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New Mexico

Adult Criminal Record Clearance Overview

  • If you were convicted of any crime other than homicide because you were a victim of human trafficking, the record can be sealed immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 
  • If your case was dismissed following successful completion of probation for a first-time drug offense and you were younger than 18 at the time of the offense, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge may grant your petition. 
  • If you were convicted of a marijuana offense and you are currently in, the record can be expunged. 
  • If you were charged with an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, you can get your records expunged.  
  • If you were convicted of a violation of a municipal ordinance, misdemeanor, or felony, following the completion of the person’s sentence and the payment of any fines or fees owed for the conviction, you may petition the district court for an order to expunge the arrest and public records related to that conviction. 

If your case was dismissed following the successful completion of probation in a first-time controlled substance charge, your record can be expunged by the court if you were not over the age of 18 at the time of the offense. 

If you were released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code, you may file a petition to expunge your record one year from the date of the final disposition of your case. 

Adult Criminal Record Clearance Policies

Records relating to a conviction of a violation of a municipal ordinance, misdemeanor, or felony, following the completion of the person's sentence and the payment of any fines or fees owed for the conviction, may petition the district court for an order to expunge arrest records and public records related to that conviction after two to ten years. N.M. Stat. Ann. § 29-3A-5(a).
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Records relating to non-homicide offenses committed by a victim of human trafficking due to duress, coercion, use of force, threat, or fraud can be sealed by the court. N.M. Stat. Ann. § 30-52-1.2.
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Records relating to an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, shall be expunged. N.M. Stat. Ann. § 29-3A-9(a).
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Records relating to a case dismissed following the successful completion of probation in a first-time controlled substance charge can be expunged by the court if the petitioner was not over the age of 18 at the time of the offense. N.M. Stat. Ann. § 30-31-28(D).
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One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code, may petition the district court for an order to expunge arrest records and public records related to that case. N.M. Stat. Ann. § 293A-9(a).
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be sealed in New Mexico. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

Read the legal policies and statutes for detailed statutory information.    

Juvenile Record Clearance Policies Overview   

  • Most juvenile records can be sealed two years after your case, probation, or placement ends. You have to submit a request to the court to start the process. The judge must grant your request. 
  • If you were found not delinquent (the judge decided that you did not commit the offense), the prosecutor should ask the judge to seal the record. The judge is required to grant the request. 

  You may not be eligible for sealing if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges.    

Find a Lawyer  

If you think you might be eligible to have your record sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.    

Court Forms and Resources  

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

Juvenile Record Clearance Policies

Records relating to a matter where the court determined the child not delinquent will be sealed by the court upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J).
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A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21.
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A record relating to a delinquency petition will be sealed and the court will vacate its findings, orders, and judgments. N.M. Stat. Ann. § 32A-2-26(A).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

State Bar of New Mexico General Referral Program

Service area: Statewide

Albuquerque Bar Association Lawyer Referral Service

Service area: Bernalillo, Sandoval, Santa Fe, Torrance, and Valencia counties

Legal Resource for the Elderly Program

Service area: Statewide

Court Forms & Resources

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CSG Justice Center

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