Clearing a DUI From Your Record in New Mexico
Whether a DUI or DWI conviction can be expunged or sealed in New Mexico, and what to do instead if it can't.
Short answer: No. A conviction for an offense involving driving under the influence of intoxicating liquor or drugs cannot be expunged under the conviction expungement provision. NMSA 1978, § 29-3A-5(G); Form 4-953 NMRA
| DUI / DWI convictions | 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 to apply | 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. |
Where to get help in New Mexico
More New Mexico expungement & criminal records
- Getting a Copy of Your New Mexico Criminal Record
- Expunging or Sealing a Felony in New Mexico
- How to File for Expungement in New Mexico
- All New Mexico expungement & criminal records rules
FAQ
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.
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.