When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In New Mexico, expungement of a criminal record is a legal process that allows an individual to have their arrest or conviction record permanently destroyed or deleted, making it inaccessible for background checks. This process is different from having a record sealed, where the record still exists but is not publicly accessible. New Mexico has specific statutes that govern the expungement process, and eligibility for expungement can depend on various factors, including the nature of the offense, the completion of a probation or deferred adjudication program, and the amount of time that has passed since the conviction or arrest. Generally, serious crimes, including violent offenses and sex crimes, are not eligible for expungement. New Mexico law also provides for the expungement of juvenile records under certain conditions. It's important to note that expungement laws are complex and can vary widely, so individuals seeking expungement should consult with an attorney to understand their specific circumstances and eligibility.