What is the New Mexico expungement process?
By meeting the criteria and following the court process, many people can have their New Mexico arrest or conviction records sealed from public view – improving their opportunities for employment, housing, and other aspects of life free from the shadow of a past record.
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How do I get an New Mexico expungement?
Am I Eligible?
In 2019, New Mexico passed House Bill 370, which established the Criminal Record Expungement Act, effective January 1, 2020. This was a significant reform, creating a broad framework for expunging criminal records. Prior to this Act, record sealing in New Mexico was limited, applying only to very specific circumstances or juvenile records. In 2021 and 2023, further amendments were made to simplify the expungement process for cannabis-related offenses. These changes reflect New Mexico’s ongoing commitment to providing individuals with the opportunity for a fresh start by clearing eligible criminal records.
The Criminal Record Expungement Act (NMSA 1978, § 29-3A-1 et seq.) is New Mexico’s primary expungement law. Enacted in 2019 and effective in 2020, it authorizes courts to limit public access to criminal records in many cases. The Act outlines eligibility criteria, including mandatory waiting periods after successful completion of a sentence, as well as the payment of fines or restitution. Additionally, New Mexico reviews an individual’s criminal history—if there are any recent criminal charges or pending cases, you may not be eligible for expungement.
Figuring out your eligibility and decipher state statute can be challenging. Book an appointment with one of our client advisors today to help determine if you qualify!
Do I need to go to Court?
Yes, a court appearance is typically required. New Mexico’s expungement law mandates a hearing where a judge reviews whether the criteria are met and if clearing the record serves justice. The petitioner may need to attend and present evidence, especially if there’s an objection, though the hearing could be brief if no objections are raised. Should a court appearance be necessary, our team will provide guidance on how to prepare and support you throughout the process.
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Find out if you are eligible over a free consultation call with a client advisor.
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Record Expunged
Apply for jobs, get housing, and volunteer with confidence. Begin your application process, today.
Record Expunged
Apply for jobs, get housing, and volunteer with confidence. Begin your application process, today.
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