Straight answers on New Mexico expungement.

For non-conviction cases, one year from the final disposition. For conviction cases the period is set by statute and depends on the offense:

• Municipal ordinance violation — 2 years
• Misdemeanor (general) — 2 years
• Aggravated battery misdemeanor (§ 30-3-5(B)) — 4 years
• Fourth degree felony — 4 years
• Third degree felony — 6 years
• Second degree felony — 8 years
• First degree felony — 10 years
• Crimes Against Household Members Act offense — 10 years

The clock starts on the date you completed your last sentence in any jurisdiction, not just the case you want expunged. If you finished probation on one case three years ago but completed parole on another six months ago, the clock runs from six months ago.

Five categories are permanently excluded under § 29-3A-5(G), regardless of how much time has passed:

• Offenses against a child
• Offenses that caused great bodily harm or death
• Sex offenses under the Sex Offender Registration and Notification Act (SORNA)
• Embezzlement
• DWI/DUI offenses involving alcohol or drugs

Non-conviction outcomes (dismissals, acquittals) for these same charges may still be eligible under the § 29-3A-4 track.

Not automatically. A deferred sentence under the criminal code (§ 31-20-3) is treated as a conviction for expungement purposes, even when the case is later dismissed. This trips up many New Mexicans who assume successful completion of a First Offender Program clears the record. It doesn't — you still have to petition.

A DWI conviction involving alcohol or drugs is one of the five permanent exclusions and cannot be expunged. That said, the 2021 amendment to § 29-3A-4 added Motor Vehicle Code deferred sentences to the non-conviction track, which may apply to certain DWI cases. The interpretation is unsettled across districts and is currently before the New Mexico Court of Appeals. Non-conviction outcomes in a DWI matter (dismissal, acquittal) may still be eligible. We'll tell you exactly where your case falls during a free consultation.

Most felonies, yes — under the conviction track. The waiting period is four years for a fourth degree felony, six for a third, eight for a second, and ten for a first degree felony. Felony expungement is discretionary: the court has to find that "justice will be served" by sealing your record, weighing five statutory factors covering the offense, your rehabilitation, the time elapsed, the consequences you still face, and any objections from the District Attorney. A hearing is mandatory. The exception: felonies in any of the five never-eligible categories above cannot be expunged at any waiting period.

Many non-conviction expungements can be filed without a lawyer. The forms are public and the legal standard favors the petitioner. Conviction expungement is a different situation — it requires a written "justice will be served" narrative addressing five statutory factors, a mandatory hearing, and the ability to respond to objections from the District Attorney. A generic statement of remorse is not enough. The narrative is where most denied petitions fall apart.

Situations where the difference is largest:

• Cases involving deferred sentences, conditional discharges, or DWI dispositions where eligibility is unclear
• Multiple cases across different judicial districts (Bernalillo, Doña Ana, Santa Fe)
• District Attorney objections requiring a written response and oral argument
• A prior denial that requires refiling under a heightened standard
• Petitions involving conduct that touches the "great bodily harm" or "offenses against a child" exclusions

A denied petition isn't just a setback — depending on the basis for denial, it can mean additional waiting periods before you can refile.

Eleven years as an Assistant District Attorney in the First and Second Judicial District Attorney's Offices, rising to Chief Deputy and Deputy DA. He prosecuted the same kinds of cases that today's clients want expunged — and sat across from defense counsel at hearings just like the ones his expungement clients now face. He knows how DA offices evaluate expungement petitions internally, which factors trigger objections, and how to draft a narrative that anticipates and answers prosecutorial concerns before they're raised. Licensed in New Mexico and Texas; currently chairs the New Mexico Bar Association Historical Committee.

Statewide, with concentrated practice in three district courts:

• Second Judicial District Court (Bernalillo County, Albuquerque), 400 Lomas Blvd. NW — the largest expungement docket in New Mexico. Notice required to the Bernalillo County District Attorney at 520 Lomas Blvd. NW.
• Third Judicial District Court (Doña Ana County, Las Cruces), 201 W. Picacho Ave. — primary court for southern New Mexico cases.
• First Judicial District Court (Santa Fe County), 225 Montezuma Ave. — covers Santa Fe, Rio Arriba, and Los Alamos counties.

If your case originated in another judicial district, we can still represent you — the petition has to be filed where the case originated and we handle filings statewide.

Find out whether you qualify and which track applies. Take the 2-minute eligibility quiz, call 505.585.1235, or book a free consultation on Calendly. The consultation is free and confidential.