Expungement of Records Upon Conviction in New Mexico: which records can be cleared
Which records New Mexico lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expungement of Records Upon Conviction
- What it covers
- 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.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Ways to clear a record 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
Clean Slate 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
Cannabis convictions 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
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
What you can say afterwards
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
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
In nearby states
Steps to clear a record in New Mexico
Get your own record
Your record lists each case; you need it to see which remedy fits. NM Courts: Steps to Filing Your Petition for Expungement (Conviction) and NM Courts: Steps to Filing Your Petition for Expungement (Release Without Conviction).
See if enough time has passed
The law sets a wait for each kind of case. Waiting periods.
Start the case
Most remedies start with a petition to the court. How to file.
Get help
Ask for free help: New Mexico Legal Aid.
Where to get free help in New Mexico
Questions about clearing a record in New Mexico
What is the legal term 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.
Which records can 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.
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.
Does New Mexico clear cannabis records?
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.
What happens to 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.
What changes after a 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.