The Criminal Record Expungement Act of 2019 became law effective January 1, 2020, and gives those who have been arrested or convicted the opportunity to have their record sealed or expunged. This provides the residents of our community with a number of better career, educational, and housing opportunities. The Bernalillo County District Attorney’s Office is committed to helping people get the opportunity for a second chance in life.
We review each petition and determine eligibility. In Conviction cases, we may provide the court any reasons why justice would not be served by expungement. Our office routinely reaches out to victims of certain crimes to determine their position on the petition.
Categories of Expungement
- Automatically granted if the petitioner establishes that they are a victim of identity (ID) theft
Release without Conviction
- 1 year from disposition/dismissal of case
- No pending cases
- No pending cases
- Restitution, fines, and fees paid
- No other convictions from disposition date of case(s) being expunged for a period of:
- 2 years if misdemeanor
- 4 years if 4th degree felony
- 6 years if 3rd degree felony
- 8 years if 2nd degree felony
- 10 years if 1st degree or involves crime against household members (even misdemeanors)
- This is discretionary; the court has to find that justice would be served by expungement
How to Expunge my Record
- Review District Court Rule 1.077-1
- Gather the appropriate forms and records
- If required, obtain your RAP sheets
- FBI Rap Sheet – For a fee, the FBI can provide you with your Identity History Summary—often referred to as a criminal history record or a rap sheet. You’ll need this information for your expungement filing.
- Department of Public Safety Expungement Rule – The DPS rule that instructs you how to obtain your criminal history record or rap sheet in New Mexico.
- File your petition with the district court in person where your case was processed
- Serve a copy of your petition on the Department of Public Safety and the District Attorney
NM Court Expungement Videos
New Mexico Courts have produced a number of videos related to Expungement. These videos are educational and will help you learn more about what Expungement is and how to obtain it. Videos are provided in English and Spanish subtitles.