Expunging or Sealing a Felony in New Mexico
Which felony convictions can be expunged or sealed in New Mexico, the waiting period, and how to file.
Short answer: 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)
| 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 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) |
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| 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. |
| What clearing a record does | 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. The act does not address firearm rights or immigration; state expungement may not control how federal authorities treat a record. |
Where to get help in New Mexico
More New Mexico expungement & criminal records
- Getting a Copy of Your New Mexico Criminal Record
- Clearing a DUI From Your Record in New Mexico
- How to File for Expungement in New Mexico
- All New Mexico expungement & criminal records rules
FAQ
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.
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.
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.
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.