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 (§§ 29-3A-1 to 29-3A-7 enacted in 2019 and effective January 1, 2020; §§ 29-3A-8 and 29-3A-9 added in 2021), 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 was enacted during the 2019 legislative session as Laws 2019, Chapter 203 (House Bill 370) and took effect on January 1, 2020. That Act created NMSA 1978 §§ 29-3A-1 through 29-3A-7. Two further sections, §§ 29-3A-8 and 29-3A-9, were added two years later by Laws 2021 (1st Special Session), Chapter 3, so the Act as it now stands runs from § 29-3A-1 through § 29-3A-9. The 2019 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.

For the petition pathways the 2019 Act created, expungement 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. The automatic cannabis pathway added later works differently and requires the records to be destroyed, as explained below. 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).

Sealing is also not absolute in the civil employment context. Section 29-3A-7 provides that once an expungement order is entered the proceedings are treated as if they never occurred and the person may reply to an inquiry that no record exists, but it expressly carves out one category: arrest or conviction records must still be disclosed by the person and by officials in connection with any application for or query regarding qualification for employment or association with any financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (SEC). Anyone seeking a job in the securities or brokerage industry should assume the record remains disclosable. 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 (§ 29-3A-3). A person who was wrongfully identified in arrest records or public records as a result of identity theft may petition the district court at any time. No waiting period applies. The petitioner must show, at a hearing, that they are a victim of identity theft. Upon that showing, 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 in the district in which the charges against the person originated. The district attorney and the Department of Public Safety receive notice and have thirty days in which to 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. The petition goes to the district court in which the person was convicted. 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, DPS, and the arresting law enforcement agency receive 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 applies only to the post-conviction pathway under § 29-3A-5; the one-year, non-conviction pathway under § 29-3A-4 has no DWI exclusion and expressly includes violations and deferred sentences under the Motor Vehicle Code among the offenses eligible for expungement.

Automatic Cannabis Expungement (NMSA 1978 § 29-3A-8)

A separate automatic process applies to cannabis-related records. NMSA 1978 § 29-3A-8 was enacted by Laws 2021 (1st Special Session), Chapter 3, effective June 29, 2021, and was amended by Laws 2023, Chapter 74, effective June 16, 2023. Under it, all public records held by a court or an agency of the state or a local jurisdiction relating to a person's arrest or conviction for a cannabis offense that is no longer a crime on June 29, 2021, or that would have resulted in a lesser offense had the Cannabis Regulation Act been in effect at the time of the offense, are automatically expunged two years after the date of the person's conviction or the date of the person's arrest if there was no conviction.

That second trigger matters. The statute covers people who were arrested but never convicted, and for them the two-year clock runs from the date of arrest rather than from a conviction that never happened. No petition is required either way.

The 2023 amendment also provides that automatic expungement under this section applies to public records involving only cannabis and cannabis paraphernalia charges and requires destruction of the records. This is therefore the one pathway in the Act that erases records rather than sealing them. If automatic expungement has not occurred as expected within that timeframe, the person can use the administrative office of the courts' verification procedure, added by the same 2023 amendment, to confirm whether automatic expungement has occurred and to request expedited automatic expungement for eligible charges that have not yet been expunged. Where an arrest or conviction involved both cannabis and non-cannabis charges, the person may ask the administrative office of the courts to expunge the eligible cannabis charges through that same procedure. 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.

Venue differs by pathway, and neither statute offers venue based on where the arrest happened. A release-without-conviction petition under § 29-3A-4 is filed in the district court in the district in which the charges against the person originated. A post-conviction petition under § 29-3A-5 is filed in the district court in which the person was convicted. Filing in the wrong district court can get a petition rejected, so confirm which rule applies to your case before you file. 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. Before the district attorney weighs in, have a New Mexico criminal defense lawyer confirm the right district court in a free consultation (attorney advertising).

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

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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?

Where you file depends on your pathway. A non-conviction petition under NMSA 1978 § 29-3A-4 is filed in the district court in the district in which the charges against you originated, and a post-conviction petition under § 29-3A-5 is filed in the district court in which you were convicted. Neither statute lets you file simply where the arrest happened. 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. The 2019 legislature enacted §§ 29-3A-1 through 29-3A-7 as Laws 2019, Chapter 203, effective January 1, 2020; §§ 29-3A-8 and 29-3A-9 were added afterward by Laws 2021 (1st Special Session), Chapter 3. 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?

It depends on the pathway. Driving while intoxicated convictions are explicitly excluded from post-conviction expungement under NMSA 1978 § 29-3A-5(G). That exclusion applies only to the § 29-3A-5 conviction pathway; the non-conviction pathway under § 29-3A-4 has no DWI exclusion and expressly includes violations and deferred sentences under the Motor Vehicle Code among the offenses eligible for expungement.

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 the date of the person's conviction, or two years after the date of the person's arrest if there was no conviction, without any petition. For that pathway the statute requires destruction of the records rather than sealing. All other adult criminal records require a court petition.

What does expungement seal in New Mexico?

Expungement seals records for most 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. NMSA 1978 § 29-3A-7 adds one civil-employment exception: arrest or conviction records must still be disclosed in connection with any application for or query regarding qualification for employment or association with any financial institution regulated by FINRA or the Securities and Exchange Commission.