How Much Does It Cost to Expunge a Criminal Record in New Mexico?
Expunging a criminal record in New Mexico generally costs between $180 and $300 in mandatory state fees for background checks and court filings. If you hire a private attorney, expect to pay between $1,000 and $3,000 for representation, though low-income individuals can apply to have court fees waived.
Clearing your criminal record under the N.M. Stat. Ann. § 29-3A-1 (CREA) is an investment in your future. By sealing past mistakes, you unlock better job opportunities, housing options, and earning potential. However, the legal process is not free. Between mandatory fingerprinting, background checks, court filing fees, and serving the district attorney, the out-of-pocket expenses can quickly add up. Understanding the financial breakdown is critical before you begin filing paperwork at the Second Judicial District Court, Albuquerque or the First Judicial District Court, Santa Fe.
Mandatory State Fees
Even if you handle the expungement completely on your own without a lawyer (pro se), you are still legally required to pay several state administrative fees. These are non-negotiable steps in proving to the judge that you have met all statutory waiting periods and have no new pending charges.
DPS Fingerprinting and Background Check Costs
Under N.M. Stat. Ann. § 29-3A-4, you must obtain a certified background check from the Department of Public Safety, Santa Fe. The court will not take your word that your record is clean; they need the official DPS printout. The fee for the New Mexico DPS record check is $15.00. Additionally, you will have to pay a local police station or a private fingerprinting service to roll your prints, which usually costs an additional $10 to $20.
District Court Filing Fees
Once you have your DPS background check, you must file a formal petition with the district court in the county where your original case occurred. If you are filing a Form 4-953, New Mexico, Supreme Court, Petition to Expunge Arrest Records and Public Records (Conviction) in a standard civil proceeding, the district court filing fee is approximately $137. This fee applies per case. If you have multiple convictions in different counties-for example, one in the Third Judicial District Court, Las Cruces and another in Roswell-you must pay separate filing fees in each jurisdiction.
Hidden Costs of Serving the District Attorney
A crucial step in the expungement process is legally notifying the prosecution and law enforcement agencies that you are attempting to seal the record. Under Rule 1-077.1(E) NMRA, service is simplified: you are not required to hire a process server or pay for certified mail. Instead, you serve the District Attorney, the arresting agency, and the DPS via first-class United States mail, and then file a Certificate of Service with the court using Form 4-956, New Mexico, Supreme Court, Certificate of Service (Upon Conviction). This keeps delivery costs minimal, requiring only standard postage stamps.
Filing for a Fee Waiver (In Forma Pauperis)
New Mexico law ensures that financial hardship should not prevent someone from clearing a wrongful arrest or an old conviction. If you cannot afford the $137 court filing fee, you can request a waiver. You must complete and submit Form 4-222, New Mexico, Supreme Court, Application for Free Process (In Forma Pauperis) along with your petition. The judge will review your income, expenses, and assets. If approved, the court will waive the filing fee and sometimes the costs associated with serving the government agencies. However, this waiver generally does not cover the DPS background check fee.
Average Attorney Retainers
While you can file pro se, hiring an attorney significantly increases your chances of success, especially if the District Attorney files an objection to your petition. Most criminal defense attorneys in New Mexico charge flat fees for expungements.
| Type of Case | Estimated Attorney Fee (USD) |
|---|---|
| Expungement of Arrest (No Conviction) | $750 to $1,500 |
| Misdemeanor Conviction Expungement | $1,500 to $2,500 |
| Felony Conviction Expungement | $2,500 to $4,000 |
| Contested Hearing (If DA Objects) | Additional Hourly Rates ($250-$400/hr) |
Frequently Asked Questions (FAQ)
Do I get my money back if the judge denies my expungement?
No. Court filing fees, DPS background check fees, and attorney retainers are non-refundable. You are paying for the legal process and the court's time, not a guaranteed outcome.
Can I expunge multiple charges for a single filing fee?
Yes, provided they occurred in the same judicial district. Under Rule 1-077.1(B)(5) NMRA, a single petition to expunge can include any number of arrests, charges, or convictions within a single judicial district for one $137 filing fee. You only need to file separate petitions and pay additional fees if your records originate from different judicial districts across New Mexico.
How much does it cost to get copies of my old court records?
Courts typically charge a small copying fee per page, usually around $0.35 to $0.50. You will need these documents (like your Judgment and Sentence) to prove you completed your penalties, which may cost $5 to $15 depending on the length of the file.
Do I have to pay to clear a dismissed case?
Yes. Even if your case was entirely dismissed or you were found not guilty, the record of the arrest remains public. You still must pay the DPS background check fee and the court filing fee to officially expunge the arrest record.
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