What New Mexico expungement can and cannot do
The Criminal Record Expungement Act lets you petition the district court to expunge arrest records and public records in many cases. After an order, agencies generally must tell the public that no such record exists. Courts and law enforcement still keep access for their own use. Expungement is not a pardon, and it does not rewrite every private background-check database overnight.
If you were released without a conviction — dismissal, acquittal, nolle prosequi, a completed pre-prosecution diversion, or a conditional discharge — you may generally petition one year after the final disposition, if nothing else is pending. That path can include some DWI cases that ended without a conviction. Formal DWI convictions are excluded by statute, as are convictions for sex offenses, embezzlement, offenses against a child, and offenses that caused great bodily harm or death.
Waiting periods after a conviction
If you were convicted, you generally must finish the sentence, pay fines and fees, and complete restitution. Time is measured from the last date you completed a sentence in any jurisdiction. Under the Act, those waiting periods are two years for many municipal and misdemeanor convictions; four years for misdemeanor aggravated battery or many fourth-degree felonies; six years for many third-degree felonies; eight years for many second-degree felonies; and ten years for first-degree felonies and Crimes Against Household Members Act convictions.
Some older cannabis records follow a separate process under cannabis reform. Bring your RAP sheet or case numbers; we will tell you which statute actually applies rather than guessing from memory.
How a petition works
- A current record of arrest and prosecutions (RAP sheet) from the Department of Public Safety — generally dated within 90 days of filing
- Notice to the prosecutor and other required agencies
- A hearing in the district court where the case originated or where you were convicted
- An order the court issues if the statutory findings are met