If you are seeking a New Mexico expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the New Mexico Expungement Kit is ready.
Requirement(s) to qualify for an expungement in New Mexico
Persons who were arrested for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude and a final disposition can't be located.
A first-time drug offender not over the age of 18 at the time of the offense who has charges dismissed and is discharged after fulfilling terms of probation.
A person whose conviction that led to the inclusion of his sample and DNA records in the DNA identification system has been reversed.
A person who has been the subject of a petition under the Children's Code and two years have elapsed since the final release of the individual from legal custody and supervision, or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending.
Additional restrictions on who can qualify for an Expungement
Persons whose final dispositions of arrest can't be located must file a petition to expunge with the department of law enforcement with jurisdiction over the records A person seeking expungement of DNA records must provide the administrative center with the following materials:
a written request for expungement of his sample and DNA records;
a certified copy of a court order that reverses the conviction that led to the inclusion of his sample and DNA records in the DNA identification system.
In the cases of persons seeking expungement of juvenile records or records of discharged offenses committed while not over 18 under, petition must be made to the court having jurisdiction over the records. The order to expunge must be granted if the statutory requirements are met.
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
In the case of expunged DNA records, expungement means the complete destruction of all samples, records, personal identification and information concerning that person.
For arrest records ordered expunged when a final disposition can't be located, expunge means to remove a notation of an arrest placed on a person's state record or federal bureau of investigation record.
In expungement orders of juvenile records, all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists.
In expungement orders of juvenile records, court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the court, the department and any other agency in the case expunged, and if requested in the motion the court shall also order law enforcement files and records expunged.
For records of persons charged with offenses committed while not over the age of 18 and later dismissed, the order to expunge includes all official records all recordation relating to his arrest, indictment or information, trial, finding or plea of guilty, and dismissal and discharge pursuant to this section except nonpublic records filed with the attorney general.
Are you eligible for a New Mexico Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of New Mexico soon.