NEW MEXICO
How to Clear Your Criminal Record
in New Mexico
A free, plain English guide to New Mexico expungement — one of the broadest expungement laws in the nation. Misdemeanors, most felonies, non-convictions, and automatic marijuana expungement under NMSA §§ 29-3A-1 through 29-3A-8 (CREA, effective January 1, 2020).
LEGAL TERM
Expungement
WAIT (MISDEMEANOR)
2 years after sentence
GOVERNING LAW
NMSA §§ 29-3A-1–29-3A-8 (CREA)
What You Need to Know First

New Mexico has one of the broadest expungement laws in the country. The Criminal Records Expungement Act (CREA), effective January 1, 2020, allows expungement of most misdemeanor and felony convictions, most non-convictions, and includes automatic marijuana expungement. Very few states allow first-degree felony expungement — New Mexico does after 10 years. If you have a New Mexico criminal record and don't know about CREA, this guide could change your life.

Expungement in New Mexico means records are removed from public access. Expunged records are removed from general public access and are no longer reported on background checks. You can legally answer "no" when asked about the arrest or conviction. Courts reply that no record exists. Federal credit reporting agencies cannot include expunged information.

Discretionary — the judge must find "justice will be served." Even if you meet all waiting period and eligibility requirements, a New Mexico judge must find that justice will be served by granting expungement. The court weighs the nature and gravity of the offense, your age, criminal and employment history, time elapsed, and any reasons to deny submitted by the district attorney. Strong rehabilitation evidence matters.

Waiting Periods — Conviction Expungement

Waiting periods are measured from the last date you completed a sentence for any conviction in any jurisdiction — including probation, fines, and restitution. You must be conviction-free throughout the waiting period. All fines and victim restitution must be paid before applying.

Non-conviction (dismissed, acquitted, no charges)
1 year
Wrongful identity — immediately eligible
Immediately
Misdemeanor / municipal ordinance violation
2 years
4th degree felony / aggravated battery misdemeanor
4 years
3rd degree felony
6 years
2nd degree felony
8 years
1st degree felony / domestic violence crimes
10 years
What Can — and Can't — Be Expunged
ELIGIBLE UNDER CREA
  • Acquittals, dismissals, nolle prosequis — after 1 year
  • Wrongful identity — immediately
  • All misdemeanor convictions (except DWI and domestic violence) — after 2 years
  • 4th degree felony — after 4 years
  • 3rd degree felony — after 6 years
  • 2nd degree felony — after 8 years
  • 1st degree felony — after 10 years
  • Cannabis charges/convictions — automatic expungement after 2 years (§ 29-3A-8)
  • Multiple cases can be included in a single petition
PERMANENTLY INELIGIBLE UNDER CREA
  • Sex offenses (§ 29-11A-3)
  • Offenses against children
  • Offenses causing great bodily harm or death
  • DWI / DUI — all offenses including first offense
  • Embezzlement (§ 30-16-8)
  • Domestic violence crimes (Crimes Against Household Members Act)
  • Pending criminal charges

Even if you were charged but not convicted for any of the permanently ineligible categories, the non-conviction record is still eligible for expungement after 1 year. CREA's permanent ineligibility applies only to convictions.

Automatic Cannabis Expungement

Under § 29-3A-8 (2021, expanded 2023), cannabis charges or convictions for conduct that is no longer a crime are automatically expunged two years after the date of conviction or arrest. Records are destroyed. The Administrative Office of Courts can verify whether automatic expungement has occurred and can process expedited expungement requests if eligible charges have not yet been expunged. Visit the New Mexico Courts website to check your status.

How to File — Step by Step
1
Confirm Eligibility and Gather Records
Confirm your waiting period has passed with no new convictions since your last sentence completion date. Pay all outstanding fines and victim restitution — the court will not grant expungement with unpaid obligations. Request your criminal history from the New Mexico Department of Public Safety at dps.nm.gov.
2
File a Petition in District Court
File your expungement petition in the district court where your conviction or arrest occurred. Download the CREA petition forms from the New Mexico Courts at nmcourts.gov. A single petition can include multiple cases from the same district. Provide notice by first-class mail to the district attorney and arresting agency — they have 30 days to object.
3
Court Hearing and Decision
The court holds a hearing and must issue an order within 30 days. The judge weighs the CREA factors — nature and gravity of offense, your age, criminal and employment history, time elapsed, consequences if denied, and DA's objections. If granted, the court delivers the order to all relevant law enforcement agencies and courts, prohibiting further release of the records. Once expunged, you can answer "no" to questions about the arrest or conviction.
Official Forms
NM Courts — CREA Expungement Forms
Official New Mexico expungement petition forms under CREA §§ 29-3A-1 through 29-3A-7
Visit nmcourts.gov →
NM DPS — Expungement Information
New Mexico Department of Public Safety expungement information and criminal history records
Visit dps.nm.gov →
NM Courts — Cannabis Auto-Expungement
Verify cannabis auto-expungement status or request expedited expungement through the AOC
Visit nmcourts.gov →
Find Your New Mexico District Court
Find the district court in the county where your conviction or arrest occurred
Visit nmcourts.gov →
Helpful Resources
FREE LEGAL HELP
New Mexico Legal Aid
Free civil legal help for low-income New Mexicans — including CREA expungement guidance statewide
nmlegalaid.org →
FREE LEGAL HELP
State Bar of New Mexico — Lawyer Referral
Find a licensed New Mexico attorney for expungement petitions — especially valuable for felony cases
sbnm.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free programs for housing, food, work, and more
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training for people with records
careeronestop.org →
EXPUNGEMENT INFO
NM DPS — Expungements
Official New Mexico expungement information from the Department of Public Safety
dps.nm.gov →
OCCUPATIONAL LICENSING
NM Human Rights Act — Criminal Record Protections
New Mexico limits use of criminal records in employment and licensing under the Human Rights Act
nmlegis.gov →
Frequently Asked Questions
Can a first-degree felony be expunged in New Mexico? +
Yes — New Mexico is one of very few states that allows expungement of first-degree felony convictions. After 10 conviction-free years from sentence completion, a first-degree felony can be petitioned for expungement under CREA. The court must find that justice will be served. Excluded categories (sex offenses, crimes against children, great bodily harm/death, DWI, embezzlement, domestic violence) still cannot be expunged regardless of degree. For all other first-degree felonies, the 10-year wait and strong rehabilitation evidence give you a genuine shot at a fresh start.
Can my DWI be expunged? +
No — DWI/DUI convictions are permanently ineligible for expungement under CREA, including first offenses. Even a deferred sentence for DWI that was later dismissed is not eligible for conviction expungement. However, if you were charged with DWI but the case was dismissed or you were acquitted, the non-conviction record is eligible for expungement after 1 year. If you are currently facing a DWI charge, negotiating it to a different offense before conviction is the only way to preserve expungement options.
How is the waiting period calculated? +
The waiting period is measured from the last date on which you completed a sentence for any conviction in any jurisdiction. If you have multiple convictions, the clock starts from when you finished the most recent one — not each conviction separately. This means if you have a 2-year-old misdemeanor conviction and a 5-year-old felony conviction, and you finished probation on the misdemeanor 2 years ago, the 2-year wait for the misdemeanor runs from that date. All fines, fees, and victim restitution for the conviction you're petitioning must also be paid.
Was my cannabis charge automatically expunged? +
Cannabis charges for conduct that is no longer a crime under New Mexico law should be automatically expunged 2 years after the date of conviction or arrest. The Administrative Office of Courts maintains a procedure to verify whether automatic expungement has occurred and to process expedited requests for eligible charges that haven't been expunged yet. Contact the New Mexico Courts or your county district court to check your status. Records subject to automatic cannabis expungement are destroyed — not just sealed.
Do I need an attorney? +
Not required — New Mexico Legal Aid provides free assistance and the NM Courts website has official CREA petition forms. For straightforward misdemeanor expungements, many people file successfully on their own. For felony petitions — especially higher-degree felonies where the DA is likely to object — working with a New Mexico attorney significantly strengthens your case. The judge's discretionary "interests of justice" finding means preparation and presentation matter considerably.
After Your Record Is Expunged

After CREA expungement, records are removed from general public access. Courts and law enforcement reply that no record exists. You can legally answer "no" to questions about the arrest or conviction on employment, housing, and licensing applications.

For general information about what changes after expungement — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney before filing.