New Mexico Criminal Record Expungement — Statewide from Albuquerque
Johnn Osborn · Land of Enchantment Law · Licensed in New Mexico & Texas · Statewide Practice from Albuquerque
Once expunged, you can legally answer “no” on most job applications, apartment applications, and professional license forms when asked about the arrest or conviction. New Mexico law now provides a real path — the first step is finding out where you stand.
Why This Lawyer
Eleven years as an Assistant District Attorney — rising to Chief Deputy DA and Deputy DA — means Johnn Osborn prosecuted the same kinds of cases that today’s clients want expunged. He sat across from defense counsel at hearings identical to the ones his expungement clients now face. He knows how DA offices evaluate petitions internally, which factors trigger objections, and how to draft a justice narrative that answers prosecutorial concerns before they are raised. Licensed in New Mexico and Texas. Practicing statewide from Albuquerque.
Why It Matters
Long after the case is over, the record keeps showing up on background checks. Job applications denied. Apartment leases rejected. Professional licenses out of reach. Even a dismissed charge — one where you were never convicted — can keep blocking opportunities for years.
New Mexico's Criminal Record Expungement Act (NMSA § 29-3A) gives people a real path forward. For cases that ended without a conviction, the court shall grant expungement if the basic requirements are met. For cases that ended in a conviction, expungement is harder but still possible for many offenses. The first step in either case is the same: figuring out where you actually stand.
Free Tool
The quiz walks through the same eight questions an attorney would ask in an initial consultation — pending charges, how the case ended, time elapsed, fines paid, supervision complete. Based on your answers, you get a clear yes, no, or "needs a closer look," with a step-by-step list of what to do next.
Color-coded eligibility outcome (likely qualifies / not yet / blocked / needs review), the specific NM statute that applies to your case, and what to do next. No account, no email required to see your results.
"Do you currently have any pending criminal charges?"
Two Paths Under NMSA § 29-3A
New Mexico's expungement law creates two separate processes. Which one applies depends on how the original case ended.
NMSA § 29-3A-4
For cases that ended in dismissal, acquittal, nolle prosequi, pre-prosecution diversion, conditional discharge, or a Motor Vehicle Code deferred sentence.
NMSA § 29-3A-5
For cases that ended in a guilty plea, a guilty verdict, or a Criminal Code deferred sentence under § 31-20-3.
Flat-Fee Pricing
Most expungement work is handled on a flat fee so you know what the case costs before we start. Payment plans are available — as low as $250/month for qualifying clients.
Non-Conviction
Dismissals, acquittals, nolle prosequi, pre-prosecution diversion, conditional discharge, and Motor Vehicle Code deferred sentences under NMSA § 29-3A-4.
Payment plans as low as $250/month.
+ $132 district court filing fee (separate; waivable for income-qualified petitioners)
Book a consultationConviction
Guilty pleas, guilty verdicts, and Criminal Code deferred sentences under NMSA § 29-3A-5. Discretionary track with a mandatory hearing.
Payment plans as low as $250/month.
+ $132 district court filing fee (separate; waivable for income-qualified petitioners)
Book a consultationIdentity Theft
Cases where someone else's actions ended up on your record. Scope and work vary case-by-case, so these matters are handled hourly.
Rate and estimate provided after a free 15-minute call.
Book a consultationQuoted fees are starting prices for typical matters and do not include the $132 district-court filing fee or third-party costs. Complex cases (multiple counties, multiple counts, older records requiring extensive research) may require additional fees, quoted in writing before any work begins.
The Process
15 minutes by phone or video. We confirm which track applies, the waiting period, and what to expect. No charge, no obligation.
We obtain your DPS and FBI records, draft the verified petition and all supporting documents, and serve the required agencies — all included in the flat fee.
We file at the district court where your case originated and appear at any required hearing on your behalf. Conviction cases require a hearing; non-conviction cases often do not.
After the order is signed, we serve it on every agency holding your record and run a background-check verification at 90 days to confirm the records were actually sealed.
From Clients
Johnn was an absolute lifesaver. I've worked with multiple attorneys over the years, and Johnn set the standard for the rest of them. A standard that has yet to be met. He does not shame a client for wanting to be involved in their own legal process, and gently reminds them of his own experience. As he put it to me, he is a counselor-at-law. I think very highly of him over a full decade later, enough to write this review and tell all prospecting clients: Johnny O. is the best lawyer you will ever retain.
Former client
John has been an absolute help. He stuck with my family and I as we navigated a case. He was very attentive and gave realistic advice and expectations. The outcome was us winning. As a veteran I would recommend his office to help you out. He has helped us get peace from our situation. Thank you so much!!
Veteran client
Note: Testimonials reflect the experience of individual clients. Past results do not guarantee future outcomes. Names abbreviated or changed to protect client privacy.
Who You're Working With
Founder of Land of Enchantment Law. Eleven years as an Assistant District Attorney in New Mexico (2010–2021), including senior leadership as Chief Deputy and Deputy DA. Now using that prosecutor's perspective on behalf of clients, including current service as Chair of the New Mexico Bar Association Historical Committee.
Knowing how the State builds a case is the same skill set, applied in reverse. That's the value Johnn brings to every expungement petition, every defense matter, and every consultation.
The quiz takes 2 minutes. The phone call is free and takes 15. Either way, you'll know exactly where you stand.