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.
What Cases Are Not Eligible To Be Expunged
If you were convicted of one of the following crimes in New Mexico, you are not eligible for expungement.
- Sex crimes
- Crimes against children
- Violent offenses resulting in great bodily harm or death of another
What Is Eligible To Be Expunged
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.
When Can I 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|