As of January 1, 2020, it is now possible to expunge a criminal record in New Mexico that meets certain criteria. We will go over the basics of who does and doesn’t qualify to have their record expunged on this page. If you qualify, our experienced expungement attorney can represent you through the process of petitioning the court for an expungement, arguing why you deserve to have your case expunged, and making sure that all the relevant public agencies are notified to have the record of your arrest and/or conviction removed from public records.
How to Expunge a Case in New Mexico
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What Cases Are Not Eligible To Be Expunged
If you were convicted of one of the following crimes in New Mexico, you are not eligible for expungement.
- DWI
- Embezzlement
- Sex crimes
- Crimes against children
- Violent offenses resulting in great bodily harm or death of another
What Is Eligible for Expungement
You may be eligible for expungement if you were arrested or charged with one of the offenses listed above but were NOT convicted.
In some situations, expungement may also be available after a conviction, provided that all of the following conditions are met:
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You completed your sentence
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All fines and fees were paid in full
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You have had no subsequent convictions
Additional Factors the Court May Consider
Even when the basic eligibility requirements are satisfied, the court will review several factors before granting expungement, including:
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The nature and severity of the offense
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Your overall criminal history
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The length of time that has passed since the arrest or conviction
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Any other circumstances that could be affected if expungement is denied
Because expungement is not automatic and depends on a detailed review of your record, working with an experienced expungement attorney can be critical. An attorney can assess your eligibility and present the strongest possible argument for expungement based on your specific circumstances.
When Can I Apply for Expungement
| Type of Record | Waiting Period |
|---|---|
| Identity theft victims | Immediate |
| Non-convictions (felony or misdemeanor) including conditional discharge, pre-prosecution diversion, acquittals, etc. | One year from date of final disposition |
| Municipal ordinance or misdemeanor convictions except for crimes against household members | Two years from end of sentence |
| Misdemeanor aggravated battery or 4th-degree felony convictions | Four years from end of sentence |
| 3rd-degree felony convictions | Six years from end of sentence |
| 2nd-degree felony convictions | Eight years from end of sentence |
| 1st-degree felony convictions or any crime against a household member | Ten years from end of sentence |
Expungement Eligibility
Need Legal Assistance From a New Mexico Expungement Attorney?
Call New Mexico Legal Group at (631) 540-9264. or get started by checking your eligibility.
Expungement Eligibility
Frequently Asked Questions
How long does the expungement process take?
It varies, but typically 3 to 6 months from filing to final court order, depending on the court’s schedule and whether there are objections.
Does expungement erase my record completely?
For most practical purposes, yes — background checks won’t show the offense, and you can usually answer “no” when asked if you’ve been convicted (with some exceptions).
However, law enforcement and courts can still access the record in certain cases.
What’s the difference between expungement and a pardon?
Expungement seals a criminal record as if the crime never occurred (in most cases), whereas a pardon is forgiveness by the governor or president. With a pardon, the conviction may still appear on your record.