New Mexico

• If you were convicted of any crime other than homicide because you were a victim of human trafficking, the record can be sealed immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

 

• If your case was dismissed following successful completion of probation for a first-time drug offense and you were younger than 18 at the time of the offense, the record can be expunged immediately. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.

 

• If you were arrested for a misdemeanor or petty misdemeanor not involving moral turpitude but were not convicted, the record can be expunged. You have to file a petition with the Department of Public Safety to start the process.

 

• If you were the victim of identity theft and someone used your name when committing a crime, the record can be expunged at any time. You have to file a petition in court to start the process, and if you meet the criteria, the judge has to grant your petition.

Likely not eligible for expungement or sealing.

Likely not eligible for expungement or sealing.

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.