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.

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 certain criminal records destroyed or deleted, rendering them inaccessible to courts and other agencies, as well as private entities conducting background checks. New Mexico law, as of the knowledge cutoff in 2023, allows for expungement in specific circumstances. For instance, individuals who have been arrested but not convicted, or whose cases have been dismissed, may be eligible for expungement. Additionally, certain convictions can be expunged after a specified period of time has passed, provided the individual has not been convicted of any other offenses during that time. The law also includes provisions for victims of identity theft and for juveniles under certain conditions. However, not all crimes are eligible for expungement; serious offenses such as violent crimes, sex offenses, and DWI convictions are typically excluded. The process usually involves filing a petition with the court, and the court has discretion in deciding whether to grant the expungement. It's important to note that expungement laws are subject to change, and individuals seeking expungement should consult with an attorney to understand the current statutes and their eligibility.