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New Mexico Expungement Laws: How to Clear or Seal a Criminal Record

How to expunge or seal a criminal record in New Mexico: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.

Quick answers for New Mexico

What relief the state offers
Under New Mexico's Criminal Record Expungement Act, the district court can expunge arrest records and public records in three situations: identity theft, release without conviction, and convictions after a waiting period. NMSA 1978, §§ 29-3A-1 to 29-3A-8 (Criminal Record Expungement Act, Laws 2019, ch. 213 (HB 370))
Misdemeanor convictions
After completing the sentence and paying fines and fees owed to the state, a person may petition the court of conviction. NMSA 1978, § 29-3A-5(A), (C), (E), (F)
Felony convictions
Felony convictions can be expunged on the same terms after these conviction-free periods: 4 years for a fourth-degree felony, 6 years for a third-degree felony, 8 years for a second-degree felony, and 10 years for a first-degree felony or any offense under the Crimes Against Household… NMSA 1978, § 29-3A-5(C)(4), (G)
Automatic (clean slate) relief
Partly. Arrest and conviction records for cannabis offenses that are no longer crimes under the Cannabis Regulation Act, or that would have been lesser offenses under it, are subject to automatic expungement. NMSA 1978, § 29-3A-8; Eleventh Judicial District Court, Petition to Expunge (automatic) packet

Last verified: 2026-10-27

Who qualifies

What relief the state offersUnder New Mexico's Criminal Record Expungement Act, the district court can expunge arrest records and public records in three situations: identity theft, release without conviction, and convictions after a waiting period. Cannabis offenses that are no longer crimes are expunged automatically under the Cannabis Regulation Act. Expunged records are not destroyed, but they may not be released except by court order.
Source: NMSA 1978, §§ 29-3A-1 to 29-3A-8 (Criminal Record Expungement Act, Laws 2019, ch. 213 (HB 370))
Arrests and dismissed chargesOne year after the final disposition, a person released without conviction for a municipal ordinance violation, misdemeanor or felony may petition the district court where the charges originated. Release without conviction includes an acquittal or not-guilty finding, a dismissal, a referral to pre-prosecution diversion, a conditional discharge, or other discharge of the proceedings. Notice goes to the district attorney, the Department of Public Safety and the arresting agency. After a hearing, the court must order the records expunged if no other charge or proceeding is pending.
Source: NMSA 1978, § 29-3A-4 (HB 370 (2019), § 4)
Misdemeanor convictionsAfter completing the sentence and paying fines and fees owed to the state, a person may petition the court of conviction. The court must expunge if no other charge is pending, justice will be served, all victim restitution has been paid, and the person has had no other conviction for 2 years (most misdemeanors and municipal ordinance violations) or 4 years (misdemeanor aggravated battery). Time is measured from the last date the person completed a sentence in any jurisdiction. In deciding whether justice will be served, the court considers the nature of the offense, the person's age, criminal history and employment history, time passed, and the harm the person would suffer if denied.
Source: NMSA 1978, § 29-3A-5(A), (C), (E), (F)
Felony convictionsFelony convictions can be expunged on the same terms after these conviction-free periods: 4 years for a fourth-degree felony, 6 years for a third-degree felony, 8 years for a second-degree felony, and 10 years for a first-degree felony or any offense under the Crimes Against Household Members Act. Not eligible: offenses against a child, offenses causing great bodily harm or death, sex offenses, embezzlement, and DWI/DUI offenses.
Source: NMSA 1978, § 29-3A-5(C)(4), (G)
DUI / DWI convictionsNo. A conviction for an offense involving driving under the influence of intoxicating liquor or drugs cannot be expunged under the conviction expungement provision.
Source: NMSA 1978, § 29-3A-5(G); Form 4-953 NMRA
Past marijuana convictionsYes. Under the Cannabis Regulation Act, arrest and conviction records for cannabis offenses that are no longer crimes, or that would have been lesser offenses, are subject to automatic expungement (NMSA § 29-3A-8). People whose records were missed can file a free Petition for Request for Automatic Expungement.
Source: NMSA 1978, § 29-3A-8; Eleventh Judicial District Court, Petition to Expunge (automatic) packet

How to apply

How to applyFile a petition in the district court of the county where the conviction was entered (or where the charges originated, for non-conviction cases). For convictions, use Form 4-953 (Petition to expunge arrest records and public records; upon conviction), with a supporting affirmation (Form 4-960.3) and a certificate of service (Form 4-956). Attach current New Mexico Department of Public Safety and FBI arrest records. Serve the district attorney, the Department of Public Safety and the arresting agency, who may object. The court holds a hearing and must issue its order within 30 days afterward.
Source: NMSA 1978, §§ 29-3A-4, 29-3A-5; Rule 1-077.1 NMRA; Forms 4-953, 4-956, 4-960.3 NMRA
Filing feeThe Eleventh Judicial District Court's packet lists a $132 filing fee for a petition to expunge. People who cannot afford it may apply for "free process" (a fee waiver). Filing a request for automatic cannabis expungement is free. Separate fees apply for the state (DPS) and FBI records that must be attached.
The fee comes from one district's packet; confirm the current amount with the district court clerk.
Source: Eleventh Judicial District Court expungement packets
Automatic (clean slate) reliefPartly. Arrest and conviction records for cannabis offenses that are no longer crimes under the Cannabis Regulation Act, or that would have been lesser offenses under it, are subject to automatic expungement. A person whose records were not cleared may file a Petition for Request for Automatic Expungement under § 29-3A-8 at no cost. Other records require a petition.
The text of § 29-3A-8 was not read directly; this description is based on the court's petition form and instructions.
Source: NMSA 1978, § 29-3A-8; Eleventh Judicial District Court, Petition to Expunge (automatic) packet
Getting a copy of your criminal recordThe New Mexico Department of Public Safety's Law Enforcement Records Bureau keeps state criminal history records. To get your own in-state record check, complete the DPS Authorization for Release of Information form legibly, have it notarized, and mail it with your original signature and a $15.00 money order or cashier's check payable to the Department of Public Safety to P.O. Box 1628, Santa Fe, NM 87504-1628 (requests by mail only). Processing takes 7 to 15 working days. A Police Certificate of Good Standing (often needed for immigration) with the background check costs $33.00. Manual fingerprinting is available at DPS Headquarters in Santa Fe ($9.00 for the first two cards, $2.50 each additional; (505) 827-9181).
Source: New Mexico DPS, Fingerprinting and Background Checks

After your record is cleared

What clearing a record doesOnce expunged, the proceedings are treated as if they never occurred, and both officials and the person may answer inquiries by saying no record exists. Exception: the person must disclose arrest or conviction records when seeking employment with, or association with, a financial institution regulated by FINRA or the SEC. The order bars law enforcement agencies and courts from releasing copies of the records to anyone except by court order.
The act does not address firearm rights or immigration; state expungement may not control how federal authorities treat a record.
Source: NMSA 1978, §§ 29-3A-4(D), 29-3A-5(D), 29-3A-7

Where to get help in New Mexico

Expungement & Criminal Records FAQ

Can you get a criminal record expunged in New Mexico?
Under New Mexico's Criminal Record Expungement Act, the district court can expunge arrest records and public records in three situations: identity theft, release without conviction, and convictions after a waiting period. Cannabis offenses that are no longer crimes are expunged automatically under the Cannabis Regulation Act. Expunged records are not destroyed, but they may not be released except by court order.
Can you clear an arrest or dismissed charge in New Mexico?
One year after the final disposition, a person released without conviction for a municipal ordinance violation, misdemeanor or felony may petition the district court where the charges originated. Release without conviction includes an acquittal or not-guilty finding, a dismissal, a referral to pre-prosecution diversion, a conditional discharge, or other discharge of the proceedings. Notice goes to the district attorney, the Department of Public Safety and the arresting agency. After a hearing, the court must order the records expunged if no other charge or proceeding is pending.
Can a misdemeanor be expunged in New Mexico?
After completing the sentence and paying fines and fees owed to the state, a person may petition the court of conviction. The court must expunge if no other charge is pending, justice will be served, all victim restitution has been paid, and the person has had no other conviction for 2 years (most misdemeanors and municipal ordinance violations) or 4 years (misdemeanor aggravated battery). Time is measured from the last date the person completed a sentence in any jurisdiction. In deciding whether justice will be served, the court considers the nature of the offense, the person's age, criminal history and employment history, time passed, and the harm the person would suffer if denied.
Can a felony be expunged in New Mexico?
Felony convictions can be expunged on the same terms after these conviction-free periods: 4 years for a fourth-degree felony, 6 years for a third-degree felony, 8 years for a second-degree felony, and 10 years for a first-degree felony or any offense under the Crimes Against Household Members Act. Not eligible: offenses against a child, offenses causing great bodily harm or death, sex offenses, embezzlement, and DWI/DUI offenses.
Does New Mexico have automatic record clearing (clean slate)?
Partly. Arrest and conviction records for cannabis offenses that are no longer crimes under the Cannabis Regulation Act, or that would have been lesser offenses under it, are subject to automatic expungement. A person whose records were not cleared may file a Petition for Request for Automatic Expungement under § 29-3A-8 at no cost. Other records require a petition.
Can a DUI be expunged in New Mexico?
No. A conviction for an offense involving driving under the influence of intoxicating liquor or drugs cannot be expunged under the conviction expungement provision.
How do you file for expungement in New Mexico?
File a petition in the district court of the county where the conviction was entered (or where the charges originated, for non-conviction cases). For convictions, use Form 4-953 (Petition to expunge arrest records and public records; upon conviction), with a supporting affirmation (Form 4-960.3) and a certificate of service (Form 4-956). Attach current New Mexico Department of Public Safety and FBI arrest records. Serve the district attorney, the Department of Public Safety and the arresting agency, who may object. The court holds a hearing and must issue its order within 30 days afterward.
How much does expungement cost in New Mexico?
The Eleventh Judicial District Court's packet lists a $132 filing fee for a petition to expunge. People who cannot afford it may apply for "free process" (a fee waiver). Filing a request for automatic cannabis expungement is free. Separate fees apply for the state (DPS) and FBI records that must be attached.
What happens after a record is expunged or sealed in New Mexico?
Once expunged, the proceedings are treated as if they never occurred, and both officials and the person may answer inquiries by saying no record exists. Exception: the person must disclose arrest or conviction records when seeking employment with, or association with, a financial institution regulated by FINRA or the SEC. The order bars law enforcement agencies and courts from releasing copies of the records to anyone except by court order.
Can old marijuana convictions be cleared in New Mexico?
Yes. Under the Cannabis Regulation Act, arrest and conviction records for cannabis offenses that are no longer crimes, or that would have been lesser offenses, are subject to automatic expungement (NMSA § 29-3A-8). People whose records were missed can file a free Petition for Request for Automatic Expungement.
How do I check my own criminal record in New Mexico?
The New Mexico Department of Public Safety's Law Enforcement Records Bureau keeps state criminal history records. To get your own in-state record check, complete the DPS Authorization for Release of Information form legibly, have it notarized, and mail it with your original signature and a $15.00 money order or cashier's check payable to the Department of Public Safety to P.O. Box 1628, Santa Fe, NM 87504-1628 (requests by mail only). Processing takes 7 to 15 working days. A Police Certificate of Good Standing (often needed for immigration) with the background check costs $33.00. Manual fingerprinting is available at DPS Headquarters in Santa Fe ($9.00 for the first two cards, $2.50 each additional; (505) 827-9181).

Expungement & Criminal Records in other states

More New Mexico law

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.