Expungement Petition - Preparation Worksheet - New Mexico

Expungement Petition Preparation Guide — New Mexico

Do not file this guide. Rule 1-077.1(M) NMRA makes Forms 4-951 through 4-960.3 mandatory, as applicable. Transfer the verified information to the current official form available from the New Mexico Courts expungement page.

1. Select the Correct Route and Form

2. Petitioner and Case Information

• Full legal name: [________________________________]
• Other names or aliases: [________________________________]
• Date of birth: [__/__/____]
• Current mailing address: [________________________________]
• Telephone and email: [________________________________]
• Judicial district and county: [________________________________]
• District-court case number, if any: [________________________________]
• Metropolitan, magistrate, or municipal case number, if any: [________________________________]
• Law-enforcement agency case and arrest numbers: [________________________________]
• Arresting agency: [________________________________]
• Date of arrest or offense: [__/__/____]
• Each charge and statute or ordinance number: [________________________________]
• Final disposition and date for each charge: [________________________________]
• Related or joined cases: [________________________________]
• Earlier or pending expungement cases and results: [________________________________]

3. Eligibility Worksheet

A. Identity-Theft Records — § 29-3A-3

• ☐ Petitioner was wrongfully identified in arrest records or public records because of identity theft.
• ☐ Records supporting the mistaken identity are attached.
• ☐ Form 4-951 is being used.

B. Release Without Conviction — § 29-3A-4

• ☐ At least one year has elapsed since the final disposition.
• ☐ The final result was an acquittal or not-guilty finding, nolle prosequi, no bill or other dismissal, preprosecution diversion referral, conditional discharge under NMSA 1978, § 31-20-13, or another discharge without conviction.
• ☐ No other charge or proceeding is pending against Petitioner.
• ☐ Form 4-952 is being used and the petition will be filed under seal under Rule 1-077.1(C) and Rule 1-079 NMRA.
• ☐ A current New Mexico Department of Public Safety record of arrest and prosecution (DPS RAP sheet), dated no more than 90 days before filing, is attached.

C. Conviction — § 29-3A-5

• ☐ Petitioner completed the sentence for every conviction to be expunged.
• ☐ Petitioner paid all fines and fees owed to the state for those convictions.
• ☐ Petitioner fulfilled all court-ordered victim restitution.
• ☐ No other charge or proceeding is pending against Petitioner.
• ☐ Petitioner has had no other criminal conviction during the applicable period measured from the last date Petitioner completed a sentence for a conviction in any jurisdiction.

• ☐ The conviction is not categorically excluded by § 29-3A-5(G): an offense against a child; an offense causing great bodily harm or death; a sex offense defined by § 29-11A-3; embezzlement under § 30-16-8; or an offense involving driving under the influence of intoxicating liquor or drugs.
• ☐ Form 4-953 is being used.
• ☐ DPS and FBI RAP sheets, each dated no more than 90 days before filing, are attached.

D. Justice Factors for a Conviction Petition — § 29-3A-5(E)

Prepare specific facts addressing:

1. The nature and gravity of the offense or conduct.
2. Petitioner's age, criminal history, and employment history.
3. The time since the offense and completion of the related sentence.
4. The specific adverse consequences if relief is denied.
5. Any reasons for denial submitted by the district attorney.

Supporting facts and exhibits: [________________________________]

4. Documents to Gather

• ☐ Current RAP sheet or sheets required by the selected official form.
• ☐ Docket, arrest, complaint, indictment, information, or other charging records.
• ☐ Judgment, sentence, dismissal, discharge, or other disposition records.
• ☐ Proof of sentence, probation, and parole completion.
• ☐ Proof of payment of fines and fees.
• ☐ Proof of completed victim restitution, if applicable.
• ☐ Documents supporting the justice factors for a conviction petition.
• ☐ Records identifying each court or agency whose records should be covered by the order.

5. Service and Briefing Sequence

Rule 1-077.1(E) requires service by first-class United States mail and a filed certificate of service:

Do not add victims or every record-holding agency as initial service recipients unless a current rule, court order, or case-specific authority requires it.

After service:

1. Recipients have 60 days to file specific objections on Form 4-957 or a notice of non-objection on Form 4-958. Rule 1-077.1(G).
2. After the response period, file the applicable notice of completion of briefing: Form 4-959 for release without conviction or Form 4-960 for conviction. Rule 1-077.1(H).
3. Attach the applicable affirmation: Form 4-960.2 for release without conviction or Form 4-960.3 for conviction. If the affirmation identifies later arrests, charges, or convictions, responding parties receive 20 days for additional objections. Rule 1-077.1(H).
4. A conviction petition requires a hearing. An unopposed identity-theft or non-conviction petition may be decided without a hearing. Rule 1-077.1(J).
5. If a hearing occurs, the court must issue its order within 60 days. An expungement order must allow at least 60 days for completion. Rule 1-077.1(K).

6. Signature and Order

Use the penalty-of-perjury affirmation printed in the mandatory form. Do not substitute a notarized verification unless the court specifically requires one.

The proposed order should identify the covered cases, charges, and custodians. Under Rule 1-077.1(L), a granted order is delivered to relevant law-enforcement agencies and courts and prohibits release except as authorized by the Act or court order.

7. Effect and Limits

Under NMSA 1978, § 29-3A-7, the proceedings are treated as though they never occurred, and officials and the person receiving the order may answer that no record exists. Arrest or conviction records must still be disclosed in connection with an application for or query about employment or association with a financial institution regulated by FINRA or the SEC.

The court-issued guidance states that criminal-justice agencies retain access for criminal-justice purposes and records may remain usable in future criminal proceedings. A New Mexico district court cannot expunge another state's records or federal records.

For § 29-3A-8 records, current law distinguishes records involving only cannabis or cannabis paraphernalia—which are automatically expunged and destroyed—from mixed records. Mixed records use the confidential AOC request procedure for eligible cannabis charges.

Sources and References

• 2019 Criminal Record Expungement Act, Laws 2019, ch. 203 (HB 370)
• 2021 amendment, Laws 2021 (1st S.S.), ch. 3 (SB 2)
• 2023 amendment to § 29-3A-8, Laws 2023, ch. 74 (HB 314)
• Rule 1-077.1 NMRA and court-issued expungement packet
• Official Form 4-951 — identity theft
• Official Form 4-952 — release without conviction
• Official Form 4-953 — conviction