New Mexico's Expanded Expungement Law - What Changed in 2019
Before 2019, New Mexico offered almost no expungement for conviction records. The 2019 legislation - now codified at NMSA § 29-3A-1 et seq. - created a comprehensive expungement framework that covers a wide range of non-violent offenses after waiting periods tied to offense severity.
New Mexico expungement, when granted, results in:
- Sealing of the court record from public access on nmcourts.gov
- Notification of the New Mexico Department of Public Safety to seal the criminal history record
- The legal right to deny the conviction in most private employment and licensing contexts
What expungement does not do:
- Remove copies already cached by Google, data brokers, or third-party aggregators
- Affect federal records or FBI criminal history
- Apply to DWI, violent offenses, sexual offenses, or crimes against children
| Offense Level | Waiting Period | Authority | Portal Sealed? | DPS Record Updated? |
|---|---|---|---|---|
| Arrest / non-conviction | After case concludes | § 29-3A-3 | Yes | Yes |
| Petty Misdemeanor | 1 year after discharge | § 29-3A-4 | Yes | Yes |
| Misdemeanor | 2 years after discharge | § 29-3A-4 | Yes | Yes |
| 4th Degree Felony | 4 years after discharge | § 29-3A-4 | Yes | Yes |
| 3rd Degree Felony | 6 years after discharge | § 29-3A-4 | Yes | Yes |
| 2nd Degree Felony | 8 years after discharge | § 29-3A-4 | Yes | Yes |
| 1st Degree Felony | 10 years after discharge | § 29-3A-4 | Yes | Yes |
| DWI / sexual / violent offenses | Ineligible | § 29-3A-4(E) | No | No |
Who Is Eligible for Expungement in New Mexico?
Eligibility under the 2019 law requires meeting the waiting period and offense-type requirements, as well as satisfying general conditions at the time of petition. Learn more about Spokeo removal on our blog.
Misdemeanor Expungement
For petty misdemeanor convictions, the waiting period is one year after final discharge from all conditions of the sentence. For misdemeanors, it is two years. General requirements include:
- All fines, fees, restitution, and other conditions of sentence must be satisfied
- No pending criminal charges in any jurisdiction at the time of petition
- No subsequent conviction for a felony or misdemeanor during the waiting period
- The offense must not be among the categorically excluded offenses
Felony Expungement
New Mexico's 2019 law made felony expungement available for the first time on a broad basis. For felony petitions:
- The waiting period ranges from 4 years (4th degree) to 10 years (1st degree) from discharge
- The offense must be non-violent and not among the excluded categories
- No subsequent felony conviction during the waiting period
- The court retains discretion to deny the petition based on public safety considerations
Excluded offenses under § 29-3A-4(E) include: DWI convictions, sexual offenses, homicide offenses, crimes against children, human trafficking, and any offense where the victim was a household member. These categories have no expungement path regardless of time elapsed.
DWI convictions are expressly excluded from New Mexico expungement regardless of how much time has passed since discharge. If your primary conviction is DWI-related, expungement is not available under current New Mexico law. Reputation management and content suppression strategies remain available to reduce online visibility, even for ineligible offenses.
Why New Mexico Records Persist Online After Expungement
New Mexico expungement seals the official record - but the online footprint from the period when the record was publicly accessible does not automatically disappear. Each source must be addressed separately.
NMCourts Case Lookup (nmcourts.gov)
New Mexico's public court case search portal at nmcourts.gov is the primary public-facing court records tool. After an expungement order is granted and processed, the case should be restricted from this portal. Processing delays between the district court and the statewide case management system mean the case may remain visible for several weeks after the order is signed. The Department of Public Safety must also be separately notified.
New Mexico Department of Public Safety Criminal History
The NM DPS maintains the state criminal history database. The court's expungement order must be served on the DPS, which then updates the criminal history record. Employers conducting state criminal history checks through DPS should no longer see the record once the update is processed. However, federal criminal history through the FBI is not affected by New Mexico state expungement orders.
CourtListener and Legal Research Platforms
CourtListener indexes New Mexico Court of Appeals and Supreme Court opinions. If your case generated a published appellate decision, that opinion may appear in CourtListener, Google Scholar, and Justia independently of the trial court expungement. Published opinions are legal precedent documents - removal requests are rarely successful unless accompanied by a court order specifically directing the publisher to remove or restrict the content.
Data Broker Sites
Spokeo, BeenVerified, Intelius, TruthFinder, and similar aggregators indexed your record from the nmcourts.gov portal before the expungement order was entered. After expungement, the portal restricts new access - but these sites retain their historical data. Each must be individually contacted with opt-out requests and documentation of the expungement order.
New Mexico's 2019 law is genuinely one of the more progressive expungement expansions in the country. For residents who are eligible, it creates a real path to sealing the official record. The challenge - as in every state - is that the online ecosystem of data brokers and cached content operates independently of the court system. Completing the expungement is the prerequisite; the removal campaign is the next step.
How to Remove New Mexico Court Records from Google and Data Broker Sites
After obtaining a New Mexico expungement, the following steps address the online dimension of your record. We evaluate each source and pursue removal where it is realistically achievable.
Most people in your position reach out right here.
You've already done the hard part - finding out what's out there. We handle the rest: every platform removal, Google de-indexing, and background check site. No upfront cost. Completely confidential.
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1
Obtain your expungement order and serve the DPS
File your petition in the appropriate New Mexico court. After the court grants the expungement, serve the order on the New Mexico Department of Public Safety and confirm the state criminal history record has been updated. Obtain certified copies of the expungement order for use in data broker removal requests. -
2
Verify nmcourts.gov is updated
Search the NMCourts case lookup portal for your name and case number to confirm the case is restricted from public view. If the case still appears after the expungement order is processed, contact the clerk of the court of conviction to trigger the portal update. -
3
Audit all URLs showing your record in Google
Search Google with your full name, county or city, charge type, and year in various combinations. Document every URL returning a result - nmcourts.gov, CourtListener, Justia, data broker sites, and any local news coverage. This URL inventory is your removal work queue. -
4
Submit data broker opt-out requests with expungement documentation
Submit opt-out requests to all major data brokers displaying your record. Include a copy of the expungement order where accepted - many platforms offer expedited processing for expungement-documented requests. Re-check each site in 90 days and re-submit as needed. -
5
Contact legal databases if your case appears there
If your case appears on CourtListener or Justia, contact these platforms directly with documentation of the expungement order. CourtListener typically de-indexes records from expunged or sealed state court proceedings when provided with documentation. Justia's policy varies by content type. -
6
Use Google's removal tools for de-indexed source pages
After source pages are restricted or removed, submit requests through Google's Personal Information Removal Tool for URLs referencing the expunged record. Use Google's outdated content removal tool (removals.google.com) to de-cache pages that have been restricted at the source but still appear in Google's index.
Post-Expungement Monitoring for New Mexico Records
After a New Mexico expungement and initial removal campaign, records can re-surface on new aggregator sites or through data re-scraping. We monitor your name and address new appearances proactively so the initial removal effort holds over time.
Ask About MonitoringOfficial sources and legal references for New Mexico court record removal:
Explore related guides on court record relief and online removal:
Frequently Asked Questions - New Mexico Court Records
Is Your New Mexico Record Still Showing Online?
Expungement seals the official record - but the online removal process is a separate campaign. We help New Mexico residents address every source showing their record across Google, data brokers, and legal databases.
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