How to file to clear a record in New Mexico
How to ask a New Mexico court to clear your record, what it costs and which forms to use.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expungement of Records Upon Conviction
- Cost
- District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County (court instructions, rev.
- Forms
- 5
Filing step by step 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
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
Records that are not eligible in New Mexico
- Expungement of Records Upon Conviction: 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.
- Expungement of Records Upon Release Without Conviction: Not available while another charge or proceeding is pending against you.
Law: NMSA 1978, § 29-3A-5; NMSA 1978, § 29-3A-4 (as amended 2021)
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
In nearby states
- Arizona: The law sets no state court filing fee for the petition. The Department of Public Safety may charge a fee set by its director for the background report and, if you win, for correcting your record, unless you are indigent or your case was dismissed, not filed or ended in a not-guilty verdict.
- Colorado: No fees or costs.
- Texas: The filing fee is set by each county; ask the district clerk. The clerk charges $25 for each listed agency that cannot receive notice electronically.
Your next steps in New Mexico
Get your papers ready
Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.
Use the court's forms
Use the official forms and instructions: NM Courts: Steps to Filing Your Petition for Expungement (Conviction) and NM Courts: Steps to Filing Your Petition for Expungement (Release Without Conviction).
Turn in the petition
The clerk takes the petition; the court may set a hearing.
Get help
Ask for free help: New Mexico Legal Aid.
Where to get free help in New Mexico
Questions about filing in New Mexico
What is the waiting period 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.
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).
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.