, portal or appointment rule, so there is no channel to quote for it. What it does state is how notice reaches the parties: Rule 1-077.1(E)(3) NMRA provides for service by mail for actions filed under Rule 1-077.1, and Rule 1-006(C) allows three additional days where service is made by mail.
- Parties to notify: the petitioner and any party that filed and served objections to the petition within sixty-three (63) days from the date of service. Their names and contact details go in the Parties entitled to notice section.
- Court procedures: confirm how and where the notice is filed with the district court handling the case, using Rule 1-077.1 NMRA and the court's own instructions.
- Official forms: the New Mexico courts publish Supreme Court approved forms in their forms library at https://nmcourts.gov/forms-library/.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Listing as parties entitled to notice someone who did not file and serve objections within sixty-three (63) days from the date of service; the use notes limit the list to the petitioner and objecting parties.
- Counting only sixty (60) days for objections when service is made by mail; the use notes add three (3) days under Rule 1-006(C), for sixty-three (63).
- Leaving the County and Judicial District Court lines in the caption blank, or omitting the petitioner's name or case number after "In re".
- Leaving any of the five hearing items (date, time, length, place, matter(s) to be heard) empty.
- Omitting the petitioner's name, address, telephone number or email address in the Parties entitled to notice section.
- Skipping the agency line for a party that is an agency; the form asks for it where applicable.
- Using the form outside a petition for expungement under Rule 1-077.1 NMRA, the rule it is printed for use with.
Frequently asked questions
What is a notice of hearing in a New Mexico expungement case?
Form 4-960.1, Notice of hearing, is the Supreme Court approved form that tells the parties a hearing has been set on a petition for expungement under the Criminal Record Expungement Act. It states the judge, date, time, length, place and matters to be heard, and lists the parties entitled to notice.
Who is entitled to notice under Form 4-960.1?
The petitioner and any party that filed and served objections to the petition under Rule 1-077.1(G)(1) NMRA no later than sixty-three (63) days from the date of service. The form has space for the petitioner plus three more parties.
Why does the form refer to 63 days?
Rule 1-077.1(G)(1) gives a party entitled to notice sixty (60) days to file an objection, and Rule 1-006(C) adds three (3) days where service is made by mail. Rule 1-077.1(E)(3) provides for service by mail in these actions, so the total is 63 days.
What information does the notice of hearing ask for?
The county, judicial district, petitioner's name and case number, the judge, and five hearing items: date, time, length, place and matter(s) to be heard. It also asks for each party's name, agency if applicable, address, telephone number and email address.
Can I fill out the notice of hearing online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court; the notice is handled through the court's own procedures under Rule 1-077.1 NMRA.
Where do I file Form 4-960.1?
The form prints no filing address or portal. Confirm with the district court handling the expungement case how the notice is filed. The use notes say service by mail is provided for in Rule 1-077.1(E)(3) NMRA for actions under that rule.
Which cases does the form apply to?
Cases filed or pending on or after January 28, 2022. The form was provisionally adopted by Supreme Court Order No. 21-8300-033 for use with District Court Rule 1-077.1 NMRA in expungement matters.
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