70 million adults in the U.S. – about 1 in 3 Americans – has a criminal record that will show up on a routine background check. Convictions, dismissals, even mere arrests are public record and generally remain a public record unless they are somehow removed.

In New Mexico, expunged records are removed from public view and are no longer reported on background checks. A person whose record is expunged may answer “no” when asked if they have ever been arrested or convicted. District Attorneys and certain employers requiring security clearance may still have access to expunged records.

The American Bar Association estimates there are 48,000 ways a person can be affected by a criminal record in the U.S. These “collateral consequences” include housing, employment, occupational licenses, immigration, and many others.

Misdemeanor and felony dismissals, acquittals, and convictions with certain exceptions.

Convictions for the following offenses are not eligible for expungement: DWI, Embezzlement, Sex Crimes (requiring registration), Crimes Against Children, and Violent Offenses resulting in Great Bodily Harm or Death of Another.

The ACLU of New Mexico is unable to provide legal assistance for expungement of criminal records.

No.

The ACLU cannot recommend specific lawyers for legal assistance, however you may visit the New Mexico State Bar website at nmbar.org for a list of attorneys that may provide legal assistance.

If you cannot afford an attorney, there may be legal assistance available. The District Court in your area may have a self-help desk that provides assistance with completing forms and you can learn more by visiting nmcourts.gov. In addition, the Volunteer Attorney Program through New Mexico Legal Aid and the State Bar of New Mexico may be able to connect you with legal services in your area. To learn more, visit https://www.vapnm.org/.

The New Mexico Courts website has forms and instructions that may be downloaded depending on the type of case you seek to expunge. To learn more, visit https://nmcourts.gov/expungement-forms.aspx. In the Second Judicial District (Bernalillo County), you may download forms and instructions specific to that district by visiting https://seconddistrictcourt.nmcourts.gov/civil-forms.aspx.

You may obtain your criminal background from several different sources, although the courts may require a specific type of background check for expungement purposes.

• New Mexico courts has an online case lookup system at https://caselookup.nmcourts.gov/caselookup/app.
• Everyone has the right to a free online criminal background check once per year under the federal Fair Credit Reporting Act.
• You may obtain a RAP sheet from the New Mexico Department of Public Safety at https://www.dps.nm.gov/top-links-for-nm-residents/fingerprinting-and-background-checks.
• You may request a copy of your FBI background check at https://www.fbi.gov/services/cjis/identity-history-summary-checks.
• You may also request to view a file at the Clerk of the Court’s office in the jurisdiction where the arrest occurred (for instance, at the 2nd Judicial District Clerk of the Court for an arrest in Albuquerque).

As of January 2020, a petition to expunge is considered a matter of public record unless the petition is sealed. New Mexico Supreme Court Rule 5-123 allows District Courts to seal records and a request to seal records should be made at the time of filing the petition to expunge if you would like the petition itself to be sealed from public view.

An expunged conviction in New Mexico will still appear on the National Crime Information Center (NCIC) background check for federal firearms purchases.

In New Mexico, and expunged record will be removed from publicly available online sources such as the New Mexico Courts website. Online news reports or other unregulated sources available online cannot be expunged.

Federal conviction records may not be expunged. In order to apply for a pardon, visit https://www.justice.gov/pardon/pardon-information-and-instructions.