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As of January 1, 2020, it is now possible to expunge a criminal record in New Mexico that meets certain criteria. We will go over the basics of who does and doesn’t qualify to have their record expunged on this page. If you qualify, our experienced expungement attorney can represent you through the process of petitioning the court for an expungement, arguing why you deserve to have your case expunged, and making sure that all the relevant public agencies are notified to have the record of your arrest and/or conviction removed from public records.


If you were convicted of one of the following crimes in New Mexico, you are not eligible for expungement.

  • DWI
  • Embezzlement
  • Sex crimes
  • Crimes against children
  • Violent offenses resulting in great bodily harm or death of another


If you were arrested or a case was filed against you for one of the crimes listed above but you were NOT convicted, you may be eligible for expungement.

Upon completion of your sentence and payment of any fines and fees, you may be eligible to have your arrest record and any related conviction expunged if you had no further convictions and upon review of certain other factors, such as the type of offense involved, any other criminal history, the length of time since the arrest or any other conditions which may affect you if expungement is denied. Our experienced expungement attorney can help to determine the best argument for expungement for your particular case.


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

Contact a New Mexico Expungement Attorney

Contact our legal staff at (505) 843-7303 if you are currently attempting to expunge your record. We service clients in the cities of Albuquerque, Rio Rancho, Santa Fe, Las Cruces, and other cities in New Mexico. We provide free confidential evaluations. We will review your case, explain your legal options, and advise of the best way to approach the case.

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"There aren't words enough to express my joy and admiration for all your fine efforts your office and staff put forth in this victorious outcome you delivered to me." - D.P., Albuquerque, N.M. “I wanted to thank you for your great work in getting my husband’s case dismissed. I was confident from the beginning that everything would turn out o.k., but I was truly amazed by your handling of the state’s witnesses at trial.” - C.K., Albuquerque “Cynthia managed my case with courteous professionalism. Her responses to my inquiries were always timely, along with those of her assistant. Cynthia’s careful attention to detail placed us in the best possible position to achieve the eventual positive outcome for the case – she made all the right ‘moves’.” - M.S., Albuquerque