New Mexico DWI Expungement Eligibility: The C.T. Ruling and How to Petition

The Rule Used to Be Simple: No Expungement for DWI

For years, New Mexico's Criminal Record Expungement Act (CREA) included a blanket exclusion: DWI offenses could not be expunged under any circumstances. NMSA 1978 § 29-3A-5(G) explicitly lists DWI as a permanently ineligible offense.

This created an unfair trap for first-time offenders who entered the First Offender Program. They pleaded guilty or no contest, completed a year of probation, satisfied every court-ordered condition, and received a formal dismissal of the charges — but courts still treated the initial plea as a "conviction" for expungement purposes. The dismissal was real, but the record was permanent.

What the C.T. Ruling Changed

On July 7, 2026, the New Mexico Court of Appeals issued a landmark decision in In the Matter of Petition for Expungement for C.T. (No. A-1-CA-41067). The court reversed a lower court's denial of expungement and established a new principle: when a first-offense DWI is resolved through a deferred sentence that ends in a formal dismissal, the final outcome is a dismissal — not a conviction.

Because CREA Section 29-3A-5(G) only bars expungement of DWI convictions, the court ruled that individuals with a completed deferred sentence and dismissal are eligible to petition for expungement under CREA Section 4 — the non-conviction track.

This is a significant shift. Before C.T., thousands of New Mexicans who successfully completed the First Offender Program had no path to clear their arrest records. Now they do.

Who Qualifies

The C.T. ruling applies to a specific set of circumstances:

• Your first-offense DWI was resolved through a deferred sentence under the First Offender Program
• You completed all conditions of probation
• The court entered a formal order of dismissal
• At least one full year has passed since the date of that dismissal order
• You have no pending criminal charges in any jurisdiction at the time of filing

If any of these conditions are not met, you do not qualify. Most critically: if you pleaded guilty without a deferred sentence, or if you were found guilty at trial, your case ended in a conviction — and DWI convictions remain permanently ineligible for expungement under § 29-3A-5(G). The C.T. ruling does not change this.

How to File the Petition

Step 1: Verify eligibility. Confirm that at least one year has passed since your dismissal date and that you have no pending charges.

Step 2: Obtain your criminal history. Request a complete criminal background report (RAP sheet) from the New Mexico Department of Public Safety. You will need this for the petition.

Step 3: Complete NMRA Form 4-952. This is the official "Petition to Expunge Arrest Records and Public Records; Upon Release Without Conviction." The form is available through the New Mexico Courts website. You file it in the District Court of the county where the original arrest occurred.

Step 4: Pay the filing fee. The standard filing fee is $132. If you cannot afford it, you can apply for a fee waiver using Form 4-222 (Request for Free Process).

Step 5: Serve mandatory notice. You must serve a copy of the petition to three parties:

• The District Attorney's office that prosecuted the original case
• The New Mexico Department of Public Safety
• The law enforcement agency that made the arrest

Step 6: Wait for objections. If no agency files an objection within 30 days, the court may grant the expungement without a hearing. If the District Attorney objects, the court schedules a hearing within 30 days, and you must demonstrate that you meet all statutory requirements.

What Expungement Does and Does Not Do

If granted, the court orders public court records and law enforcement databases to seal the arrest and case records. You can legally state on most standard job and housing applications that the arrest never occurred.

However, expungement does not erase your MVD driving record. The DWI arrest and license revocation history remain on the driving transcript maintained by the Motor Vehicle Division. The MVD operates on a 55-year retention schedule, and its records are not covered by the CREA.

State professional licensing agencies may also retain statutory access to sealed records. If you hold a professional license (nursing, teaching, law), the expungement may not prevent your licensing board from seeing the original arrest.

Worth Pursuing

Even with the MVD record limitation, expungement under the C.T. ruling provides meaningful relief. It clears the criminal court record, eliminates the arrest from standard background checks, and removes a barrier from employment and housing applications.

The New Mexico First-Offense DUI Guide includes the complete expungement petition walkthrough, line-by-line instructions for Form 4-952, and the service requirements for each mandatory notice.

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