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Clearing a Record

Section 29-3A-5 — two to ten years without a new conviction, by the level of the offense

One year after final disposition, a person released without a conviction may petition the district court where the charges began to expunge the arrest and public records of that case.

  • NMSA 1978, § 29-3A-4
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Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.

A conviction forNo other conviction for
A conviction forA municipal ordinance violation or a misdemeanorNo other conviction forTwo years
A conviction forMisdemeanor aggravated battery, or a fourth degree felonyNo other conviction forFour years
A conviction forA third degree felonyNo other conviction forSix years
A conviction forA second degree felonyNo other conviction forEight years
A conviction forA first degree felony, or an offense under the Crimes Against Household Members ActNo other conviction forTen years

After the sentence is complete and fines paid, a person convicted may petition. The court orders the records expunged if no other charge is pending, justice will be served, restitution is paid, and no other conviction occurred for the period above, measured from the last completed sentence.

Not every offense. The conviction provisions do not cover an offense against a child, one causing great bodily harm or death, a sex offense, embezzlement, or an offense involving driving under the influence.

Once expunged, the proceedings are treated as if they never occurred, except that the records are disclosed for employment with a financial institution regulated by the financial industry regulatory authority or the securities and exchange commission.

Sources for this section (3)
  1. NMSA 1978, § 29-3A-4 — Expungement of records upon release without conviction
  2. NMSA 1978, § 29-3A-5 — Expungement of records upon conviction
  3. NMSA 1978, § 29-3A-7 — Effect of an order to expunge

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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