How to File for Expungement in New Mexico
How to apply to clear a criminal record in New Mexico: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: File a petition in the district court of the county where the conviction was entered (or where the charges originated, for non-conviction cases). NMSA 1978, §§ 29-3A-4, 29-3A-5; Rule 1-077.1 NMRA; Forms 4-953, 4-956, 4-960.3 NMRA
| 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. |
|---|---|
| Filing fee | 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. The fee comes from one district's packet; confirm the current amount with the district court clerk. |
| Arrests and dismissed charges | 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. |
| Getting a copy of your criminal record | 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). |
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
- Clearing a DUI From Your Record in New Mexico
- All New Mexico expungement & criminal records rules
FAQ
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.
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.
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).
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.