Guide
New Mexico Expungement Research Resources
New Mexico courts expunge arrest and conviction records under the Criminal Record Expungement Act, NMSA 29-3A, in effect since January 1, 2020. The official New Mexico sources are listed below.
- New Mexico Courts, ExpungementCourt forms under the Criminal Record Expungement Act
- NM Department of Public Safety, ExpungementsRecords Bureau page on the act and its rule
- Criminal Record Expungement Act, NMSA 29-3A-1 to 29-3A-7Text of the act posted by the New Mexico courts
This directory is for informational and research use only. Expungement eligibility, waiting periods, filing fees, notice rules, and the effect on background checks can differ significantly depending on the state, offense level, case outcome, and later law changes.
Guide
Sealing a divorce or civil file in New Mexico
For district court civil cases, divorce included, New Mexico's rule for public access to court records is Rule 1-079 NMRA, re-approved October 31, 2025 with amendments effective December 31, 2025. Court records are subject to public access unless sealed by order of the court or otherwise protected under the rule, and the proceedings sealed automatically under paragraph C, which include adoption, mental health, guardianship and expungement matters, do not include divorce. The sworn financial forms in a divorce are protected a different way: forms 4A-212 and 4A-214 instruct the party to serve them and not file them, so they do not become court records unless a party later files one, for example as an exhibit.
To seal a filed document, a party moves under Rule 1-079, and the court may seal only on written findings that an overriding interest overcomes the right of public access to the court record, that the overriding interest supports sealing the court record, that a substantial probability exists that the interest will be prejudiced if the record is not sealed, that the sealing is narrowly tailored, and that no less restrictive means exist. The rule is at supremecourt.nmcourts.gov.
Guide
Research Notes
- Start with the court and the originating agency. Expungement or sealing requests are often handled through the court that heard the case, sometimes with supporting records from police, prosecutors, or corrections agencies.
- Terminology differs by state. Some jurisdictions use terms such as sealing, set-aside, vacatur, dismissal relief, or nondisclosure instead of expungement.
- Verify current law. Eligibility rules can change through legislation or court decisions, so always confirm the current process before relying on older instructions or third-party summaries.
- Understand downstream effects. Even after record relief, treatment of court, police, private-background check, and federal records may differ depending on the system involved.
By state