Clearing a criminal record in New Mexico
In New Mexico it is called expungement: under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and court records to anyone without a court order. Some misdemeanor and felony convictions may be cleared, and New Mexico also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in New Mexico?
Expungement — Under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and court records to anyone without a court order. The case is treated as if it never happened, with a disclosure exception for jobs in the securities and financial-services industry.
New Mexico has 3 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of Records Upon Conviction
Convictions for municipal ordinance violations, misdemeanors and felonies (first to fourth degree), after you finish the sentence and pay fines and fees owed to the state.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Municipal ordinance violation or misdemeanor | 2 years You need 2 years with no new conviction. | The last date you completed a sentence for any conviction in any jurisdiction |
Misdemeanor aggravated battery (30-3-5(B)) or fourth-degree felony | 4 years You need 4 years with no new conviction. | The last date you completed a sentence for any conviction in any jurisdiction |
Third-degree felony | 6 years You need 6 years with no new conviction. | The last date you completed a sentence for any conviction in any jurisdiction |
Second-degree felony | 8 years You need 8 years with no new conviction. | The last date you completed a sentence for any conviction in any jurisdiction |
First-degree felony or Crimes Against Household Members Act offense | 10 years You need 10 years with no new conviction. | The last date you completed a sentence for any conviction in any jurisdiction |
- Not eligible
- Offenses committed against a child; offenses that caused great bodily harm or death; sex offenses; embezzlement; DWI (driving under the influence of alcohol or drugs). You also need no pending charges and full payment of any court-ordered victim restitution.
Law: NMSA 1978, § 29-3A-5
Source: Official text
Expungement of Records Upon Release Without Conviction
Arrests and charges ending in acquittal, nolle prosequi, no bill or dismissal, pre-prosecution diversion, conditional discharge, or other discharge; also penalty assessments and Motor Vehicle Code violations and deferred sentences.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Released without conviction | 1 year You can petition 1 year after the case ended. | The final disposition of the case |
- Not eligible
- Not available while another charge or proceeding is pending against you.
Law: NMSA 1978, § 29-3A-4 (as amended 2021)
Source: Official text
Expungement Upon Identity Theft
Arrest and public records that wrongly name you because of identity theft.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Identity theft | No waiting period You can petition at any time. | No waiting period |
Law: NMSA 1978, § 29-3A-3; Rule 1-077.1 NMRA
Source: Official text
When can I file? Waiting periods in New Mexico
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in New Mexico
Expungement of Records Upon Conviction
File a civil petition in the district court of the county where you were convicted, even if the case was in magistrate or metropolitan court. Attach your New Mexico DPS and FBI arrest records dated within 90 days. Mail copies to the district attorney, DPS and the arresting agency, who have 60 days to object. Then file a notice of completion of briefing with your affirmation; the court must hold a hearing and decide whether justice will be served (considering the offense, your age, history, employment, time passed and the harm you face if denied). One petition can cover several cases in the same judicial district.
Source: mandatory Form 4-953 NMRA
- Cost
- District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County. DPS arrest record: $15 per record check; FBI record fee extra.
- If you can't pay
- Affidavit for Free Process and Affidavit of Indigency.
Expungement of Records Upon Release Without Conviction
File a sealed petition in the district court where the charges originated, with your DPS record dated within 90 days. Serve the district attorney and DPS by first-class mail. If no one objects, the court may decide without a hearing.
Source: Form 4-952 NMRA
- Cost
- District court civil filing fee (varies by district).
- If you can't pay
- Form 4-222 NMRA, Affidavit for Free Process.
Expungement Upon Identity Theft
File Form 4-951 NMRA in the district court where the charges originated, the arrest occurred or a conviction was entered; no service on other parties is required.
- If you can't pay
- Form 4-222 NMRA.
Court self-help
Free help in New Mexico
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (New Mexico Department of Public Safety, State Central Repository for Criminal History) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for New Mexico.
Clearing a record in New Mexico by topic
Expungement of Records Upon Conviction in New Mexico
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in New Mexico
How long you wait for each kind of case, and a date helper.
How to file in New Mexico
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in New Mexico
- Law
- Automatic expungement of cannabis records
- What is cleared
- Public records of arrests and convictions involving only cannabis or cannabis-paraphernalia charges for conduct that is no longer a crime (or would be a lesser offense) under the 2021 Cannabis Regulation Act are automatically expunged and destroyed 2 years after the conviction, or after the arrest if there was no conviction; for people under 18 at the time, after 2 years or at age 18, whichever comes first. If your case also had non-cannabis charges, it is not cleared automatically: you can ask the Administrative Office of the Courts to expunge the eligible cannabis charges, and you can also use the AOC procedure to check whether automatic expungement has happened or ask for it to be expedited.
- Started
- 2021; amended by 2023 HB 314, which limited automatic expungement to cases with only cannabis charges, required destruction of the records and created the AOC check/request procedure.
- Check your record
- Official status page
Law: NMSA 1978, § 29-3A-8 (as amended 2023); Laws 2021, 1st Special Session, ch. 3
Marijuana records in New Mexico
Cannabis-only arrest and conviction records for conduct legalized or reduced by the 2021 Cannabis Regulation Act are expunged automatically after 2 years. Cases that also had non-cannabis charges can ask the Administrative Office of the Courts to expunge the cannabis charges. If automatic expungement did not happen, you can also file a petition in the district court where the arrest, charge or conviction occurred, with no filing fee. People who finished a sentence for such conduct are entitled to have the conviction dismissed and expunged as legally invalid, or redesignated.
Law: NMSA 29-3A-8; Rule 1-077.1(B)(4), effective Dec. 31, 2025; NMSA 29-3A-9
Source: Form 4-954 NMRA
Juvenile records in New Mexico
You, someone on your behalf, or the court can move to seal a delinquency case. The court must seal it if 2 years have passed since your final release from custody and supervision (or since any other judgment), you had no felony or moral-turpitude misdemeanor conviction or delinquency finding in those 2 years and nothing is pending, and you are 18 or older (or the court finds good cause earlier). After sealing, the case is treated as if it never happened. NMSA 1978, § 32A-2-26. Cannabis-only juvenile records are expunged automatically.
Law: NMSA 29-3A-8
Pardons in New Mexico
- Who decides
- Governor
- How
- Read the Governor's Executive Clemency Guidelines and Application Instructions, then submit the Executive Clemency Application with the required documents. The Governor cannot pardon municipal or federal convictions and cannot expunge records.
Law: N.M. Const. art. V, § 6
After your record is cleared in New Mexico
After an expungement order, the proceedings are treated as if they never occurred, and you and officials may reply to an inquiry that no record exists; you must still disclose expunged arrests or convictions when asked about qualifying for work in, or association with, a financial institution regulated by FINRA or the SEC.
Law: NMSA 1978, § 29-3A-7
Get your own record in New Mexico
New Mexico Department of Public Safety, State Central Repository for Criminal History · (505) 827-9181
Submit a notarized DPS Authorization for Release of Information form with the original signature and a $15 money order or cashier's check per record check; all adult arrest records are released. You may also inspect your record in person under the Arrest Record Information Act.
Law: NMSA 29-10-6
Letter: ask the state records office for a copy of your record
Good to know in New Mexico
- One petition can ask to expunge any number of arrests, charges and convictions in the same judicial district.
Law: Rule 1-077.1(B) NMRA
- Expungement petitions use mandatory statewide forms, and DPS and FBI records attached must be no more than 90 days old.
Law: Rule 1-077.1 NMRA
Source: NM Courts instructions
- New Mexico courts amended the expungement rule effective December 31, 2025, adding a fee-free petition for cannabis cases that were not automatically expunged.
Law: Rule 1-077.1 NMRA
Changes in 2024–2026
Supreme Court Order S-1-RCR-2024-00099 amended Rule 1-077.1 NMRA effective December 31, 2025, adding a no-fee petition for cannabis records that were not automatically expunged. Bills to change the Expungement Act in 2025 and 2026 did not pass.
Law: SB 467; HB 331
Source: Form 4-954 NMRA
Questions about clearing a record in New Mexico
What is clearing a record called in New Mexico?
Expungement. Under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and court records to anyone without a court order. The case is treated as if it never happened, with a disclosure exception for jobs in the securities and financial-services industry.
Can convictions be cleared in New Mexico?
Expungement of Records Upon Conviction: Convictions for municipal ordinance violations, misdemeanors and felonies (first to fourth degree), after you finish the sentence and pay fines and fees owed to the state. Expungement of Records Upon Release Without Conviction: Arrests and charges ending in acquittal, nolle prosequi, no bill or dismissal, pre-prosecution diversion, conditional discharge, or other discharge; also penalty assessments and Motor Vehicle Code violations and deferred sentences. Expungement Upon Identity Theft: Arrest and public records that wrongly name you because of identity theft.
How long do I have to wait in New Mexico?
Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Misdemeanor aggravated battery (30-3-5(B)) or fourth-degree felony: 4 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Third-degree felony: 6 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Second-degree felony: 8 years, counted from the last date you completed a sentence for any conviction in any jurisdiction.
Does New Mexico clear records automatically?
Public records of arrests and convictions involving only cannabis or cannabis-paraphernalia charges for conduct that is no longer a crime (or would be a lesser offense) under the 2021 Cannabis Regulation Act are automatically expunged and destroyed 2 years after the conviction, or after the arrest if there was no conviction; for people under 18 at the time, after 2 years or at age 18, whichever comes first. If your case also had non-cannabis charges, it is not cleared automatically: you can ask the Administrative Office of the Courts to expunge the eligible cannabis charges, and you can also use the AOC procedure to check whether automatic expungement has happened or ask for it to be expedited.
How much does it cost to clear a record in New Mexico?
Expungement of Records Upon Conviction: District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County. DPS arrest record: $15 per record check; FBI record fee extra. Expungement of Records Upon Release Without Conviction: District court civil filing fee (varies by district).
Can a marijuana record be cleared in New Mexico?
Cannabis-only arrest and conviction records for conduct legalized or reduced by the 2021 Cannabis Regulation Act are expunged automatically after 2 years. Cases that also had non-cannabis charges can ask the Administrative Office of the Courts to expunge the cannabis charges. If automatic expungement did not happen, you can also file a petition in the district court where the arrest, charge or conviction occurred, with no filing fee. People who finished a sentence for such conduct are entitled to have the conviction dismissed and expunged as legally invalid, or redesignated.
Can juvenile records be cleared in New Mexico?
You, someone on your behalf, or the court can move to seal a delinquency case. The court must seal it if 2 years have passed since your final release from custody and supervision (or since any other judgment), you had no felony or moral-turpitude misdemeanor conviction or delinquency finding in those 2 years and nothing is pending, and you are 18 or older (or the court finds good cause earlier). After sealing, the case is treated as if it never happened. NMSA 1978, § 32A-2-26. Cannabis-only juvenile records are expunged automatically.
What can I say after my record is cleared in New Mexico?
After an expungement order, the proceedings are treated as if they never occurred, and you and officials may reply to an inquiry that no record exists; you must still disclose expunged arrests or convictions when asked about qualifying for work in, or association with, a financial institution regulated by FINRA or the SEC.
How do I get a copy of my criminal record in New Mexico?
Submit a notarized DPS Authorization for Release of Information form with the original signature and a $15 money order or cashier's check per record check; all adult arrest records are released. You may also inspect your record in person under the Arrest Record Information Act.