New Mexico uses N.M. Stat. Ann. § 29-3A-4 for § 29-3A-4 Expungement of records upon release without conviction. The statute says: “A. One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under…”
New Mexico uses N.M. Stat. Ann. § 29-3A-7 for § 29-3A-7 Effect of an order to expunge. Read it for what a granted order changes. The statute says: “Upon entry an of order to expunge, the proceedings shall be treated as if they never occurred, and officials and the person who received the order to expunge may reply to an inquiry that no record exists with respect to the person; provided that arrest or conviction records…”
What an order changes
Read N.M. Stat. Ann. § 29-3A-8 when the issue is § 29-3A-8 Expungement of arrest and conviction records; procedure. The statute says: “A. If a person was charged with an offense involving cannabis that is no longer a crime on June 29, 2021 or that would have resulted in a lesser offense if the Cannabis Regulation Act had been in effect at the time of the offense, whether or not the person is convicted, all…”
New Mexico uses N.M. Stat. Ann. § 29-3A-3 for § 29-3A-3 Expungement of records upon identity theft. The statute says: “A. A person who is wrongfully identified in arrest records or public records as a result of identity theft may petition the district court for an order to expunge arrest records and public…”
When a different section applies
Read N.M. Stat. Ann. § 29-3A-5 when the issue is § 29-3A-5 Expungement of records upon conviction. The statute says: “A. A person convicted of a violation of a municipal ordinance, misdemeanor or felony, following the completion of the person's sentence and the payment of any fines or fees owed to the state for the conviction, may petition the district court in which the person was convicted…”
N.M. Stat. Ann. § 32A-3B-21 deals with § 32A-3B-21 Expungement of records. The statute says: “A. On motion by or on behalf of an individual who has been the subject of a petition filed under the Children's Code, or on the court's own motion, the court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the…”
The petition and the sections next to it
Where petitions fail
State of New Mexico v. Robert Edmondson, 112 N.M. 654 (1991) is worth reading in full. The opinion puts it this way: “The record reflects that the Texas criminal conviction relied upon by the state in the instant case as a basis for the enhancement of defendant’s New Mexico sentence was dismissed by the Texas court and his arrest record was ordered expunged.”
Barbara Malczewska Toth v. Albuquerque Police Department, 123 N.M. 637 (1997) is worth reading in full. The opinion puts it this way: “The Albuquerque Police Department (Respondent) opposed Petitioner’s request for expungement, arguing that the district court did not possess the power to expunge or seal an arrest record, and assuming the court did possess such power, Petitioner had not shown compelling circumstances to justify…”
State OF New Mexico v. Jennifer Lassiter, 10 N.M. 429 (2016) is worth reading in full. The opinion puts it this way: “Albuquerque Police Dep't, 1997-NMCA-079, ¶ 8, 123 N.M. 637, 944 P.2d 285 (“Courts which recognize an inherent power to expunge arrest records have tempered this power by requiring that it be exercised sparingly and only in extraordinary circumstances.”).”
Read in this order
- Open N.M. Stat. Ann. § 29-3A-4 and read the part on § 29-3A-4 Expungement of records upon release without conviction. Everything else in the filing has to fit that section.
- Ask the clerk which local form that New Mexico county uses, then check the form against N.M. Stat. Ann. § 29-3A-4.
- If the court grants the petition, N.M. Stat. Ann. § 29-3A-7 is what the order actually changes.
- Then read State of New Mexico v. Robert Edmondson, 112 N.M. 654 (1991). That is a New Mexico court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in New Mexico?
On § 29-3A-4 Expungement of records upon release without conviction, the New Mexico text is N.M. Stat. Ann. § 29-3A-4. The statute says: “A. One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under…”
What does a granted New Mexico order change?
Read N.M. Stat. Ann. § 29-3A-7 when the issue is § 29-3A-7 Effect of an order to expunge. Read it for what a granted order changes. The statute says: “Upon entry an of order to expunge, the proceedings shall be treated as if they never occurred, and officials and the person who received the order to expunge may reply to an inquiry that no record exists with respect to the person; provided that arrest or conviction records…”
How have New Mexico courts ruled on expungement?
State of New Mexico v. Robert Edmondson, 112 N.M. 654 (1991) “The record reflects that the Texas criminal conviction relied upon by the state in the instant case as a basis for the enhancement of defendant’s New Mexico sentence was dismissed by the Texas court and his arrest record was ordered expunged.”
County practice in New Mexico can add a local form. It cannot replace N.M. Stat. Ann. § 29-3A-4.