How long you wait to clear a record in New Mexico
When you can ask to clear a record in New Mexico.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in New Mexico law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Expungement of Records Upon Conviction
- Waiting periods
- 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
New Mexico waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
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.
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.
Law: Laws 2021, 1st Special Session, ch. 3
Law: NMSA 1978, § 29-3A-8 (as amended 2023)
In nearby states
- Arizona: Arrest with no charges, dismissal, or acquittal: No waiting period, counted from end of the case
- Colorado: Arrest, no charges filed (court petition): You can petition once the statute of limitations has run or police are no longer investigating, or after completing diversion with no charges filed, counted from when the statute of limitations has run or you are no longer under investigation
- Texas: Class C misdemeanor arrest, no charge filed: If no charge was filed, you can ask after at least 180 days from the arrest, counted from date of arrest (180 days)
Steps after the wait in New Mexico
Check your dates
Use the dates on your court papers, not your memory.
Look at the exclusions
Some offenses are never eligible, and a new case can restart or stop the clock.
File when you are ready
Once enough time has passed, see how to file. How to file.
Get help
Ask for free help: New Mexico Legal Aid.
Where to get free help in New Mexico
Questions about waiting periods in New Mexico
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.
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.
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.