Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New Mexico requires the use of official court forms Form 4-953 NMRA (conviction) or
Form 4-452 NMRA (release without conviction) for expungement petitions. This template
provides the substantive legal content to help you prepare — but you must transfer your
content to the official form before filing. The official forms are available at
nmcourts.gov.
Do not file this document directly with the court.

[COURT CAPTION BEGINS]

STATE OF NEW MEXICO
[__JUDICIAL DISTRICT] COURT
COUNTY OF [COUNTY]

No. [CASE NUMBER]

In the Matter of the Petition of

[PETITIONER FULL LEGAL NAME],
Date of Birth: [MM/DD/YYYY],
New Mexico Driver’s License or State ID No.: [ID NUMBER],

Petitioner.

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS
UNDER THE NEW MEXICO CRIMINAL RECORD EXPUNGEMENT ACT
(NMSA 1978, §§ 29-3A-1 et seq.)

[COURT CAPTION ENDS]

TABLE OF CONTENTS

1. Definitions
2. Jurisdiction & Venue
3. Factual Background
4. Statutory Eligibility & Waiting Period Compliance
5. Sealed Record Access Parameters
6. Notice to Interested Parties
7. Prayer for Relief
8. Verification & Acknowledgment
9. Certificate of Service
10. Proposed Order (attached)

1. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

a. “Act” means the New Mexico Criminal Record Expungement Act, NMSA 1978, §§ 29-3A-1 et seq.
b. “Agencies” means every court, law-enforcement agency, detention facility, corrections department, prosecutorial office, and other governmental entity in possession of records subject to expungement herein.
c. “Completion of Sentence” includes satisfaction of all incarceration, probation, parole, fines, fees, restitution, and other court-ordered obligations pursuant to the underlying Case.
d. “Eligible Conviction” means a conviction classified under the Act as subject to expungement after the applicable Waiting Period.
e. “Petitioner” means the individual identified in the caption above.
f. “Waiting Period” means the statutorily mandated time that must elapse after the final disposition or Completion of Sentence—whichever is later—before this Petition may be filed.

2. JURISDICTION & VENUE

2.1 This Court has jurisdiction over this matter pursuant to the Act.

2.2 Venue is proper in this Court under Rule 1-104 NMRA because the records sought to be expunged are maintained within this judicial district.

3. FACTUAL BACKGROUND

3.1 On or about [ARREST DATE], Petitioner was arrested in [ARRESTING COUNTY], New Mexico, under Case No. [ORIGINAL CRIMINAL CASE NUMBER] (the “Case”).

3.2 The Case was ultimately [DISMISSED / RESULTED IN A CONVICTION FOR ___________] on [DISPOSITION DATE].

3.3 Petitioner fully satisfied all obligations of the court on [COMPLETION DATE].

3.4 Petitioner has no subsequent charges or convictions that would disqualify expungement under the Act.

4. STATUTORY ELIGIBILITY & WAITING PERIOD COMPLIANCE

4.1 Petitioner qualifies for expungement under one or more of the following provisions of the Act (check all that apply):

☐ Case was dismissed or resulted in acquittal, and at least one (1) year has elapsed since final disposition.
☐ Petitioner was the victim of identity theft and charges were filed in Petitioner’s name without consent.
☐ Petitioner’s conviction is an Eligible Conviction, specifically:
• Offense Level: [PETTY MISDEMEANOR / MISDEMEANOR / 4TH DEGREE FELONY / OTHER]
• Waiting Period Completed: [#] years since Completion of Sentence.
• The offense is not among the exclusions listed in the Act (e.g., crimes against children, sex offenses, DWI, or violent felonies).

4.2 Petitioner has complied with all Waiting Periods applicable to each particular disposition.

4.3 No disqualifying criminal proceedings are pending against Petitioner in any jurisdiction.

5. SEALED RECORD ACCESS PARAMETERS

5.1 Upon entry of an Order of Expungement, all Agencies shall:

a. Seal the records such that they are no longer publicly available, and
b. Respond to all inquiries as though the records do not exist, except as provided in § 29-3A-[SECTION] of the Act.

5.2 Records shall remain accessible only to:

i. Petitioner;
ii. Criminal justice agencies for purposes authorized by the Act;
iii. Background screening for employment in law enforcement, corrections, or positions otherwise exempted by the Act;
iv. Such other entities as the Court may list in the Order consistent with statutory limitations.

6. NOTICE TO INTERESTED PARTIES

6.1 Concurrent with the filing of this Petition, Petitioner will serve:

a. The district attorney for [COUNTY],
b. The arresting law-enforcement agency, and
c. Any Agency identified in Exhibit A hereto.

6.2 Interested parties shall have thirty (30) days from service to file a written objection as provided by the Act and Rule 5-123 NMRA.

7. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

A. Grant this Petition and enter the Proposed Order of Expungement;
B. Direct each Agency to seal all records relating to the Case(s) identified herein;
C. Order each Agency henceforth to respond to inquiries as mandated by the Act;
D. Provide such further relief as the Court deems just and proper.

8. VERIFICATION & ACKNOWLEDGMENT

I, [PETITIONER NAME], being first duly sworn, state under penalty of perjury that:

1. I am the Petitioner in the foregoing matter;
2. I have read the foregoing Petition and know the contents thereof;
3. The statements made herein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER SIGNATURE]
[Printed Name]
Date: [MM/DD/YYYY]

State of New Mexico )
County of [COUNTY] ) ss.

Subscribed and sworn before me on this ___ day of __________, 20__, by [PETITIONER NAME].

__________________________________
Notary Public
My Commission Expires: ___________

9. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I served a true and correct copy of the foregoing Petition (with all exhibits) via [☐ hand delivery ☐ certified mail ☐ electronic filing] to:

• [NAME], District Attorney, [COUNTY]
• [LAW-ENFORCEMENT AGENCY NAME & ADDRESS]
• [ADD OTHER AGENCIES AS NECESSARY]

__________________________________
[NAME], Attorney for Petitioner / Pro Se Petitioner
[Address] • [Phone] • [Email] • [Bar No.]

10. PROPOSED ORDER

(Submit as a separate attachment or immediately following this page, in the format required by the Court.)

EXHIBIT A – LIST OF AGENCIES HOLDING RECORDS

[Populate after reviewing arrest reports, NCIC printout, and case docket.]

PRACTICAL CHECKLIST FOR COUNSEL

1. Confirm exact statutory section(s) under which expungement is sought.
2. Double-check that all waiting periods have fully elapsed (calculate from latest of: release from custody, completion of probation/parole, payment of fines/fees).
3. Obtain certified docket sheet to demonstrate case disposition.
4. Verify no outstanding restitution or civil judgments relating to the Case.
5. Serve every Agency potentially holding records; err on the side of over-inclusion.
6. Calendar the 30-day objection period; if no objection, submit proposed order promptly.
7. After entry of the order, follow up with Agencies to ensure compliance and obtain written confirmation.

[END OF DOCUMENT]
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