Restoring Civil Rights After a Felony in New Mexico
How New Mexico law treats restoring rights after a felony, from the state code and official state agencies.
Short answer: Voting returns automatically on release from prison (House Bill 4, 2023). Other civil rights are restored by a governor's pardon, which under the state constitution (Art. V, Sec. 6) is at the governor's sole discretion; N.M. Const. art. V, sec. 6; NMCD Policy CD-052100; NMSA 1978, 30-7-16
| Restoring rights after a felony | Voting returns automatically on release from prison (House Bill 4, 2023). Other civil rights are restored by a governor's pardon, which under the state constitution (Art. V, Sec. 6) is at the governor's sole discretion; according to the Corrections Department's clemency policy, a pardon restores all or some of the rights of citizenship, removes state-imposed disabilities such as the right to vote and hold public office, and is generally applied for only after a waiting period free of arrest after discharge from supervision: 5 years for a fourth degree felony, 6 years for third degree, 7 years for second degree and 8 years for first degree (2 more years after an unsatisfactory discharge). For firearms, the state felon-in-possession ban applies only to a felony conviction for which less than 10 years have passed since the sentence or probation was completed, and does not apply after a pardon or to a deferred sentence (see the felon-in-possession page). Voting: https://www.cd.nm.gov/wp-content/uploads/2026/07/Parallels-V1E1.pdf . CD-052100 issued 10/18/15, reviewed 11/22/23. A pardon does not remove federal disabilities and does not expunge records. |
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FAQ
How do you restore your rights after a felony in New Mexico?
Voting returns automatically on release from prison (House Bill 4, 2023). Other civil rights are restored by a governor's pardon, which under the state constitution (Art. V, Sec. 6) is at the governor's sole discretion; according to the Corrections Department's clemency policy, a pardon restores all or some of the rights of citizenship, removes state-imposed disabilities such as the right to vote and hold public office, and is generally applied for only after a waiting period free of arrest after discharge from supervision: 5 years for a fourth degree felony, 6 years for third degree, 7 years for second degree and 8 years for first degree (2 more years after an unsatisfactory discharge). For firearms, the state felon-in-possession ban applies only to a felony conviction for which less than 10 years have passed since the sentence or probation was completed, and does not apply after a pardon or to a deferred sentence (see the felon-in-possession page).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.