Clearing a criminal record in New Mexico: what to do
Checked against official sources: Oct 25, 2026
In New Mexico:
- What it's called and what it does
- In New Mexico it is called expungement: under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and court records to anyone without…
- Waiting periods
- Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Misdemeanor aggravated battery (30-3-5(B)) or…
- Do this now
- Get a copy of your own criminal record and the court papers for each case.
Every state has its own way to clear some criminal records, its own name for it (such as expungement, sealing, set-aside or annulment), its own list of records that may qualify and waiting periods counted from a date its law sets; some states also clear some records automatically. A cleared record may still be seen by some agencies, such as licensing boards or immigration, and state laws don't apply to a federal conviction.
More about this
Whether your own record qualifies depends on the details of each case.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for New Mexico
Do now
Get a copy of your own criminal record and the court papers for each case.
Why: You need each arrest, charge and how it ended to see which of your state's remedies fits. Record Clear Map's free letter asks your state's records office for a copy.
Look up what your state calls clearing a record and which records may qualify.
New Mexico: In New Mexico it is called expungement: under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and…
Why: Each state has its own remedies, its own list of records that may qualify and its own exclusions.
If the case was in federal court, know that state record-clearing laws don't apply to it.
Why: Federal law has no general way to expunge or seal a federal conviction; the main relief is a presidential pardon, which you apply for with the Office of the Pardon Attorney.
If you are not a U.S. citizen, talk to an immigration lawyer or accredited representative before you rely on a state order.
Why: A state expungement or a dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes.
Nothing extra here for your answers.
This week
Check your state's waiting period for your kind of case, and the date it is counted from.
Waiting periods
New Mexico: Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Misdemeanor aggravated…
Why: The law sets a waiting period for each kind of case, often counted from the end of the case or the end of the sentence.
Check whether your state clears some records automatically.
New Mexico: Yes: Automatic expungement of cannabis records.
Why: Some states clear some records without a petition (Clean Slate and similar laws), usually only some records and after a waiting period; in others a record is cleared only when you ask.
Get free help from legal aid to check whether your record qualifies.
Why: Exclusions and new offenses can matter as much as the waiting period. We explain the rules; we can't check your case.
Nothing extra here for your answers.
If it's not resolved
File the petition or application with your state's official forms, and pay the fee or ask about a fee waiver.
Why: Most remedies start with a request to the court that handled the case, and the court decides each request.
After a record is cleared, keep a copy of the order and check that background check reports were updated.
Why: If a background check company still reports a sealed or expunged record, you can dispute it and send a copy of the court order with your dispute.
Nothing extra here for your answers.
Deadlines
What it's called and what it does
General rule: see state
In New Mexico:
In New Mexico it is called expungement: under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and court records to anyone without a court order. Some misdemeanor and felony convictions may be cleared, and New Mexico also clears some records automatically.
Law: NMSA 1978, § 29-3A-5 · checked Oct 2026 · Official source
Waiting periods
General rule: see state
In New Mexico:
Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Misdemeanor aggravated battery (30-3-5(B)) or fourth-degree felony: 4 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Third-degree felony: 6 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Second-degree felony: 8 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; First-degree felony or Crimes Against Household Members Act offense: 10 years, counted from the last date you completed a sentence for any conviction in any jurisdiction
Law: NMSA 1978, § 29-3A-5 · checked Oct 2026 · Official source
Automatic clearing (Clean Slate)
General rule: see state
In New Mexico:
Yes: Automatic expungement of cannabis records. Started: 2021; amended by 2023 HB 314, which limited automatic expungement to cases with only cannabis…
Law: NMSA 1978, § 29-3A-8 (as amended 2023) · checked Oct 2026 · Official source
Filing fee
General rule: see state
In New Mexico:
Expungement of Records Upon Conviction: District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County. DPS arrest record: $15 per record check; FBI record fee extra.
Law: NMSA 1978, § 29-3A-5 · checked Oct 2026 · Official source
Key facts for New Mexico
Record Clear Map
- What it's called
- Expungement
- Convictions
- Some misdemeanor and felony convictions may be cleared.
- Automatic clearing (Clean Slate)
- Yes
- Automatic clearing started
- 2021; amended by 2023 HB 314, which limited…
- Example waiting period
- Misdemeanor aggravated battery (30-3-5(B)) or fourth-degree felony: 4 years, counted from the last date you completed a sentence for any conviction in any jurisdiction
- Filing fee
- District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County. DPS arrest record: $15 per record check; FBI record fee extra.
Record Clear Map: New Mexico · checked Oct 2026
Documents to gather
- A copy of your own state record (and your FBI record if you were arrested in more than one state)
- Court papers showing how each case ended, with the case numbers
- Proof that you finished your sentence, probation or payments
- Your state's official forms
Where to go
- StateRecord Clear Map: your state's rules, forms and free help
To see which remedy fits each case and how to file
Record Clear Map: New Mexico
- StateYour state's criminal records office
To get a copy of your own state record
Check your state.
- FederalLegal aid (Legal Services Corporation finder)
You want free legal help to check whether your record qualifies
Costs
Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.
Talk to a lawyer if
- You are not a U.S. citizen
- You have an open case, or are still on probation or parole
- The case was in federal court or in more than one state
- The offense may be on your state's excluded list, such as some violent or sex offenses
- Your request was denied
Free help
Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.
Guides for your state
Guides for every state
Questions
What it's called and what it does in New Mexico: what is the rule?
In New Mexico it is called expungement: under New Mexico's Criminal Record Expungement Act, a court orders police agencies and courts to stop releasing your arrest and court records to anyone without a court order. Some misdemeanor and felony convictions may be cleared, and New Mexico also clears some records automatically. (NMSA 1978, § 29-3A-5)
Waiting periods in New Mexico: what is the rule?
Municipal ordinance violation or misdemeanor: 2 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Misdemeanor aggravated battery (30-3-5(B)) or fourth-degree felony: 4 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Third-degree felony: 6 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; Second-degree felony: 8 years, counted from the last date you completed a sentence for any conviction in any jurisdiction; First-degree felony or Crimes Against Household Members Act offense: 10 years, counted from the last date you completed a sentence for any conviction in any jurisdiction (NMSA 1978, § 29-3A-5)
Automatic clearing in New Mexico: what is the rule?
Yes: Automatic expungement of cannabis records. Started: 2021; amended by 2023 HB 314, which limited automatic expungement to cases with only cannabis… (NMSA 1978, § 29-3A-8 (as amended 2023))
Filing fee in New Mexico: what is the rule?
Expungement of Records Upon Conviction: District court civil filing fee; e.g. $132 in the Second Judicial District Court, Bernalillo County. DPS arrest record: $15 per record check; FBI record fee extra. (NMSA 1978, § 29-3A-5)
When should I talk to a lawyer?
You are not a U.S. citizen; You have an open case, or are still on probation or parole; The case was in federal court or in more than one state; The offense may be on your state's excluded list, such as some violent or sex offenses; Your request was denied.
How much does it cost?
Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.
Plans by state
Open the plan with one state's rules filled in:
Sources
- 15 U.S.C. 1681c (what background check reports can include)
- 15 U.S.C. 1681i (disputes)
- 8 U.S.C. 1101(a)(48)(A); Matter of Roldan-Santoyo (immigration effect of state relief)
- Legal Services Corporation: find legal aid
- DOJ Office of the Pardon Attorney: frequently asked questions
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.