29-3A-5. Expungement of records upon conviction. (Effective January 1, 2020.)
C. After a hearing on a petition, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records related to the conviction be expunged if the court finds that:
(1) no other charge or proceeding is pending against the petitioner;
(2) justice will be served by an order to expunge;
(3) the petitioner has fulfilled any victim restitution ordered by the court in connection with the petitioner’s conviction; and
(4) no other criminal conviction of the petitioner has occurred for a period of:
(a) two years if the petition relates to a conviction for a violation of a municipal ordinance or a misdemeanor not otherwise provided in this paragraph;
(b) four years if the petition relates to a misdemeanor conviction for aggravated battery as provided in Subsection B of Section 30-3-5 NMSA 1978 or to a conviction for a fourth degree felony not otherwise provided in this paragraph;
(c) six years if the petition relates to a conviction for a third degree felony not otherwise provided in this paragraph;
(d) eight years if the petition relates to a conviction for a second degree felony not otherwise provided in this paragraph; or
(e) ten years if the petition relates to a conviction for a first degree felony or for any offense provided in the Crimes Against Household Members Act
[30-3-10 through 30-3-18 NMSA 1978]. NM Stat. 29-3A-5 Expungement of records upon conviction. (Effective January 1, 2020.) (New Mexico Statutes (2019 Edition))
