Pursuant to New Mexico state statute NMSA 29-3-8.1, an individual may request that the misdemeanor or petty misdemeanor arrest record maintained by the Department of Public Safety (DPS) and/or the Federal Bureau of Investigation (FBI) be expunged. Therefore, felony arrest records are not eligible to be expunged through this DPS process.
The DPS will expunge an arrest record that would statutorily fall into the category of a misdemeanor or petty misdemeanor offense only if a final disposition cannot be located and if the arrest does not involve a crime of moral turpitude (conduct contrary to justice, honesty, modesty or good morals).
Contact: Shay Lara at 505-827-3317
29‐3‐8.1. Petition to expunge arrest information:
A. A person may petition the department to expunge arrest information on the person's state record or federal bureau of investigation record if the arrest was for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude. If the department cannot locate a final disposition after contacting the arresting law enforcement agency, the administrative office of the courts and the administrative office of the district attorneys, the department shall expunge the arrest information.
B. As used in this section:
(1) "expunge" means to remove a notation of an arrest placed on a person's state record or federal bureau of investigation record; and
(2) "final disposition" means a final outcome following arrest, including nolle prosequi, a dismissal, a decision to not file charges, a referral to a pre‐prosecution diversion program, placement on probation or imposition of a fine.
History: Laws 2002, ch. 46, § 2.
Source: New Mexico Compilation Commission