Land of Enchantment Law Expungement New Mexico

The Complete Guide

Am I eligible to expunge my New Mexico record?

A clear, plain-English walkthrough of who qualifies under New Mexico law, what the process actually looks like, and what it costs. If you'd rather skip the reading, the 2-minute quiz reaches the same answer faster.

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Two Paths Under NMSA § 29-3A

Which track applies to your case?

The first thing to figure out is which of New Mexico's two expungement statutes applies. The dividing line is whether your case ended in a conviction. The two tracks have very different waiting periods, very different legal standards, and very different timelines.

Non-Conviction Track

NMSA § 29-3A-4 — Court shall grant

Qualifies if your case ended in:

  • Charges dismissed (most common)
  • Acquittal / not guilty
  • Nolle prosequi (declined to prosecute)
  • Pre-prosecution diversion completed
  • Conditional discharge (no judgment of guilt)
  • Penalty assessments under Criminal/MV Code
  • Motor Vehicle Code deferred sentence

Key rules:

  • 1-year wait from final disposition
  • Mandatory grant if requirements met
  • Hearing only if objections filed
  • Order due within 30 days
  • Form 4-952 · $132 fee · 4–6 months

Conviction Track

NMSA § 29-3A-5 — Discretionary

Qualifies if you have:

  • A conviction (guilty plea or verdict)
  • Sentence fully completed
  • All fines, fees, restitution paid
  • No pending charges anywhere
  • Waiting period satisfied (see below)
  • Offense not on the never-eligible list

Wait by offense:

  • Misdemeanor: 2 years
  • 4th degree felony: 4 years
  • 3rd degree felony: 6 years
  • 2nd degree felony: 8 years
  • 1st degree / DV: 10 years
  • Form 4-953 · $132 fee · 7–10 months

Permanently Excluded

Five categories that can never be expunged.

Under NMSA § 29-3A-5, five types of conviction are permanently excluded from expungement, regardless of how much time has passed. If your case falls into one of these categories, expungement isn't an option — but other paths (a governor's pardon, sealing of related records) may be.

  1. Offenses against a child — read broadly by the courts; not limited to specific statutes.
  2. Offenses causing great bodily harm or death — courts may look beyond the conviction itself to the underlying conduct.
  3. Sex offenses under SORNA — defined by the Sex Offender Registration and Notification Act (§ 29-11A-3).
  4. Embezzlement — all embezzlement convictions are permanently barred.
  5. DWI/DUI offenses — driving while intoxicated cannot be expunged under the conviction track. (Motor Vehicle Code deferred sentences may qualify under the non-conviction track.)

Watch Out

Two places people get tripped up.

Trap #1 — Deferred sentences

A deferred sentence under the Criminal Code (§ 31-20-3) is treated as a conviction for expungement purposes — even after successful completion. It goes on the slower conviction track with the longer waiting period.

A deferred sentence under the Motor Vehicle Code is different. A 2021 amendment added these to the non-conviction expungement category, putting them on the faster track. Some district courts have rejected this reading and the issue is currently before the New Mexico Court of Appeals — meaning the answer can depend on which court hears the petition.

Trap #2 — DUI carve-out

Even when a DUI case is dismissed and qualifies for the non-conviction track, certain DUI-related records cannot be sealed: the DUI citation itself, related police dispatch records, and breathalyzer records. Other arrest records and court records connected to the case may still qualify.

The line between what can and cannot be removed is technical, which is why DUI-adjacent cases are the place where talking to an attorney pays off most.

The Process

Eight steps. Both tracks. Same order.

Both tracks move through the same eight stages. The differences are in the standard the court applies, the waiting period, and whether a hearing is mandatory.

  1. 1.

    Get DPS and FBI Records

    Both must be dated within 90 days of filing. DPS comes from LERB in Santa Fe with a notarized release form and a $15 fee. FBI is requested at edo.cjis.gov for $18.

  2. 2.

    Complete the Required Forms

    Form 4-952 for non-conviction, Form 4-953 for conviction. The forms were updated effective December 31, 2025 — older versions are rejected.

  3. 3.

    Write the Justice Narrative (Conviction Only)

    For conviction cases, the petition needs a written narrative explaining why expungement serves justice. Specifics win — name jobs denied, housing rejected, licenses out of reach.

  4. 4.

    File at the District Court

    $132 filing fee, waivable with Form 4-222. File where the case originated, even if it was originally in metro or magistrate court.

  5. 5.

    Serve Notice on Three Agencies

    Court-stamped petition goes to the District Attorney, NM DPS, and the arresting law enforcement agency. Certified mail with return receipt for non-conviction.

  6. 6.

    Hearing

    Mandatory in every conviction case. For non-conviction cases, only required if objections are filed — otherwise the court can decide on the paperwork alone.

  7. 7.

    Court's Order

    Within 30 days of decision (non-conviction) or 60 days after the hearing (conviction). Agencies then have at least 60 more days to complete the expungement.

  8. 8.

    Confirm Records Are Cleared

    Don't assume — follow up with the court, DPS, and the arresting agency. The court can also expunge the expungement proceedings themselves, leaving no public trace.

What Changes (and What Doesn't)

After the record is expunged.

Expungement removes records from public databases and from most state-run systems. It doesn't erase them entirely — and there are specific exceptions worth knowing before you file.

What changes

  • Records are removed from public court websites and most state databases
  • You may legally answer "no" to most questions about prior convictions or arrests
  • Most employers, landlords, and licensing boards will not see the record on a background check
  • State law bars public employers and licensing boards from considering expunged records

What doesn't change

  • Law enforcement, courts, and other criminal-justice agencies retain access for future proceedings, NCIC inquiries, and firearms background checks
  • Firearm rights are not restored — a governor's pardon remains the most reliable path to gun-rights restoration after a felony
  • Disclosure is still required when applying for employment with a financial institution regulated by FINRA or the SEC
  • Already-public information — news articles, social media posts, third-party background-check websites — is not reached by expungement

Common Questions

What people ask most.

How much does an expungement cost?

The court filing fee is $132 (waivable for income-qualified petitioners using Form 4-222). Attorney fees vary, but most expungement work is flat-fee — meaning you know the total cost before signing an engagement letter, with no hourly surprises. Initial consultations are always free.

How long does it take?

Non-conviction expungements typically run 4–6 months from the first records request to a fully completed expungement. Conviction expungements take longer — usually 7–10 months — because they require a mandatory hearing and a written narrative explaining why "justice will be served."

Will an expunged record show up on a federal background check?

Federal agencies and certain regulated employers retain access. New Mexico expungement removes records from public view and from most state-run databases, but federal NCIC inquiries, FBI background checks for firearms purchases, and FINRA/SEC employment screens still see the underlying record. For most private-sector hiring, leases, and licensing, expunged records do not appear.

Does expungement restore my right to own a firearm?

No. Neither state nor federal law treats New Mexico expungement as restoring firearm rights lost due to a felony conviction. The most reliable path to gun-rights restoration after a felony is a governor's pardon — a separate, more involved process.

Can I file an expungement petition myself?

Yes. Non-conviction petitions especially can be self-filed, and many people do so successfully. The forms are public, the procedure is documented, and the legal standard favors the petitioner. An attorney makes the most difference when eligibility is unclear (deferred sentences, DWI cases, multi-jurisdictional records), when a written justice narrative is needed, or when the DA objects.

What if I have multiple cases I want to expunge?

Each case number requires its own petition, but a single petition can include multiple charges that share one case number. Petitioners with cases in different judicial districts file separately in each district. Many people start with the most recent case and work backward, since the no-pending-charges requirement applies the same way to each.

What if my petition is denied?

Denials may be appealed to the New Mexico Court of Appeals under a rule created specifically for expungement appeals. The petitioner can also wait and refile after the relevant facts have changed — for example, after additional time has passed, a job has been secured, or rehabilitation evidence has been strengthened.

Now what?

The quiz translates everything on this page into a yes-or-no answer for your specific situation in 2 minutes. If you'd rather just talk it through, the first call is free.

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