New Mexico New Mexico

Below is a general overview of when juvenile records can be sealed in New Mexico. Please note that the Clean Slate Clearinghouse does not provide legal advice. Read the legal policies and statutes for detailed statutory information.   Juvenile Record Clearance Policies Overview  

  • Most juvenile records can be sealed two years after your case, probation, or placement ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
 
  • If you were found not delinquent (the judge decided that you did not commit the offense), the prosecutor should ask the judge to seal the record. The judge is required to grant the request.
  You may not be eligible for sealing if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges.   Find a Lawyer If you think you might be eligible to have your record sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.   Court Forms and Resources If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.

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Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The Clean Slate Clearinghouse does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Records relating to offenses committed by a victim of human trafficking due to duress, coercion, use of force, threat, or fraud can be sealed by the court. N.M. Stat. Ann. § 30-52-1.2. (Cannot link directly to statutes.)

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Records relating to a case dismissed following the successful completion of probation in a first-time controlled substance charge can be be expunged by the court if the petitioner was not over the age of 18 at the time of the offense. N.M. Stat. Ann. § 30-31-28(D). (Cannot link directly to statutes.)

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Records of arrest and conviction containing the name of an identity theft victim as the perpetrator of a crime can be expunged. N.M. Stat. Ann. § 31-26-16. (Cannot link directly to statutes.)

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Records of an arrest for a misdemeanor or petty misdemeanor not involving moral turpitude for which there is no final disposition can be expunged by the Department of Public Safety. N.M. Stat. Ann. § 29-3-8.1. (Cannot link directly to statutes.)

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A record relating to a delinquency petition will be sealed and the court will vacate its findings, orders, and judgments. N.M. Stat. Ann. § 32A-2-26(A). (Cannot link directly to statutes.)

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Records relating to a matter where the court determined the child not delinquent will be sealed by the court upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J).
(Cannot link directly to statutes.)

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A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21. (Cannot link directly to statutes)

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