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

By Johnn Osborn | Land of Enchantment Law

If you have a criminal conviction in New Mexico, it may be possible to have your record expunged. New Mexico’s Criminal Record Expungement Act (NMSA § 29-3A-5) allows people with eligible convictions to petition the court to seal their criminal records from public access. Once granted, the conviction no longer appears on most background checks, and you can legally answer “no” when asked whether you have been convicted of a crime in most circumstances.

Conviction expungement in New Mexico works differently from non-conviction expungement. If your charges were dismissed, you were acquitted, or your case ended without a conviction, you should read our non-conviction expungement guide instead. That process is faster, simpler, and the court must grant it if you meet the requirements.

Conviction expungement is discretionary. The court does not have to grant your petition. A judge must find that “justice will be served” by expunging your record, after weighing five specific factors. The process requires longer waiting periods, a mandatory hearing, and service on three government agencies. This guide walks you through every step, from checking your eligibility to confirming your records are cleared. Whether you are in Albuquerque, Santa Fe, Las Cruces, or anywhere else in New Mexico, the process is the same statewide.

Who Is Eligible for Conviction Expungement in New Mexico?

You may petition for conviction expungement if you meet all of the following requirements:

• You have completed your entire sentence, including any prison time, probation, parole, and supervised release
• You have paid all fines and fees owed to the state
• You have fulfilled all victim restitution obligations
• You have no pending criminal charges in any court, in any state, or in any tribal or federal jurisdiction
• You have remained conviction-free for the required waiting period (see below)
• Your conviction is not for one of the five categories of offenses that are permanently excluded from expungement

The waiting period clock starts from the last date you completed any sentence in any jurisdiction, not just the sentence for the conviction you want expunged. If you completed probation for one case two years ago but finished parole for a different case six months ago, the clock runs from six months ago.

New Mexico Conviction Expungement Waiting Periods by Offense

The required conviction-free waiting period depends on the severity of the offense. These periods are set by statute and cannot be shortened:

Offense Category	Waiting Period
Municipal ordinance violation	2 years
Misdemeanor (general)	2 years
Aggravated battery misdemeanor (§ 30-3-5(B))	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 (§§ 30-3-10 to 30-3-18)	10 years

Compare this with non-conviction expungement, which requires only a one-year waiting period regardless of the original charge. The longer conviction waiting periods reflect the legislature’s intent that conviction expungement be reserved for people who have demonstrated sustained rehabilitation over time.

What Criminal Convictions Cannot Be Expunged in New Mexico?

Five categories of convictions can never be expunged, no matter how long ago they occurred:

1. Offenses committed against a child – this is broadly worded and not limited to specific statutes
2. Offenses that caused great bodily harm or death – courts may look beyond the specific conviction to the broader conduct underlying the case, including co-conspirator actions
3. Sex offenses as defined under the Sex Offender Registration and Notification Act (§ 29-11A-3)
4. Embezzlement
5. DWI/DUI offenses involving driving while intoxicated by alcohol or drugs

If you have a DWI on your record, the conviction itself cannot be expunged, but a deferred sentence under the Motor Vehicle Code may qualify under the non-conviction track instead. We cover this in detail in our DWI expungement guide.

Deferred Sentences and Expungement in New Mexico: Conviction or Non-Conviction?

This is one of the most common points of confusion in New Mexico expungement law, and getting it wrong can result in a dismissed petition and months of wasted effort.

General rule: a deferred sentence is treated as a conviction. A deferred sentence under § 31-20-3 happens after you plead guilty or are found guilty. Even when you successfully complete the conditions and the charges are dismissed, that guilty finding stays on your record. New Mexico courts have confirmed that a deferred sentence still counts as a conviction for expungement purposes. If you received a deferred sentence under the criminal code, you must file under the conviction track with the full waiting periods and discretionary standard.

Exception: Motor Vehicle Code deferred sentences. The 2021 amendment to § 29-3A-4 added “deferred sentences under the Motor Vehicle Code” to the categories eligible for non-conviction expungement. This creates a potentially powerful pathway for certain DWI cases, with a shorter one-year waiting period and mandatory expungement. However, some district courts have rejected this interpretation, and the issue is currently before the New Mexico Court of Appeals.

Conditional discharge is different. A conditional discharge under § 31-20-13 involves no adjudication of guilt and qualifies as a non-conviction under § 29-3A-4. If you received a conditional discharge, you should use the non-conviction process instead.

How Is Conviction Expungement Different from Non-Conviction Expungement in New Mexico?

The single most important thing to understand about conviction expungement is that the judge has discretion to deny your petition. For non-conviction expungement, the statute says the court “shall” grant the petition if you meet the basic requirements. For conviction expungement, the court must also find that “justice will be served” by expunging your record. This is a balancing test, and it is where conviction petitions succeed or fail.

The court must weigh five factors covering the nature of the offense, your history and rehabilitation, the time that has passed, the specific consequences you still face, and any objections from the district attorney. Step 3 below walks you through how to address each one in your petition.

Your petition must include a written narrative explaining why justice will be served by expungement. This is not a box to check. It is the heart of your case. A strong narrative addresses each factor directly and includes specific, concrete examples of how the conviction continues to create barriers in your life. Supporting affidavits from employers, family members, or community members can strengthen your petition.

How to File for Conviction Expungement in New Mexico

Step 1: Obtain Your New Mexico Criminal Records (DPS and FBI)

Conviction expungement requires both your New Mexico DPS arrest record and your FBI Identity History Summary (RAP sheet). Both must be dated no more than ninety (90) days before you file your petition. Request them at the same time so they arrive together.

For your DPS record, complete a notarized Authorization for Release of Information form and submit it with a $15 money order or cashier’s check to the Law Enforcement Records Bureau (LERB), PO Box 1628, Santa Fe, NM 87504-1628. The form is available through the DPS background check portal. DPS typically processes requests within two to three weeks.

For your FBI record, submit fingerprints through the FBI’s electronic departmental order site at a cost of $18. FBI processing takes three to four weeks. Do not request these records too early. If processing delays push them past 90 days, you will need to request new ones.

Pull your court records showing the conviction, sentence, and completion date. You can search for your case through the New Mexico Courts case lookup system. In Albuquerque, your records will be at the Second Judicial District Court in Bernalillo County. In Las Cruces, the Third Judicial District Court in Doña Ana County. You will also need documentation showing you have completed your sentence, paid all fines and fees, and satisfied any victim restitution.

Step 2: Complete the New Mexico Conviction 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 conviction expungement, you will need:

• Form 4-953: Petition to Expunge Arrest Records and Public Records (Upon Conviction). This is the main petition. It requires your personal information, case details, the statute you were convicted under, confirmation that you meet the waiting period, a narrative explaining why justice will be served, and certification that your DPS and FBI records are attached.
• Form 4-956: Certificate of Service, which you will complete after serving copies on the required agencies.
• Form 4-960.1: Notice of Hearing. Fill in the caption information but leave the hearing date blank. The court will assign it.
• Form 4-960.3: Affirmation in Support of Expungement (Upon Conviction). You will file this after the objection period closes.
• Form 4-960: Notice of Completion of Briefing. Filed along with the Affirmation after the objection period.
• Form 4-222: Affidavit for Free Process, if you cannot afford the $132 filing fee.

Important: The New Mexico Supreme Court overhauled all expungement forms effective December 31, 2025. If you are filing after that date, make sure you are using the updated versions from the NM Courts website. Older versions of the forms will not be accepted.

There can only be one court case number per petition. If you have multiple convictions across different cases, you must file a separate petition for each one.

Step 3: Write Your “Justice Will Be Served” Narrative

This step does not exist in the non-conviction process, and it is where conviction petitions are won or lost. Form 4-953 includes a narrative section asking you to explain why the court should grant your petition. Address each of the five statutory factors directly:

• Acknowledge the offense honestly and explain what has changed since then
• Describe your employment history and any education or training you have completed
• Explain how much time has passed since the conviction and what you have done with that time
• Identify the specific, concrete ways the conviction continues to harm you, such as job denials, housing rejections, or licensing barriers
• Include supporting affidavits from employers, supervisors, family members, or community members who can attest to your rehabilitation

A generic statement like “I have changed and deserve a second chance” is not enough. Courts want to see specifics. Name the jobs you were denied. Describe the apartment application that was rejected. Identify the professional license you cannot obtain. The more concrete your narrative, the stronger your petition.

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

File your completed petition, all attached records, and the Notice of Hearing with the district court clerk in the judicial district where your conviction occurred. You must file in district court even if your original case was in magistrate or metropolitan court. For convictions in Albuquerque, file at the Second Judicial District Court in Bernalillo County. For Las Cruces cases, file at the Third Judicial District Court in Doña Ana County. For Santa Fe cases, file at the First Judicial District Court.

The filing fee is $132.00, payable by cash, cashier’s check, or money order. Some courts also accept credit and debit cards. If you were granted free process through Form 4-222, no fee is required.

Step 5: Serve the District Attorney, DPS, and the Arresting Agency

After filing, you must send a copy of the court-stamped petition by first-class U.S. mail to three parties:

1. 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.
2. The New Mexico Department of Public Safety, LERB, PO Box 1628, Santa Fe, NM 87504-1628
3. The law enforcement agency that arrested you

Note that non-conviction petitions only require service on the DA and DPS. Conviction petitions add the arresting agency as a third required party.

These parties have 60 days from the date of service to file objections with the court. This is longer than the 30-day objection period for non-conviction petitions. After 63 days (accounting for mailing time), file your Certificate of Service (Form 4-956), Notice of Completion of Briefing (Form 4-960), and Affirmation in Support of Expungement (Form 4-960.3) with the court.

If your Affirmation discloses any new arrests, charges, or convictions since you filed the petition, an additional 20-day objection window opens for the responding parties.

Step 6: Attend Your Conviction Expungement Hearing in New Mexico

A hearing is mandatory for every conviction expungement petition. This is another difference from non-conviction cases, where the court can decide without a hearing if no objections are filed. The court will schedule the hearing after the objection period closes and you have filed the Notice of Completion of Briefing.

At the hearing:

• You bear the burden of proving that justice will be served by expungement
• The judge will review your petition, narrative, and supporting documents
• You may be asked questions about the conviction, your rehabilitation, and the specific barriers you face
• If the DA filed an objection, the DA may appear and present arguments against expungement
• You or any other party may participate by phone or video with prior notice to the court

Processing times vary by judicial district. Bernalillo County (Albuquerque) and Doña Ana County (Las Cruces) tend to have heavier dockets, so expect longer wait times for a hearing date after filing your Notice of Completion.

Step 7: The Court’s Expungement Order

The court has 60 days after the hearing to issue a written order granting or denying your petition. If granted, the order will direct all agencies holding your records to complete the expungement within at least 60 days. If denied, you may appeal to the New Mexico Court of Appeals under a new rule created specifically for expungement appeals.

Step 8: Confirm Your Criminal Records Are Cleared

Do not assume the agencies will act on their own. 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 filed for expungement.

Does Expungement in New Mexico Restore Gun Rights or Erase Your Record?

Expungement in New Mexico removes your criminal record from public access for purposes like employment, housing, licensing, and education. It does not erase the record entirely, and it does not restore firearm rights under either state or federal law. DPS has stated publicly that expungement does not remove a criminal history for criminal justice purposes, including firearm purchases. A governor’s pardon remains the most reliable pathway to restoring gun rights after a felony conviction.

How Long Does Conviction Expungement Take in New Mexico?

Conviction expungement takes longer than non-conviction expungement at every stage. Here is a realistic timeline from start to finish:

• Gathering DPS and FBI records: 2 to 6 weeks
• Completing the petition and narrative: 1 to 2 weeks
• Filing and serving agencies: 1 week
• Objection period: 60 days after service (plus 3 days for mailing)
• Additional objection period if Affirmation discloses new information: up to 20 more days
• Court scheduling and mandatory hearing: 1 to 3 months after Notice of Completion is filed
• Court’s written order: up to 60 days after the hearing
• Agencies complete the expungement: at least 60 days after the order

From your first records request to a fully completed expungement, expect the process to take roughly seven to ten months. Non-conviction expungement typically takes four to six months by comparison. The longer timeline for conviction cases is driven primarily by the 60-day objection period and the mandatory hearing requirement.

What Happens After Your Conviction Is Expunged in New Mexico?

Once your conviction is expunged:

• Your records are removed from public court websites, law enforcement databases, and corrections databases
• You may legally answer “no” when asked whether you have been convicted of a crime, in most circumstances
• Most employers, landlords, and licensing boards will not see the expunged conviction on a background check
• State law prohibits public employers and licensing boards from considering expunged records in hiring and licensing decisions

Exceptions: Law enforcement, courts, and criminal justice agencies retain full access to expunged records for use in future criminal proceedings, firearms background checks, and NCIC inquiries. Records must also be disclosed if you are applying for employment with a financial institution regulated by FINRA or the SEC. Expungement does not remove information that is already in the public domain, such as news articles, social media posts, or third-party websites.

Should You Hire a New Mexico Conviction Expungement Lawyer?

Conviction expungement in New Mexico is more complex than non-conviction expungement. The discretionary standard, mandatory hearing, narrative requirement, and longer waiting periods mean there is more that can go wrong. An experienced Albuquerque expungement attorney can make a real difference in the following situations:

• You are unsure whether your conviction qualifies for expungement, particularly if it involved a deferred sentence, DWI, or conduct that caused bodily harm
• You need help writing a persuasive “justice will be served” narrative and gathering supporting documentation
• The district attorney files an objection and you need to respond at the hearing
• You have multiple convictions across different judicial districts
• You want to get it right the first time, since a denied petition means starting over and potentially waiting longer to refile

An expungement lawyer who handles these cases in Albuquerque, Las Cruces, and Santa Fe will know the local courts, the judges, and the district attorney’s typical positions on expungement. Many attorneys, including Land of Enchantment Law, offer flat-fee expungement services and affordable monthly payment plans.

Schedule a Free Expungement Consultation in New Mexico

If you have a criminal conviction in New Mexico and want to explore whether expungement is an option, 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 how conviction expungement works from both sides of the courtroom.

Land of Enchantment Law | 505.585.1235 |Law Office of Johnn Osborn P.C.

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.