New MexicoCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in New Mexico.

Clean Slate State

New Mexico has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

FreeFiling Fee

YesFee Waiver

YesClean Slate

Check Eligibility →

Legal Terminology in New Mexico

Expungement

expungement

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in New Mexico.

Generally Eligible

Possession of cannabis (personal use amounts)

Use of cannabis

Cannabis paraphernalia possession

Certain cannabis distribution offenses now legal

Generally Not Eligible

Permanently Ineligible

First degree felonies
Sex offenses requiring registration
Crimes against children
All DWI/DUI convictions
Domestic violence crimes

Waiting Periods

Cannabis offense2 years

Waiting periods typically start from completion of sentence, including probation.

The Process

Verify Eligibility

Confirm your conviction qualifies for expungement under CREA

Obtain Criminal History and Court Records

Gather all necessary documentation

Prepare Expungement Petition

Complete all required petition documents

File Petition with Court

Submit your petition to the district court

Complete the Expungement Process

Attend hearing and finalize expungement

Legal Resources

NM Courts Self-Help - Expungement

New Mexico Legal Aid

Free legal help for low-income New Mexicans. Call 1-833-545-4357

Law Access New Mexico

Legal hotline and referral service. Call 1-866-416-1922

Legal Authority

NMSA 1978 § 29-3A-1 to 29-3A-7

Criminal Records Expungement Act (CREA)

NMSA 1978 § 29-3A-5

Expungement Eligibility

NMSA 1978 § 29-3A-5.1

Cannabis Offense Automatic Expungement

NMSA 1978 § 29-3A-6

Petition for Expungement

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.