A conviction for Driving While Intoxicated (DWI) in New Mexico can have far-reaching consequences, impacting your job, your housing, and your personal reputation. For those seeking a fresh start after a DWI, it is essential to understand how the expungement process works for this type of offense.
What Is Expungement?
Expungement is a legal process that allows individuals to remove certain arrests, charges, or convictions from their public criminal record. Once expunged, the record is sealed from public view, and you are generally permitted to answer “no” when asked about if you have been charged or convicted of the expunged offense on job or housing applications. However, some government agencies and law enforcement may still access sealed records under specific circumstances. For more information, please see our article on the specifics of New Mexico Expungements.
Eligibility for DWI Expungement in New Mexico
The State of New Mexico’s eligibility requirements for DWI offenses differ depending on whether or not you were convicted of DWI. In short, those who have been convicted of DWI are not eligible for expungement per the current law, while those who were not convicted of DWI may have their records expunged from public databases.
DWI Conviction Expungement.
If you were convicted of DWI, unfortunately, you are not eligible for an expungement at this time. According to Section 29-3A-5(g) of the Criminal Records Expungement Act, an expungement is not permitted for those who have been convicted of “an offense involving driving while under the influence of intoxicating liquor or drugs.” There are no current efforts to change this law. Stated differently, even if you received a deferred sentence for a DWI 1st, and completed the First Offender’s Program, including successfully completing probation and paying all fines and fees, it is nonetheless considered a conviction for expungement purposes, and thus, is not eligible for expungement under current New Mexico law. However, if you were merely charged with a DWI and NOT convicted, you may be eligible.
Non-Conviction DWI Expungement.
However, if you were not convicted of the DWI, New Mexico law provides for expungement of certain criminal charges, including DWIs. As our blog on Expungements has outlined, only cases that resulted in dismissal, acquittal, or where charges were not filed may be eligible for expungement.
For eligible cases, you must wait a specific period before filing for expungement from the charging date and from any other criminal charges. For example, if your case was dismissed, you may need to wait one year from the date of dismissal before applying and not have been charged with another offense within a certain amount of time.
How Long Does a DWI Stay on Your Record?
In New Mexico, a DWI conviction remains on your criminal record permanently. This means employers, landlords, and licensing agencies can access your DWI history indefinitely if you are convicted. While administrative penalties like license suspension may expire after a set period, the criminal record itself does not automatically clear over time. The conviction also appears on your driving record, affecting insurance rates and driving privileges for a certain amount of time.
Key Takeaways.
- DWI convictions remain on your record permanently.
- Non Convictions of DWI or Charges for DWI are generally available
- The process requires a formal petition and may involve a court hearing.
- Expungement can significantly improve your future opportunities.
If you want to know if you may be eligible for DWI expungement in New Mexico, review your case details and consider pursuing an expungement. The path to a clean slate is challenging, but for many, it is well worth the effort.
Contact Us.
If you’d like to discuss expungement for a non-conviction DWI, call Land of Enchantment Law today at 505.585.1235, contact us here, or send an email to expungement@landofenchantment.law.