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Expungement or criminal record expungement act in New Mexico

Can I clear my record in New Mexico?

New Mexico's Criminal Record Expungement Act lets people ask a district court to expunge arrests that ended without a conviction after 1 year, and most convictions after the sentence is done and a conviction-free wait of 2 to 10 years.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes New Mexico law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Expungement by petition removes records from public access but does not destroy them. DWI, sex offenses, offenses against children, embezzlement and offenses causing great bodily harm or death can't be expunged. Records of arrests and convictions involving only cannabis conduct that is no longer a crime are expunged automatically and destroyed.1,2,3,4

Checked October 22, 2026 against 26 sources, starting with New Mexico law, then by a second reader.

What it's called
Expungement or criminal record expungement act1,2,3
Automatic clearing
Limited3,11,14
DUI or DWI
Can't be cleared1,2,4
Filing fee
No filing fee1,2,3
Fee waiver
Available1,2,3

Expungement

Expungement of a conviction

Expungement in New Mexico removes the arrest records and public records from access by the general public, including postings on court and law enforcement websites (NMSA § 29-3A-2). It does not destroy them: courts and law enforcement can still see them (Second Judicial District Court). After the order, the proceedings are treated as if they never occurred, and both officials and the person may reply to an inquiry that no record exists, except that the records must be disclosed in connection with an application for employment with, or association with, a financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (§ 29-3A-7). Agencies and courts that receive the order may not release the records except by court order (§§ 29-3A-4, 29-3A-5(D)). The definition of public records leaves out some files, such as confidential prosecutor files and records received through authorized background checks (§ 29-3A-2).1,2,3

What it's for: Municipal ordinance violations, misdemeanors and felonies, after the sentence is complete and a conviction-free waiting period of 2 to 10 years.

Who can use it

  • You finished your sentence and paid any fines and fees owed to the state for the conviction (NMSA § 29-3A-5(A)).
  • Any court-ordered victim restitution has been paid, and no other charge or proceeding is pending against you (§ 29-3A-5(C)).
  • You have had no other criminal conviction during the waiting period: 2 years for municipal ordinance violations and most misdemeanors; 4 years for misdemeanor aggravated battery (§ 30-3-5(B)) and most fourth-degree felonies; 6 years for most third-degree felonies; 8 years for most second-degree felonies; 10 years for first-degree felonies and any offense under the Crimes Against Household Members Act (§ 29-3A-5(C)(4)).
  • The waiting period is measured from the last date you completed a sentence for any conviction in any jurisdiction (§ 29-3A-5(F)).
  • The court must also find that justice will be served, looking at the nature and seriousness of the offense, your age, criminal and employment history, the time since the offense and sentence, the harm you would face without expungement, and any reasons the district attorney gives (§ 29-3A-5(C), (E)).

What doesn't qualify

  • An offense committed against a child (§ 29-3A-5(G)).
  • An offense that caused great bodily harm or death (§ 29-3A-5(G)).
  • A sex offense as defined in § 29-11A-3 (§ 29-3A-5(G)).
  • Embezzlement under § 30-16-8 (§ 29-3A-5(G)). A 2025 bill to remove this exclusion (Senate Bill 467) was not enacted.
  • Any offense involving driving under the influence of alcohol or drugs (DWI) (§ 29-3A-5(G)).

How long you have to wait

RecordWaiting period
Municipal ordinance violation or misdemeanor (not listed below)2 years with no new conviction after the sentence is complete§ 29-3A-5(C)(4)(a)
Misdemeanor aggravated battery (§ 30-3-5(B)) or fourth-degree felony4 years§ 29-3A-5(C)(4)(b)
Third-degree felony6 years§ 29-3A-5(C)(4)(c)
Second-degree felony8 years§ 29-3A-5(C)(4)(d)
First-degree felony or Crimes Against Household Members Act offense10 years§ 29-3A-5(C)(4)(e). Measured from the last sentence you completed in any jurisdiction (§ 29-3A-5(F)).

How to apply

  1. Get your New Mexico Department of Public Safety record (send a notarized Authorization for Release of Information with the DPS fee to the Law Enforcement Records Bureau) and your FBI record. Form 4-953 asks for both, dated no more than 90 days before you file.
  2. Gather records showing the charge, case number, sentence, and that you finished probation or parole and paid fines, fees and restitution.
  3. Fill out the mandatory Form 4-953, explaining why you want the expungement (for example, work, a license or housing) and what harm you face if it is denied. One petition can cover several cases in the same judicial district.
  4. File it as a civil case in the district court for the county where you were convicted, even if the case was in metropolitan or municipal court, and pay the filing fee or file Form 4-222 for free process.
  5. Mail a copy by first-class mail to the district attorney, the Department of Public Safety (P.O. Box 1628, Santa Fe, NM 87504-1628) and the arresting agency, and file a certificate of service.
  6. Wait 60 days for objections, then file a Notice of Completion of Briefing (Form 4-960) with the affirmation (Form 4-960.3). Parties get 20 more days to object if the affirmation shows new arrests or convictions.
  7. Go to the hearing (in person, or by phone or video if you give notice). The judge rules within 60 days after the hearing.
Where to file
The district court for the county where the conviction was entered (Rule 1-077.1 NMRA).
Cost
The Second Judicial District Court (Bernalillo County) lists a $132 filing fee for expungement petitions, and the Fourth and Thirteenth Judicial District Courts list $132 for new civil cases; we did not confirm the fee in every district. The Department of Public Safety charges a fee for your state record, and the FBI charges for its record; we did not confirm either amount. Court copies are $0.35 per page in the Second Judicial District.
If you can't pay
You can ask to file without paying. File Form 4-222 NMRA (Affidavit for Free Process and Affidavit of Indigency) with your petition to ask the court to waive the fee (Second Judicial District Court).
Court hearing
Yes
How long it takes
Parties have 60 days after service to object. The court rules within 60 days after the hearing, the order gives agencies at least 60 days to complete the expungement, and court records are not expunged sooner than 30 days after the order (Rule 1-077.1 NMRA).

Official forms

Expungement

Expungement after release without conviction

Expungement in New Mexico removes the arrest records and public records from access by the general public, including postings on court and law enforcement websites (NMSA § 29-3A-2). It does not destroy them: courts and law enforcement can still see them (Second Judicial District Court). After the order, the proceedings are treated as if they never occurred, and both officials and the person may reply to an inquiry that no record exists, except that the records must be disclosed in connection with an application for employment with, or association with, a financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (§ 29-3A-7). Agencies and courts that receive the order may not release the records except by court order (§§ 29-3A-4, 29-3A-5(D)). The definition of public records leaves out some files, such as confidential prosecutor files and records received through authorized background checks (§ 29-3A-2).1,3,11,12

What it's for: Arrests and charges that ended without a conviction, including acquittals, dismissals, no bills, preprosecution diversion and conditional discharge, and penalty assessments and Motor Vehicle Code violations and deferred sentences.

Who can use it

  • You were released without a conviction for a municipal ordinance violation, misdemeanor or felony, including an acquittal or not-guilty finding; a nolle prosequi, no bill or other dismissal; a referral to a preprosecution diversion program; an order of conditional discharge under § 31-20-13; or other discharge (NMSA § 29-3A-4(A), (E)).
  • The same route covers penalty assessments under the Criminal Code and the Motor Vehicle Code, and violations and deferred sentences under the Motor Vehicle Code (§ 29-3A-4(A), as amended by Senate Bill 2 of the 2021 First Special Session).
  • At least 1 year has passed since the final disposition (§ 29-3A-4).
  • No other charge or proceeding is pending against you (§ 29-3A-4).

What doesn't qualify

  • Petitions filed less than 1 year after the final disposition (§ 29-3A-4).
  • DWI citations kept by the Taxation and Revenue Department are not 'arrest records' under the Act, so a dismissed DWI's motor vehicle record is not covered (§ 29-3A-2).

How long you have to wait

RecordWaiting period
Acquittal, dismissal, no bill, diversion or conditional discharge1 year from the final disposition§ 29-3A-4

How to apply

  1. Get your Department of Public Safety record of arrests and prosecutions, dated no earlier than 90 days before you file, to attach to the petition (§ 29-3A-4(C)), and the records showing how each case ended. A party that objects based on your FBI record must give you a free copy of it (§ 29-3A-4(D)).
  2. Fill out the mandatory release-without-conviction petition form listed in Rule 1-077.1 NMRA. It is filed under seal or under a pseudonym, and one petition can cover several cases from the same judicial district (§ 29-3A-4(C)).
  3. File in the district court for the county where the charges started or the arrest happened, and pay the fee or file Form 4-222 for free process.
  4. Mail a copy to the district attorney and the Department of Public Safety and file a certificate of service.
  5. After the 60-day objection period, file the Notice of Completion of Briefing (Form 4-959) with the matching affirmation form. If no one objects, the court may decide without a hearing.
Where to file
The district court for the county where the charges originated or the arrest occurred (Rule 1-077.1 NMRA).
Cost
The Second Judicial District Court lists a $132 filing fee for expungement petitions, and the Fourth and Thirteenth Judicial District Courts list $132 for new civil cases, plus the Department of Public Safety and FBI record fees (amounts not confirmed).
If you can't pay
You can ask to file without paying. File Form 4-222 NMRA (Affidavit for Free Process and Affidavit of Indigency).
Court hearing
Sometimes
How long it takes
Parties have 60 days after service to object. Without objections, the court may rule on the papers; after a hearing, it rules within 60 days (Rule 1-077.1 NMRA).

Official forms

Expungement

Automatic expungement of cannabis records

Public records held by a court or a state or local agency about the arrest or conviction are expunged automatically, and for records involving only cannabis and cannabis paraphernalia charges this expungement requires destruction of the records (NMSA § 29-3A-8(A), as amended by House Bill 314 of 2023, effective June 16, 2023). The general effect of expungement in § 29-3A-7 applies.11,14,15

What it's for: Arrests and convictions for cannabis or cannabis paraphernalia offenses that are no longer crimes, or would be lesser offenses, under the Cannabis Regulation Act.

Who can use it

  • Arrests or convictions for cannabis conduct that is no longer a crime on June 29, 2021, or that would have been a lesser offense if the Cannabis Regulation Act had been in effect (§ 29-3A-8(A)).
  • Records are expunged 2 years after the conviction, or 2 years after the arrest if there was no conviction (§ 29-3A-8(A), as amended by House Bill 314 of 2023).
  • In a case with both cannabis and other charges, automatic expungement covers only records involving cannabis and paraphernalia charges; you can ask the Administrative Office of the Courts to expunge the eligible cannabis charges in a mixed case (§ 29-3A-8(A), (C), as amended in 2023).
  • People in custody or previously incarcerated for a cannabis offense may petition at any time to modify the sentence or vacate the conviction (§ 29-3A-9, enacted by Senate Bill 2, 2021).

What doesn't qualify

  • Non-cannabis charges in the same case are not expunged by this process (§ 29-3A-8).

How long you have to wait

RecordWaiting period
Cannabis arrest or conviction2 years after the conviction, or after the arrest if no conviction§ 29-3A-8(A)

Happens automatically. No petition is needed. Senate Bill 2 (2021) required the Department of Public Safety to review state databases and identify eligible convictions by January 1, 2022, and gave prosecutors until July 1, 2022 to challenge a dismissal. Since House Bill 314 (2023), the Administrative Office of the Courts must provide a way to check whether your records were expunged and to ask for expedited expungement; those requests are confidential (§ 29-3A-8(B)-(D)).

How to apply

  1. Nothing to file for cannabis-only cases.
  2. To check whether your record was expunged, or to ask for faster expungement or expungement of the cannabis charges in a mixed case, use the Administrative Office of the Courts' verification procedure (§ 29-3A-8(B)-(C)).
Where to file
Automatic through the courts, the Administrative Office of the Courts and the Department of Public Safety.
Cost
No fee or cost may be charged for review of cannabis convictions under § 29-3A-9 (Senate Bill 2, 2021, section 6(L)).
Court hearing
No
How long it takes
Records are due to be expunged 2 years after the conviction or arrest.

Expungement

Expungement after identity theft

Expungement in New Mexico removes the arrest records and public records from access by the general public, including postings on court and law enforcement websites (NMSA § 29-3A-2). It does not destroy them: courts and law enforcement can still see them (Second Judicial District Court). After the order, the proceedings are treated as if they never occurred, and both officials and the person may reply to an inquiry that no record exists, except that the records must be disclosed in connection with an application for employment with, or association with, a financial institution regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (§ 29-3A-7). Agencies and courts that receive the order may not release the records except by court order (§§ 29-3A-4, 29-3A-5(D)). The definition of public records leaves out some files, such as confidential prosecutor files and records received through authorized background checks (§ 29-3A-2).1,3,12

What it's for: Records that name you because someone else used your identity.

Who can use it

  • You were wrongfully identified in arrest or public records because of identity theft and show this to the court (NMSA § 29-3A-3).

How long you have to wait

RecordWaiting period
Records created by identity theftNone§ 29-3A-3

How to apply

  1. File the mandatory Form 4-951 NMRA petition in district court in the county where the charges originated, the arrest occurred or the conviction was entered (Rule 1-077.1 NMRA).
  2. If no one objects, the court may decide without a hearing.
Where to file
District court (Rule 1-077.1 NMRA).
Cost
Not stated in the statute or rule; the Second Judicial District Court lists $132 for expungement petitions, and other districts list $132 for new civil cases.
If you can't pay
You can ask to file without paying. File Form 4-222 NMRA (Affidavit for Free Process and Affidavit of Indigency).
Court hearing
Sometimes

Official forms

Automatic clearing

New Mexico has no broad Clean Slate law; expunging most records takes a petition. The exception is cannabis: since Senate Bill 2 of the 2021 First Special Session, passed with the Cannabis Regulation Act, records of arrests and convictions for cannabis conduct that is no longer a crime (or would now be a lesser offense) are expunged automatically 2 years after the conviction or arrest, and the Department of Public Safety had to identify eligible convictions by January 1, 2022 (NMSA § 29-3A-8). House Bill 314 (2023) limited automatic expungement to cannabis-only records, required those records to be destroyed, and added a way to check whether records were expunged and to ask for expedited or mixed-case expungement. In 2025 the Supreme Court removed the cannabis petition from Rule 1-077.1 NMRA to match that law, effective December 31, 2025.3,11,14,16

DUI and DWI records in New Mexico

A DWI conviction can't be expunged: the conviction route excludes any offense involving driving under the influence of alcohol or drugs (NMSA § 29-3A-5(G)). A DWI arrest that ended without a conviction (dismissal, acquittal, diversion or conditional discharge) can be expunged after 1 year under § 29-3A-4, but DWI citations held by the Taxation and Revenue Department, such as motor vehicle records, are not arrest records under the Act and stay on file (§ 29-3A-2).1,2,4

Arrests and dismissed charges

Arrests and charges that ended without a conviction, including acquittals, dismissals, no bills, preprosecution diversion and conditional discharge, can be expunged by petition 1 year after the final disposition if no other charge is pending; the same route covers penalty assessments and Motor Vehicle Code violations and deferred sentences (NMSA § 29-3A-4, as amended in 2021). The petition is filed under seal or under a pseudonym in district court with a Department of Public Safety record no more than 90 days old, the district attorney and Department of Public Safety get 60 days to object under the court rule, and the court may decide without a hearing if no one objects (Rule 1-077.1 NMRA, as amended effective December 31, 2025).1,3,11,12,13

Marijuana records

Arrest and conviction records for cannabis or cannabis paraphernalia conduct that is no longer a crime, or would be a lesser offense, under the Cannabis Regulation Act are expunged automatically 2 years after the conviction, or after the arrest if there was no conviction, and cannabis-only records are destroyed. In cases with other charges, only the cannabis charges qualify, and you can ask the Administrative Office of the Courts to expunge them. People incarcerated or previously incarcerated for cannabis offenses can petition at any time to modify the sentence or vacate the conviction, and no fee may be charged for that review (NMSA §§ 29-3A-8, 29-3A-9; Senate Bill 2, 2021 First Special Session; House Bill 314, 2023). Other cannabis convictions can use the regular conviction expungement rules.11,14,15,16

What employers can see afterward

After expungement, you may reply to an inquiry that no record exists, except that you must disclose the records in connection with an application for employment with, or association with, a financial institution regulated by FINRA or the Securities and Exchange Commission (NMSA § 29-3A-7). New Mexico's fair-chance law covers private employers: an employer that uses a written or electronic application may not ask about arrests or convictions on it, but may consider a conviction after reviewing the application and discussing the job with the applicant, and may tell applicants that law or company policy bars people with certain records from some jobs. Applicants can seek relief under the Human Rights Act (NMSA § 28-2-3.1, Laws 2019, ch. 176, effective June 14, 2019). For public employment and state licenses, Senate Bill 2 (2021) amended § 28-2-3 so that convictions that have been sealed, dismissed, expunged or pardoned can't be used.1,11,13,18,19,20

Free help in New Mexico

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.22,23,24
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.25,26

This page explains New Mexico's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in New Mexico?" https://secondchanceindex.com/record-clearing/new-mexico, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. NMSA 1978 § 29-3A-5
  2. NMSA 1978 § 29-3A-5 (2025 New Mexico Statutes, republished text)Justia, republishing the New Mexico Compilation
  3. Rule 1-077.1 NMRA, Expungement (as amended effective December 31, 2025)New Mexico Supreme Court
  4. Form 4-953 NMRA, Petition to Expunge Arrest Records and Public Records Upon Conviction (October 31, 2025)New Mexico Supreme Court
  5. Steps to Filing Your Petition for Expungement: Conviction (rev. 4/7/22)Second Judicial District Court of New Mexico
  6. 10.2.2 NMAC, Criminal Record Expungement (Department of Public Safety rule)New Mexico State Records Center and Archives
  7. Senate Bill 467 (2025), as introducedNew Mexico Legislature
  8. Fees, Costs and FilingFourth Judicial District Court of New Mexico
  9. Fees, Costs and FilingThirteenth Judicial District Court of New Mexico
  10. Senate Bill 467 (2025) bill statusNew Mexico Legislature
  11. NMSA 1978 § 29-3A-4 (as amended by Laws 2021 (1st S.S.), ch. 3)
  12. Steps to Filing Your Petition for Expungement: Release Without ConvictionSecond Judicial District Court of New Mexico
  13. House Bill 331 (2026), as introduced (reprints current NMSA § 29-3A-4)New Mexico Legislature
  14. NMSA 1978 §§ 29-3A-8, 29-3A-9
  15. NMSA 1978 Chapter 29, Article 3A (2025 New Mexico Statutes, section list)Justia, republishing the New Mexico Compilation
  16. NMSA 1978 § 29-3A-8 (2025 New Mexico Statutes, republished text and annotations)Justia, republishing the New Mexico Compilation
  17. NMSA 1978 § 29-3A-9 (2025 New Mexico Statutes, republished text)Justia, republishing the New Mexico Compilation
  18. Senate Floor Substitute for Senate Bill 96 (2019)New Mexico Legislature
  19. NMSA 1978 § 28-2-3.1 (2025 New Mexico Statutes, republished text and annotations)Justia, republishing the New Mexico Compilation
  20. House Bill 331 (2026) bill statusNew Mexico Legislature
  21. Do you have a criminal record that's holding you back? (Volunteer Attorney Program flyer)New Mexico Legal Aid
  22. List of consumer reporting companiesConsumer Financial Protection Bureau
  23. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  24. Employer Background Checks and Your RightsFederal Trade Commission
  25. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  26. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)