How to Expunge a Non-Conviction Criminal Record in New Mexico: a Step-by-Step Guide

If you were arrested or charged with a crime in New Mexico but never convicted, you may be eligible to clear your record. The process is called expungement, and New Mexico’s Criminal Record Expungement Act (NMSA § 29-3A-4) gives you the right to petition the court to seal your criminal record so it no longer appears on background checks.

An arrest without a conviction can still follow you. It can show up on a background check when you apply for a job, a lease, a professional license, or a loan. Expungement does not erase the record entirely, but it removes it from public access and most background check results. Once granted, you can legally answer “no” when asked whether you have been arrested or charged. For many New Mexicans, expungement is the first step toward a genuine fresh start.

This guide walks you through the process from start to finish. Whether you are in Albuquerque, Santa Fe, Las Cruces, Rio Rancho, or anywhere else in New Mexico, the process is the same statewide. While many people handle non-conviction expungements on their own, the process has specific requirements that must be followed precisely. Missing a step or filing the wrong form can result in your petition being dismissed.

 

Who Is Eligible for Non-Conviction Expungement in New Mexico?

Expungement eligibility for non-conviction records in New Mexico is broader than many people realize. Under NMSA § 29-3A-4, you can petition for expungement if you were released without a conviction for a municipal ordinance violation, misdemeanor, or felony. This includes dismissed charges, acquittals, and several other outcomes:

• The charges were dismissed (dismissed charges are the most common basis for non-conviction expungement)
• You were acquitted or found not guilty
• The prosecution entered a nolle prosequi (chose not to prosecute)
• You were referred to a pre-prosecution diversion program
• You received a conditional discharge without a judgment of guilt
• The case involved penalty assessments under the Criminal Code or Motor Vehicle Code
• You received a deferred sentence under the Motor Vehicle Code

Important: A deferred sentence under the criminal code (NMSA § 31-20-3) is not the same thing as a non-conviction under New Mexico law. Deferred sentences are treated as convictions and must be addressed under the separate conviction expungement process (NMSA § 29-3A-5). If you are unsure which category your case falls into, an experienced New Mexico expungement attorney can review your records and advise you before you file.

You must wait at least one year from the date of the final disposition in your case before filing your petition. You cannot have any pending criminal charges in any court, in any state, or in any tribal or federal jurisdiction at the time you file.

 

DUI Arrest Records and Expungement in New Mexico

Even if your DUI case was dismissed or you were acquitted, certain DUI-related records cannot be expunged. Specifically, DUI citations, related police dispatch records, and breathalyzer records are excluded from expungement under the statute. Other arrest records and court records related to a dismissed DUI may still be eligible. This is one area where working with an expungement lawyer can clarify what can and cannot be removed from your record. We cover this topic in detail in our DWI expungement guide, including which DUI records the court can and cannot seal.

 

How to File for Expungement in New Mexico

 Step 1: Gather Your New Mexico Criminal Records
Before you can file your petition, you need documentation that shows the charges and how your case ended. You will need records from three sources.

Start with your New Mexico Department of Public Safety (DPS) arrest record. You can request this by completing a DPS Authorization for Release of Information form, available through the DPS background check portal. The form must include an original signature, must be notarized, and must be submitted with payment by money order or cashier’s check. DPS will release all adult arrest records tied to your name.

You will also need your FBI RAP sheet. Instructions for requesting it are available through the FBI's CJIS division. Request it at the same time as your DPS records.

Pull your court records showing the final disposition of your case, including the date, case number, charges, and outcome. You can search for your case through the New Mexico Courts case lookup system. You may also need to visit the court where your case was heard to obtain copies. In Albuquerque, that is the Second Judicial District Court in Bernalillo County. In Las Cruces, the Third Judicial District Court in Doña Ana County.

Your DPS arrest records must be dated no more than ninety (90) days before you file your petition. Request your FBI RAP sheet at the same time. Do not request them too early.

 

Step 2: Complete the New Mexico Expungement Forms

New Mexico courts require the use of approved forms, all of which are available on the New Mexico Courts expungement page. For a non-conviction expungement, you will need:

Form 4-952: Petition to Expunge Arrest Records and Public Records (Release Without Conviction). This is the main petition. You will enter information about yourself, the case you want expunged, the charges, the final disposition, and the agencies that hold the records. (Download Form 4-952)
Form 4-960.1: Notice of Hearing. Fill in the caption information (court name, county, your name). Do not fill in the hearing date or time. The court will assign those.
Form 4-222: Affidavit for Free Process. If you cannot afford the filing fee, complete this form to request a fee waiver.

The court also publishes a step-by-step instruction packet for non-conviction filings that walks you through each form field by field.

There can only be one court case number per Petition to Expunge. If you have multiple cases, you want expunged, you must file a separate petition for each one. However, a single petition can include multiple arrests or charges within the same case.

 

Step 3: Attach Your Records to the Expungement Petition

Attach copies of your DPS arrest record, FBI RAP sheet, and any court records. The court does not need every document from the case file, but the records you provide must clearly show the date, case number, charges, and outcome.

Make copies of everything:

• One set of originals for the court
• One copy for the judge
• One copy for yourself
• Additional copies of the signed petition (not the attachments) for each agency you must notify

Also, prepare one self-addressed, stamped envelope. The court will use it to mail you the hearing notice.

 Step 4: File Your Expungement Petition at the New Mexico District Court

Take your completed petition, attached records, the Notice of Hearing, and copies to the district court clerk in the district where your charges originated. You must file in the district court even if your case was originally in a magistrate or metropolitan court. For cases originating in Albuquerque, you will file at the Second Judicial District Court in Bernalillo County. For Las Cruces cases, you will file at the Third Judicial District Court in Doña Ana County.

How much does expungement cost? The court filing fee is $132.00, payable by cash, cashier's check, or money order. Some courts also accept credit and debit cards. Personal checks are not accepted. If you cannot afford the fee and were granted free process through Form 4-222, you do not need to pay. The $132 filing fee is the only court cost. Attorney fees, if you hire one, are separate.

 

Step 5: Notify the District Attorney and Law Enforcement

After filing, you must send a copy of the filed (court-stamped) petition to the following parties by certified mail, return receipt requested:

• The District Attorney in the judicial district where your case originated. For Bernalillo County (Albuquerque), that is the Office of the Bernalillo County District Attorney, 520 Lomas Blvd. NW, Albuquerque, NM 87102.
• The New Mexico Department of Public Safety, LERB, PO Box 1628, Santa Fe, NM 87504-1628
• The law enforcement agency that arrested you (this varies depending on who made the arrest)

These parties have 30 days to file objections with the court. Once you receive all certified mail receipts, complete the Certificate of Service form and file it with the court. This step is critical. The court will not schedule a hearing until the Certificate of Service is on file.

 

Step 6: Attend Your Expungement Hearing

The court will set a hearing date after the objection period closes. For non-conviction cases where no objections are filed, the court may decide the petition without a hearing, based on the paperwork alone. Processing times vary by judicial district. Bernalillo County (Albuquerque) and Doña Ana County (Las Cruces) tend to have heavier dockets, so expect slightly longer wait times for a hearing date. If a hearing is scheduled:

Arrive early. Multiple cases may be scheduled at the same time.
You may be asked questions about the charges and the circumstances of your case.
Any party that filed an objection may appear and present their arguments.
You or any other party may participate by phone or video with prior notice to the court.

 

Step 7: The Court’s Expungement Order

The court must issue a written order within 30 days of the hearing. For non-conviction expungements, if no other charges are pending and you were released without a conviction, the court shall order the records expunged. This is mandatory, not discretionary, which is an advantage over conviction-based expungements, where the court must weigh additional factors.

If granted, the order will specify a timeframe (at least 60 days) for all agencies to complete the expungement. If denied, you may appeal to the Court of Appeals.

 

Step 8: Confirm Your Records Are Cleared

Once the order is granted, do not assume the agencies will act automatically. Follow up with the court, DPS, and the arresting agency to confirm your records have been removed from public access. You can also request that the court expunge the expungement proceedings themselves, so there is no public record that you even filed for expungement.

 

How Long Does Expungement Take in New Mexico?

The timeline for a non-conviction expungement in New Mexico depends on several factors, but here is a realistic estimate from start to finish:

• Gathering records (DPS and FBI): 2 to 6 weeks, depending on processing times
• Filing the petition and sending notice: 1 week
• Objection period: 30 days after agencies receive notice
• Court scheduling and hearing: varies by district, but typically 30 to 60 days after the objection period closes
• Court’s written order: up to 30 days after the hearing
• Agencies complete the expungement at least 60 days after the order is entered 

In total, expect the process to take roughly four to six months, or longer depending on the district, from start to finish, and potentially longer if there are objections or delays in obtaining records. Working with an expungement attorney can help avoid common filing errors that lead to dismissals and restarts.

 

What Happens After Your Record Is Expunged in New Mexico?

Once your non-conviction record is expunged and your record is clean:

• The records are removed from public court websites, law enforcement databases, and corrections databases.
• You may legally answer “no” when asked whether you have been arrested or charged, in most circumstances.
• Most employers and landlords will not see the expunged record on a background check.

Exceptions: Law enforcement, courts, and criminal justice agencies retain access to expunged records for use in future criminal proceedings. Records must also be disclosed if you are applying for employment with a financial institution regulated by FINRA or the SEC.

 It is also important to understand that expungement does not remove information that is already in the public domain, such as news articles, social media posts, or third-party websites. It removes the official government records. Our overview of New Mexico expungement law covers how these limitations work in practice, including the difference between expungement and pardons.

 

Should You Hire a New Mexico Expungement Attorney?

Non-conviction expungements are the most common type of expungement in New Mexico, and many people file them successfully on their own. The forms are publicly available, the process is outlined by the courts, and the legal standard favors the petitioner.

That said, there are situations where working with an attorney makes a real difference:

• You are unsure whether your case qualifies as a non-conviction (particularly deferred sentences, conditional discharges, or cases involving plea agreements in related matters)
• Your case involved a DUI arrest and you want to understand which specific records can be removed
• You have multiple cases across different judicial districts
• The DA or another party files an objection to your petition
• You want to ensure the process is handled correctly the first time, since a dismissed petition can create delays

An Albuquerque expungement lawyer who handles these cases regularly will know the local courts, the filing procedures, and how to respond to objections if they arise. Many attorneys, including Land of Enchantment Law, offer flat-fee expungement services and affordable monthly payment plans, so cost does not have to be a barrier to getting your record cleared.

 

Why Expungement Matters in New Mexico

Even without a conviction, a criminal record in New Mexico can create real obstacles. Employers in Albuquerque, Santa Fe, Las Cruces, and across the state routinely run background checks during the hiring process. Landlords screen rental applicants. Licensing boards review criminal histories before granting professional licenses. A dismissed charge or an arrest that went nowhere can still show up and cost you an opportunity.

Expungement removes these barriers. It allows you to move forward without explaining charges that never resulted in a conviction. For parents involved in custody disputes, expungement can remove a factor that the other party might use against you in court. For professionals seeking licensure, it can mean the difference between approval and denial.

New Mexico’s Criminal Record Expungement Act is one of the most comprehensive in the country. If you are eligible, there is no reason to let an old arrest record continue to affect your life.

Schedule a Free Expungement Consultation

If you have a non-conviction record in New Mexico and want to explore your options for clearing your criminal record, Land of Enchantment Law can help. Johnn Osborn has spent over a decade in New Mexico’s criminal justice system, first as a prosecutor and now as a defense and expungement attorney serving clients in Albuquerque, Las Cruces, Santa Fe, and throughout New Mexico. He understands the expungement process from both sides.

Disclaimer: The information in this article is for general informational purposes only and does not constitute legal advice. You should consult an attorney for advice regarding your individual situation. Contacting Land of Enchantment Law does not create an attorney-client relationship.