Expungement

Clear Your Criminal Record and Reclaim Your Future

Jonathan M. Peake
Mountains
Schedule a Consultation

28+

years

of Combined Legal Experience

400+

Resolved Cases

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Real Results for Albuquerque Firearms Clients

See how we've helped New Mexico families fight criminal charges and protect their futures.

CASE DISMISSED

Aggravated DWI with crash into police vehicles.

Case dismissed on procedural grounds

March 2026

DWI Defense

Not Guilty

Drive-by shooting allegations.

Acquitted at trial on all counts

March 2026

Violent Crimes Defense

REDUCED

Felony homicide charges

Reduced to evidence tampering only, no jail time

March 2026

Violent Crimes Defense

Legal Representation for Record Clearing in New Mexico

Criminal records often affect employment, housing, and professional licenses. Dismissed cases and arrests without convictions can still appear on background checks, though. New Mexico's expungement laws allow qualifying individuals to permanently remove these barriers.

  • Misdemeanor Convictions

  • Felony Record Removal

  • Dismissed and Acquitted Cases

  • Pre-Adjudication Diversion Programs

  • DWI and Drug Offenses

  • Arrest Records Without Charges

  • Austin

    Misdemeanor convictions, including assault, theft, and drug possession, remain on your criminal history indefinitely. New Mexico law permits expungement after completing your sentence and waiting 2 years, or 4 years if the misdemeanor is for aggravated battery (NMSA 1978, Section 30-3-5). We verify eligibility, prepare the petition, and present your case demonstrating rehabilitation.

  • Austin

    Felony convictions carry longer waiting periods and stricter standards. Crimes against children, sex offenses, and DWI remain permanently on your record and are ineligible for expungement. Qualifying felonies require completion of probation, payment of court costs, and a demonstration that expungement serves the public interest. We analyze your criminal history and build cases satisfying judicial requirements.

  • Austin

    Arrests resulting in dismissals or acquittals still damage employment prospects, even when they are non-convictions. New Mexico law requires a 1-year waiting period after the final disposition of the case before you can apply for expungement. We help you prepare your petition so it can be filed as soon as the waiting period ends to remove records that never resulted in a conviction.

  • Austin

    Conditional discharge programs allow first-time offenders to avoid conviction. Successful completion leads to dismissal, but the arrest remains visible on your record. Following a dismissal via a conditional discharge, New Mexico law requires a 1-year waiting period before a petition for expungement can be filed.

  • Austin

    Certain drug offenses face unique expungement challenges, but remain eligible for record clearing once statutory waiting periods are met. Please note that DWI convictions are not eligible for expungement under New Mexico law. We assess your specific drug-related charges to determine whether your case meets the necessary conditions for a fresh start.

  • Austin

    Arrests that never resulted in charges still appear on background checks. We petition law enforcement agencies and courts to seal arrest records, removing documentation of incidents that never advanced to prosecution.

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Need to Clear Your Criminal Record in New Mexico?

For expungement services, please visit our dedicated expungement website, where we concentrate exclusively on clearing records throughout New Mexico.

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New Mexico's Expungement Timeline

Record clearing follows specific timelines based on conviction type, sentence completion, and offense category. Meeting these requirements determines your eligibility and when courts will grant your petition.

State Expungement Waiting Periods

Offense Type Waiting Period
Misdemeanor Convictions 2 years after sentence completion
Fourth-Degree Felonies or misdemeanor for aggravated battery 4 years after sentence completion
Third-Degree Felonies 6 years after sentence completion
Second-Degree Felonies 8 years after sentence completion
First-Degree Felonies 10 years

Source: NMSA § 29-3A-1 to § 29-3A-7 (New Mexico's Expungement Act)

Waiting periods begin after completing your entire sentence: prison time, probation, parole, and payment of all fees. Courts interpret "sentence completion" strictly. Starting your petition early wastes time and court resources while delaying your actual eligibility date.

Convictions and records related to convictions for the following offenses cannot be expunged:

  • Civil Cases, as the expungement process applies only to criminal records.
  • You were convicted of an offense against a child;
  • You were convicted of an offense that caused great bodily harm or death to another person;
  • You were convicted of a sex offense as defined in Section 29-11A-3 NMSA 1978;
  • You were convicted of embezzlement pursuant to Section 30-16-8 NMSA 1978; or
  • You were convicted of an offense involving driving while under the influence of intoxicating liquor or drugs.

Life After a Criminal Conviction

Criminal records block opportunities in employment, housing, and education. Background checks expose arrests and convictions to employers, landlords, and licensing boards. Expungement removes these barriers permanently.

Employment Barriers and Career Limitations

Background checks eliminate job candidates before interviews. Employers reject applications when criminal records appear. Licensed professions in healthcare, education, and finance bar individuals with criminal convictions. Trade certifications deny applicants with certain offenses.

Housing and Rental Applications

Landlords screen applicants through criminal background databases. Property management companies exclude individuals with convictions. Public housing authorities enforce federal regulations barring certain offenders. Misdemeanor convictions result in rental denials.

Professional Licensing and Credentials

State licensing boards investigate criminal history before granting credentials. Medical licenses, law licenses, teaching certificates, and contractor licenses require the disclosure of convictions. Renewal applications trigger background reviews that expose prior convictions.

Education and Financial Aid Access

College applications require criminal history disclosure. Federal student aid programs restrict eligibility for individuals with drug convictions. Graduate schools conduct background screening that disqualifies applicants with criminal records.

Clear Your Record In New Mexico

Visit our expungement website to schedule your case evaluation.

  • 99%+ success rate
  • Hundreds of records cleared
  • Statewide representation

Your New Start Begins With One Consultation

Our expungement services are handled through our specialized practice at https://www.nmexpungement.com/, where we focus exclusively on clearing criminal records throughout New Mexico. Visit our website to schedule your case evaluation.

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