New Mexico’s Expungement Law in Effect

On January 1, 2020, New Mexico’s expungement law went into effect. The “Criminal Record Expungement Act” allows individuals to petition the court to have particular criminal history information expunged under particular scenarios.

The first scenario allows for the expungement of records related to identity theft issues. If an individual is wrongfully identified in arrest or public records as a result of identity theft, they may petition the district court for an expungement of such records.

The second scenario allows for the expungement of records upon release without a conviction. Following one year from the date of final disposition in the case, an individual who is released without a conviction for a municipal ordinance violation, misdemeanor or felony can petition the district court for an expungement of arrest and public records related to the case.

The third scenario allows for the expungement of records upon conviction. Under this provision, an individual convicted of a municipal ordinance violation, misdemeanor or felony may petition the district court for an expungement of arrest and public records related to the case. The individual must have completed their sentence and paid any fines or fees owed to the state for the conviction along with several other conditions under the new law.