Expungement Info

We believe that New Mexicans deserve a second chance.  No matter what part of New Mexico you’re from, we want to help you begin a new chapter in your life.  


What is expungement?

Beginning on January 1, 2020 it became possible to expunge criminal records in New Mexico. Expunged records do not appear on background check and are removed from public view. When a person with an expunged criminal record is asked if they have ever been arrested or convicted, they may answer NO. Exceptions can be made to District Attorneys and certain employers requiring security clearance to still access to expunged records.

A criminal record can sometimes be a ‘civil death sentence’.  People with a criminal record can be denied access to housing, employment, immigration, and many other civil and professional necessities.  Expunging your criminal record can help you move toward achieving your personal and professional goals.

What cases are eligible for expungement?
  • Misdemeanor and felony dismissals,
  • Acquittals,
  • Convictions with certain exceptions.
The following convictions are not eligible for expungement:
  • DUI*
  • Crime against a child
  • Crime that resulted in great bodily harm or death
  • Sex offenses
  • Embezzlement

*A first offense DUI that resulted in a conditional discharge may be expunged since a conditional discharge is not a conviction under NM law.

Below is a table that can help you understand when you can apply for expungement:

Type of Record

Waiting Period

Identity theft victims

Immediate

Non-convictions (felony or misdemeanor) including conditional discharge, pre-prosecution diversion, acquittals, etc.

One year from date of final disposition

Municipal ordinance or misdemeanor convictions except for crimes against household members

Two years from end of sentence

Misdemeanor aggravated battery or 4th degree felony convictions

Four years from end of sentence

3rd degree felony convictions

Six years from end of sentence

2nd degree felony convictions

Eight years from end of sentence

1st degree felony convictions or any crime against a household member

Ten years from end of sentence

 

You can find more information regarding expungement in New Mexico at www.nmcourts.gov 

 


 

Please use our expungement form to see if you qualify for a consultation to evaluate your expungement request.