New Mexico Expungement Lawyer

For non-conviction cases, you have to wait one year from the final disposition. For conviction cases, the waiting period is set by statute and depends on the offense.

The clock starts on the date you completed your last sentence in any jurisdiction, not just the case you want expunged. If you finished probation on one case three years ago but completed parole on another six months ago, the clock runs from six months ago.

• Municipal ordinance violation: 2 years
• Misdemeanor (general) 2 years
• Aggravated battery misdemeanor 4 years
• Fourth degree felony 4 years
• Third degree felony 6 years
• Second degree felony 8 years
• First degree felony 10 years
• Crimes Against Household Members Act offense 10 years

Non-conviction expungement typically takes four to six months from start to finish. The biggest variables are how quickly DPS and the FBI return your records (two to six weeks) and the 30-day objection period that runs after the District Attorney, DPS, and the arresting agency are served.

Conviction expungement takes longer, typically seven to ten months. The objection period is 60 days instead of 30, the hearing is mandatory, and the court has up to 60 days after the hearing to issue an order.

Cases filed in Bernalillo County (Albuquerque) and Doña Ana County (Las Cruces) tend to take slightly longer because those dockets carry the heaviest expungement caseloads in the state. Petitions across multiple judicial districts can take longer still.

The court filing fee is $132.00 for the district court petition. That fee is set by the court and applies to every expungement, whether you file with a lawyer or on your own. If you cannot afford it, Form 4-222 lets you request a waiver.

Land of Enchantment Law offers flat-fee pricing for most expungement matters. You know what you will pay before we start, and the fee covers preparation of the petition, attached records, service on the required agencies, and representation at any hearing. Payment plans are available.

Cost should not keep you from clearing your record. Call us for a free consultation and we will quote your specific case.

Felony expungement falls under the conviction track at § 29-3A-5. The waiting period depends on the felony degree: four years for a fourth degree felony, six for a third, eight for a second, and ten for a first degree felony. The clock runs from the date you completed your last sentence in any jurisdiction.

Felony expungement is discretionary. The court has to find that justice will be served by sealing your record, weighing five factors that cover the offense itself, your rehabilitation, the time elapsed, the specific consequences you still face, and any objections from the District Attorney. A hearing is mandatory.

Some felonies cannot be expunged at any waiting period: offenses against a child, offenses that caused great bodily harm or death, sex offenses under SORNA, embezzlement, and DWI offenses involving alcohol or drugs. See our conviction expungement guide for the full procedure, including the “justice will be served” narrative that decides most petitions.

Five categories of convictions are permanently excluded from expungement under § 29-3A-5(G), regardless of how much time has passed: offenses against a child, offenses that caused great bodily harm or death, sex offenses under the Sex Offender Registration and Notification Act, embezzlement, and DWI/DUI offenses involving alcohol or drugs. Non-conviction outcomes (dismissals, acquittals) for these same charges may still be eligible under the § 29-3A-4 track.

A deferred sentence under the criminal code (§ 31-20-3) is treated as a conviction for expungement purposes, even when the case is later dismissed. This trips up many New Mexicans who assume successful completion of a First Offender Program clears the record automatically. It does not.

There is one carve-out worth knowing about. The 2021 amendment to § 29-3A-4 added Motor Vehicle Code deferred sentences to the non-conviction track, which may apply to certain DWI cases. The interpretation is unsettled across districts and currently before the New Mexico Court of Appeals. See our DWI Expungement guide for what records can and cannot be sealed in DWI matters.