New Mexico's New Expungement Statute
New Mexico finally passed an expungement statute which takes effect in January 2020. Most people who have had a brush with the law, whether a felony or misdemeanor conviction, and certainly those who were arrested but never convicted, can file a petition to seal their record from the general public.
Who is EligibleNot everyone is eligible but most are. If you were convicted of a sex crime or DUI, you cannot apply to expunge your record. Also keep in mind that if your case garnered media coverage, the media accounts of your case are not sealed and could in theory be found by others researching on the internet.
Starting on 01/01/2020If your case arose from an alleged incident in Los Alamos or White Rock, your attorney will file your Petition for Expungement in the Los Alamos District Court in the Justice Center. The First Judicial District Attorney will represent the State of New Mexico and will probably oppose expungement at least in every case resulting in a conviction. The District Judge will decide if expungement is in the interests of justice.