New Mexico Expungement & Record Sealing Guide
Governing law: NMSA § 29-3A-1 et seq. (expungement, expanded 2019)
Expungement available for most offenses
Who Qualifies for Expungement in New Mexico?
New Mexico significantly expanded expungement in 2019 to include most felony convictions. It is now one of the broader expungement laws in the Southwest.Who Qualifies
- Arrest without conviction: Eligible after 1 year from dismissal/acquittal
- Petty misdemeanor conviction: 1 year after sentence completion
- Misdemeanor conviction: 2 years after sentence completion
- 4th degree felony conviction: 6 years after sentence completion
- 3rd degree felony conviction: 8 years after sentence completion
- 2nd degree felony conviction: 10 years after sentence completion
- No new criminal convictions during the waiting period
Not Eligible
- 1st degree felony convictions (murder, rape, etc.)
- Sex offenses requiring registration
- DWI convictions (generally excluded)
- Crimes against children
Step-by-Step: How to Clear Your Record in New Mexico
- Obtain NM criminal record — From NM Department of Public Safety.
- File petition — In the district court of conviction. Fee: $132 (waivable for indigent petitioners).
- Serve the DA — The district attorney has 30 days to object.
- Hearing — Scheduled if the DA objects or court deems necessary.
- Order issued — All agencies must expunge records.
Waiting Periods
- Arrest/dismissal: 1 year
- Petty misdemeanor: 1 year from sentence completion
- Misdemeanor: 2 years
- 4th degree felony: 6 years
- 3rd degree felony: 8 years
- 2nd degree felony: 10 years
Costs
- Filing fee: $132 (waivable)
- Attorney fees: $750–$2,500
New Mexico Legal Aid offers free help at nmlegalaid.org.
What Record Clearing Does (and Doesn't) Do in New Mexico
After a successful expungement or sealing in New Mexico, your record will generally be cleared from:
- Most private employer background checks
- Rental housing background checks
- Most licensing board inquiries (varies by profession)
However, it typically does not affect:
- Federal law enforcement and immigration records
- Military background checks
- Applications for law enforcement positions
- Some professional licensing boards (law, medicine, teaching — varies by state)
- Sex offender registry requirements (in most cases)
Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in New Mexico for advice specific to your situation.
Want professional help with your New Mexico expungement?
An expungement attorney can handle the paperwork, catch eligibility issues you might miss, and significantly increase your chances of approval. Use a trusted attorney directory to find licensed counsel in New Mexico.
These are independent attorney directories. Clean Slate Guide does not provide legal services.