New Mexico
New Mexico Expungement Laws: How to Clear Your Criminal Record
New Mexico allows qualifying individuals to petition a district court for expungement of criminal records under the Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-9 (enacted 2019, effective January 1, 2020), with waiting periods that scale from one year for non-convictions up to ten years for first-degree felonies.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers state-level expungement in New Mexico only. For a comparison of all 50 states, see Expungement Laws by State.
What Is the New Mexico Criminal Record Expungement Act?
The Criminal Record Expungement Act, codified at NMSA 1978 §§ 29-3A-1 through 29-3A-9, was enacted through House Bill 370 during the 2019 legislative session and took effect on January 1, 2020. The Act created New Mexico's first broad statutory framework for sealing adult criminal records. Before its passage, New Mexico had no general expungement statute for adult convictions. The law covers arrest records, court records, and related public records held by state agencies. It does not erase records entirely; rather, it seals them so that they do not appear on standard civil background checks used by employers, landlords, and licensing boards. Law enforcement agencies and courts retain access for criminal justice purposes, and sealed records remain visible for firearm purchase background checks conducted through the National Instant Criminal Background Check System (NICS). The Act is administered jointly by the district courts and the DPS Law Enforcement Records Bureau.
Three Pathways to Expungement Under NMSA 1978 § 29-3A
The Act provides three distinct petition pathways depending on the outcome of the underlying case.
Identity theft and wrongful arrest (§ 29-3A-3). A person whose record resulted from identity theft or a wrongful arrest may petition the district court at any time. No waiting period applies. The petitioner must demonstrate that the record relates to another person's identity or to an arrest that lacked probable cause. Upon proof of the wrongful action, the court issues an expungement order within 30 days of the hearing.
Release without conviction (§ 29-3A-4). A person who was arrested or charged but released without a conviction, whether through dismissal, acquittal, a conditional discharge agreement, or a deferred prosecution diversion program, may petition one year after the date of final disposition. The petition is filed in the district court where the arrest occurred or the charges were filed. The district attorney receives notice and may object. The court issues its decision within 30 days of the hearing.
Post-conviction expungement (§ 29-3A-5). A person who was convicted must complete the sentence, including any term of probation or parole, and pay all fines, fees, and restitution before the waiting period begins. Waiting periods measured from sentence completion are: two years for a municipal ordinance violation or misdemeanor; four years for a fourth-degree felony or an aggravated battery misdemeanor; six years for a third-degree felony; eight years for a second-degree felony; and ten years for a first-degree felony or an offense under the Crimes Against Household Members Act. The petitioner must not have any pending criminal charges and must not have been convicted of another crime during the waiting period. The district attorney receives notice; the court considers the nature of the offense, the petitioner's criminal history, and evidence of rehabilitation before issuing an order within 30 days of the hearing.
Which Offenses Are Excluded from Expungement?
Section 29-3A-5(G) of the Act permanently excludes specific categories of offenses from post-conviction expungement eligibility. The excluded categories are:
- Driving while intoxicated (DWI) violations under the Motor Vehicle Code
- Sex offenses that require registration under the Sex Offender Registration and Notification Act
- Offenses in which the victim was a child
- Offenses that caused the death or great bodily harm of another person
- Embezzlement offenses
These exclusions apply regardless of how much time has passed since sentence completion. The DWI exclusion also applies to the non-conviction pathway: the one-year waiting-period pathway for dismissed charges does not extend to dismissed DWI charges under the Motor Vehicle Code.
Automatic Cannabis Expungement (NMSA 1978 § 29-3A-8)
A separate automatic process applies to cannabis-related records. Under NMSA 1978 § 29-3A-8, as amended by Laws 2021 (1st Special Session), Chapter 3, effective June 29, 2021, all public records held by a court or state agency relating to an arrest or conviction for a cannabis offense that is no longer a crime under the Cannabis Regulation Act, or that would have resulted in a lesser offense had that Act been in effect, are automatically expunged two years after the date of conviction. No petition is required. If automatic expungement has not occurred as expected within that timeframe, the person may file a petition under the standard process in the district court where the arrest occurred. For individuals under age 18 at the time of the arrest or conviction, records are retained for two years or until the person turns 18, whichever comes first, and are then automatically expunged.
The Court Petition Process and DPS Role
To file a petition under § 29-3A-4 or § 29-3A-5, a petitioner must obtain the correct form from the district court: Form 4-952 for a release-without-conviction petition or Form 4-953 for a post-conviction petition (Form 4-951 covers identity theft cases). For a conviction expungement, both a state RAP sheet from DPS and an FBI RAP sheet are required before filing. The petition is filed in the district court in the county where the arrest occurred or the conviction was entered. The district attorney's office is served with notice and has the opportunity to object. After a hearing, the court issues an order within 30 days if the statutory requirements are met.
Upon receiving a court order, the DPS Expungement Unit within the Law Enforcement Records Bureau seals the state criminal record and notifies the FBI so that federal records are sealed as well. For juvenile records, both state and federal records are fully deleted rather than sealed. The DPS Expungement Unit handles employer background checks, professional licensing inquiries, financial aid applications, and housing records. DPS can be reached at dps.constituents@dps.nm.gov, and further forms and guidance are available at nmcourts.gov.
Disclaimer: This article provides general legal information about New Mexico expungement law as of May 29, 2026. It is not legal advice and does not create an attorney-client relationship. Laws may have changed since this article was verified. Consult a licensed New Mexico attorney for advice about your specific situation.
Related Articles
- Expungement Laws by State
- DUI Expungement by State: Which States Allow It
- How to Check If Your Record Has Been Expunged
RecordingLaw.com provides general legal information, not legal advice. Verify current statutes with official New Mexico sources before acting.
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Frequently Asked Questions
How do I expunge my record in New Mexico?
You file a petition in the district court where your arrest occurred or your conviction was entered. First obtain a state RAP sheet from DPS (and an FBI RAP sheet for a conviction case), then complete the correct court form: Form 4-952 for a non-conviction case or Form 4-953 for a conviction case. Serve the district attorney with notice, attend the hearing, and wait for the court's order. If granted, DPS seals the records and notifies the FBI.
What is the New Mexico Criminal Record Expungement Act?
The Criminal Record Expungement Act is codified at NMSA 1978 §§ 29-3A-1 through 29-3A-9. It was enacted in 2019 and took effect January 1, 2020. The Act created New Mexico's first broad framework allowing adults to petition district courts to seal arrest records, court records, and related public records, subject to waiting periods and offense-type restrictions.
What does NMSA 29-3A mean for my case?
NMSA 1978 § 29-3A refers to the Criminal Record Expungement Act. Section 29-3A-3 covers identity theft cases, § 29-3A-4 covers non-conviction cases with a one-year wait, § 29-3A-5 covers conviction cases with waits of two to ten years, and § 29-3A-8 covers automatic cannabis expungement. Your pathway and waiting period depend on your specific case outcome and offense level.
Can a DWI be expunged in New Mexico?
No. Driving while intoxicated violations are explicitly excluded from expungement under NMSA 1978 § 29-3A-5(G). This exclusion applies to DWI convictions. Additionally, dismissed DWI charges under the Motor Vehicle Code do not qualify for the standard non-conviction expungement pathway.
How long does it take to expunge a record in New Mexico?
After you file the petition, the court must issue a decision within 30 days of the hearing. However, you must first satisfy the waiting period: one year after final disposition for non-convictions, two years after sentence completion for misdemeanors, and up to ten years for first-degree felonies. Obtaining the required RAP sheets and scheduling court hearings adds additional time.
What crimes cannot be expunged in New Mexico?
The following are permanently excluded: DWI violations, sex offenses requiring registration, crimes against children, offenses that caused great bodily harm or death, and embezzlement offenses. These exclusions apply regardless of how many years have passed since sentence completion.
Does New Mexico have automatic expungement?
New Mexico has automatic expungement only for cannabis offenses that are no longer crimes under the Cannabis Regulation Act. Under NMSA 1978 § 29-3A-8, those records are automatically expunged two years after conviction without any petition. All other adult criminal records require a court petition.
What does expungement seal in New Mexico?
Expungement seals records for civil purposes, including employer background checks, professional licensing reviews, educational financial aid, and housing applications. Sealed records remain accessible to law enforcement for criminal investigations, to courts in future criminal proceedings, and for firearm purchase background checks through the federal NICS system.
Sources and References
- New Mexico Criminal Record Expungement Act, NMSA 1978 §§ 29-3A-1 to 29-3A-9(nmlegis.gov)
- Expungement — New Mexico Courts(nmcourts.gov)
- Expungements — NM Department of Public Safety(dps.nm.gov)
- A second chance: Expungement Unit services New Mexicans(dps.nm.gov)
- Expungement Resource Guide — Supreme Court Law Library(lawlibrary.nmcourts.gov)
- Laws 2021 (1st Special Session) Chapter 3 — Cannabis Expungement(nmlegis.gov)