What crimes can be expunged in New Mexico?

In New Mexico, most misdemeanors and many felonies can be expunged after the required waiting period. However, certain serious offenses like violent crimes and sex offenses are typically ineligible.

How long is the waiting period for expungement in New Mexico?

Waiting periods in New Mexico vary by offense type. Arrests typically require 1 year, misdemeanors 3-5 years, and felonies 5-10 years from sentence completion.

Can I expunge a felony in New Mexico?

Many felonies can be expunged in New Mexico, but eligibility depends on the specific offense and classification. Class A felonies and certain violent or sexual offenses are generally ineligible.

Will expungement remove my record from background checks?

Yes, once expunged, the record should not appear on most background checks. However, some government agencies and law enforcement may still have access for specific purposes.

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Criminal Record Expungement

New MexicoCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in New Mexico.

Clean Slate State

New Mexico has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

Fee Waiver AvailableYou may qualify for free filing

Or $0 filing fee if you don't qualify

YesClean Slate StateSome records may clear automatically

Check Eligibility →

Legal Terminology in New Mexico

Expungement

expungement

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in New Mexico.

Generally Eligible

Possession of cannabis (personal use amounts)

Use of cannabis

Cannabis paraphernalia possession

Certain cannabis distribution offenses now legal

Generally Not Eligible

Permanently Ineligible

First degree felonies
Sex offenses requiring registration
Crimes against children
All DWI/DUI convictions
Domestic violence crimes

Waiting Periods

Cannabis offense2 years

Waiting periods typically start from completion of sentence, including probation.

Costs & Fee Waivers

Don't let cost be a barrier. Most people qualify for free filing.

Filing Costs

Recommended

Option 1: Fee Waiver

$0 — File for free

If you have limited income, you likely qualify to file without paying any fees.

Option 2: Pay Filing Fee

If you don't qualify for a fee waiver, you'll need to pay the filing fee.

Don't let filing fees stop you. Most people who apply for fee waivers are approved.

The Process

Verify Eligibility

Confirm your conviction qualifies for expungement under CREA

Obtain Criminal History and Court Records

Gather all necessary documentation

Prepare Expungement Petition

Complete all required petition documents

File Petition with Court

Submit your petition to the district court

Complete the Expungement Process

Attend hearing and finalize expungement

Legal Resources

NM Courts Self-Help - Expungement

New Mexico Legal Aid

Free legal help for low-income New Mexicans. Call 1-833-545-4357

Law Access New Mexico

Legal hotline and referral service. Call 1-866-416-1922

Legal Authority

NMSA 1978 § 29-3A-1 to 29-3A-7

Criminal Records Expungement Act (CREA)

View source →

NMSA 1978 § 29-3A-5

Expungement Eligibility

NMSA 1978 § 29-3A-5.1

Cannabis Offense Automatic Expungement

NMSA 1978 § 29-3A-6

Petition for Expungement

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

What was the outcome of your case?

Date DA Declined to File

📋 My Cases

Track your expungement progress across multiple cases

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Add your first case to start tracking your expungement progress

📄 Generate Your Forms

After adding your case information above, use this tool to automatically generate your personalized expungement forms:

💡 Add a case above to generate your expungement forms.

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.