New Mexico: Adult Convictions (NM-C-3)

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).

Record Detail(s)

Misdemeanor

Felony

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978, embezzlement pursuant to Section 30-16-8 NMSA 1978 or an offense involving driving while under the influence of intoxicating liquor or drugs. N.M. Stat. Ann. § 29-3A-59(G).

Procedure General

The petition is filed in the district court in which the person was convicted. N.M. Stat. Ann. § 29-3A-5(a).

Fees

No statutory language.

Effect

The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court. N.M. Stat. Ann. § 29-3A-59(D).

Waiting Periods

There is a 2- to 10-year waiting period.

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