Expunging a Criminal Record in New Mexico (2026)
Reviewed by DocDraft Legal Team · New Mexico · Last updated August 19, 2026
New Mexico allows true expungement of many arrest and conviction records under the Criminal Record Expungement Act, NMSA 29-3A-1 to 29-3A-8, which took effect January 1, 2020. Records that did not end in a conviction can be expunged one year after the case closed under NMSA 29-3A-4. Convictions carry tiered waiting periods measured from completion of the sentence: two years for most misdemeanors and four to ten years for felonies by degree under NMSA 29-3A-5. The Act permanently excludes DWI, sex offenses, offenses against a child, embezzlement, and offenses that caused great bodily harm or death. Expungement is by petition to the district court in the county of the arrest or conviction; New Mexico has no automatic clean-slate sealing, and the Department of Public Safety updates the state repository.
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What are you trying to clear?
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What record-clearing relief does New Mexico offer and what is it called?
New Mexico offers true expungement under the Criminal Record Expungement Act, NMSA 29-3A-1 to 29-3A-8, effective January 1, 2020. An order directs law enforcement, courts, and the Department of Public Safety to seal or expunge the arrest and conviction records so they no longer appear in a public background check.
What is the waiting period to expunge a conviction in New Mexico?
Waiting periods run from completion of the sentence. Under NMSA 29-3A-5 it is two years for most misdemeanors, four years for a fourth degree felony, six for a third degree, eight for a second degree, and ten for a first degree felony. Non-conviction records qualify one year after the case closes under NMSA 29-3A-4.
Can you expunge a felony in New Mexico?
Yes, many felonies qualify after the waiting period, but relief is discretionary. Under NMSA 29-3A-5 the waits are four years for a fourth degree felony up to ten years for a first degree felony. Sex offenses, offenses against a child, embezzlement, DWI, and offenses causing great bodily harm or death are permanently excluded.
Does New Mexico have automatic clean-slate expungement?
No. New Mexico has not enacted automatic clean-slate sealing, so relief under the Criminal Record Expungement Act is petition-only. You must file a petition in the district court, give notice to the district attorney and the Department of Public Safety, and the court holds a hearing before any record is expunged.
New Mexico's Criminal Record Expungement Act: Tiered Waits, Hard Exclusions, and No Clean Slate
New Mexico's Criminal Record Expungement Act, NMSA 29-3A-1 to 29-3A-8, took effect on January 1, 2020 and provides genuine expungement, meaning eligible arrest and conviction records are sealed or expunged so they no longer surface in an ordinary public background check. Records that did not lead to a conviction, including dismissals, acquittals, nolle prosequi filings, and completed diversion, can be expunged one year after the case ended under NMSA 29-3A-4. Convictions carry tiered waiting periods measured from the last date the person completed the sentence under NMSA 29-3A-5: two years for a municipal ordinance violation or a misdemeanor, four years for a fourth degree felony, six years for a third degree felony, eight years for a second degree felony, and ten years for a first degree felony. The petitioner must have paid any court-ordered victim restitution and stayed conviction-free during the waiting period. Felony and some misdemeanor expungements are discretionary: the court weighs the nature of the offense, the petitioner's rehabilitation, the time since the offense, the specific adverse consequences, and any objection from the district attorney. The Act permanently excludes offenses committed against a child, offenses that caused great bodily harm or death, sex offenses, embezzlement, and offenses involving driving while under the influence. New Mexico has no automatic clean-slate sealing, so every case requires a petition filed in the district court for the county of the arrest or conviction, with notice to the district attorney, the arresting agency, and the Department of Public Safety, which maintains the state criminal history repository.
Relevant Laws
Criminal Record Expungement Act (NMSA 29-3A-1 et seq.)
New Mexico's expungement statute, effective January 1, 2020, authorizes true expungement of eligible arrest and conviction records by petition to the district court. It defines expungement to mean sealing or destroying records so they no longer appear in a public background check.
Expungement of Non-Conviction Records (NMSA 29-3A-4)
Allows expungement of records where the case did not end in a conviction, including dismissals, acquittals, nolle prosequi filings, and completed diversion, one year after the case closed if there are no pending charges or later convictions.
Expungement Upon Conviction and Waiting Periods (NMSA 29-3A-5)
Sets the tiered waiting periods from completion of sentence: two years for a misdemeanor and four, six, eight, or ten years for a fourth, third, second, or first degree felony. Permanently excludes DWI, sex offenses, offenses against a child, embezzlement, and offenses causing great bodily harm or death.
No General Federal Expungement of State Records
There is no general federal statute to expunge a New Mexico state conviction; record-clearing for state offenses is governed by the Criminal Record Expungement Act and handled by New Mexico district courts, with the Department of Public Safety updating the state repository.
Regional Variances
New Mexico Expungement Eligibility Table
Relief type and name
True expungement under the Criminal Record Expungement Act, NMSA 29-3A-1 to 29-3A-8, effective January 1, 2020. A granted order directs the courts, law enforcement, and the Department of Public Safety to seal or expunge the records so they no longer appear in an ordinary public background check.
Non-conviction records (1 year)
Under NMSA 29-3A-4, records that did not end in a conviction, including dismissals, acquittals, nolle prosequi filings, conditional discharges, and completed diversion, can be expunged one year after the case closed, provided there are no pending charges and no later convictions.
Misdemeanor convictions (2 years)
Under NMSA 29-3A-5, a municipal ordinance violation or misdemeanor conviction has a two-year waiting period measured from completion of the sentence. Certain enumerated misdemeanors carry a longer wait, and any court-ordered victim restitution must be paid before petitioning.
Felony convictions (4, 6, 8, or 10 years)
Under NMSA 29-3A-5, felony waiting periods run from completion of the sentence: four years for a fourth degree felony, six years for a third degree, eight years for a second degree, and ten years for a first degree felony. Felony expungement is discretionary and the court weighs statutory factors.
Permanently excluded offenses
NMSA 29-3A-5 bars expungement of offenses committed against a child, offenses that caused great bodily harm or death to another person, sex offenses, embezzlement, and offenses involving driving while under the influence. These records cannot be expunged no matter how much time has passed.
Clean-slate status
None. New Mexico has not enacted automatic clean-slate sealing, so all relief under the Criminal Record Expungement Act is petition-only. You must file in the district court for the county of the arrest or conviction and give notice to the district attorney and the Department of Public Safety.
Suggested Compliance Checklist
Confirm eligibility and the New Mexico waiting period
Before you draft the petition days after startingClassify each record as a non-conviction or a conviction and check the wait under the Criminal Record Expungement Act: one year for non-convictions under NMSA 29-3A-4, and two to ten years by offense class under NMSA 29-3A-5. Confirm the offense is not an excluded DWI, sex offense, offense against a child, embezzlement, or great-bodily-harm offense.
Obtain your New Mexico criminal history record
Before filing days after startingRequest your state criminal history from the New Mexico Department of Public Safety, which maintains the central repository, and gather case numbers and disposition dates from the courts. An accurate list ensures the petition names every record to be expunged and that restitution and waiting-period requirements are documented.
Prepare the expungement petition
After eligibility is confirmed days after startingDraft a verified petition under NMSA 29-3A-1 that lists the arrest and conviction records, the disposition, and the date each sentence was completed, and confirms victim restitution is paid. For a discretionary felony petition, assemble evidence of rehabilitation and the consequences the record still causes.
File in the district court and serve the required parties
At filing days after startingFile in the district court for the county of the arrest or conviction, pay the civil filing fee or request a fee waiver, and give notice to the district attorney, the arresting agency, and the Department of Public Safety. Missing a required party or the correct venue can delay or defeat the petition.
Attend the hearing and confirm the record is updated
At and after the court hearing days after startingAppear at the hearing, generally set within about thirty days, and respond to any objection from the district attorney or a victim. If granted, keep a certified copy of the order and follow up with the Department of Public Safety to confirm the state repository is updated. An attorney can help with a contested or discretionary petition.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm eligibility and the New Mexico waiting period | Classify each record as a non-conviction or a conviction and check the wait under the Criminal Record Expungement Act: one year for non-convictions under NMSA 29-3A-4, and two to ten years by offense class under NMSA 29-3A-5. Confirm the offense is not an excluded DWI, sex offense, offense against a child, embezzlement, or great-bodily-harm offense. | - | Before you draft the petition |
| Obtain your New Mexico criminal history record | Request your state criminal history from the New Mexico Department of Public Safety, which maintains the central repository, and gather case numbers and disposition dates from the courts. An accurate list ensures the petition names every record to be expunged and that restitution and waiting-period requirements are documented. | - | Before filing |
| Prepare the expungement petition | Draft a verified petition under NMSA 29-3A-1 that lists the arrest and conviction records, the disposition, and the date each sentence was completed, and confirms victim restitution is paid. For a discretionary felony petition, assemble evidence of rehabilitation and the consequences the record still causes. | - | After eligibility is confirmed |
| File in the district court and serve the required parties | File in the district court for the county of the arrest or conviction, pay the civil filing fee or request a fee waiver, and give notice to the district attorney, the arresting agency, and the Department of Public Safety. Missing a required party or the correct venue can delay or defeat the petition. | - | At filing |
| Attend the hearing and confirm the record is updated | Appear at the hearing, generally set within about thirty days, and respond to any objection from the district attorney or a victim. If granted, keep a certified copy of the order and follow up with the Department of Public Safety to confirm the state repository is updated. An attorney can help with a contested or discretionary petition. | - | At and after the court hearing |
Frequently Asked Questions
You pay the district court's civil filing fee to open the expungement case, and costs rise if you hire an attorney for a discretionary felony petition. If you cannot afford the fee, you can ask the New Mexico district court to waive it by filing an application to proceed without payment of costs, which the court reviews based on your income.
After you file, the New Mexico district court generally holds a hearing within about thirty days, so a straightforward petition can conclude in a few months. Discretionary felony cases, objections from the district attorney, or the time to gather records can extend the timeline. Updating the state background-check databases after the order can add further weeks.
Sometimes. A New Mexico expungement removes the record from ordinary public background checks, but the law allows access in defined situations, and law enforcement, the courts, some licensing bodies, and immigration authorities may still see it. Expungement under NMSA 29-3A-1 is not a guaranteed full erasure for every purpose, so do not assume the record is invisible to all agencies.
Once a court grants expungement under the Criminal Record Expungement Act, the arrest and conviction are treated as not having occurred for most purposes, and you generally do not have to disclose the expunged matter on a routine job application. Exceptions can apply for certain government, law enforcement, or licensing contexts, so an attorney can confirm how it applies to you.
No. The New Mexico Criminal Record Expungement Act permanently excludes offenses involving driving while under the influence, sex offenses, offenses committed against a child, embezzlement, and offenses that caused great bodily harm or death to another person. These records cannot be expunged under NMSA 29-3A-5 regardless of how much time has passed.
Other New Mexico guides
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