New Mexico Pardon/Expungement Process

The state of New Mexico participates in executive clemency. The current governor, Governor Martinez, has set strict prerequisites to meet before felony convictions, or, on a limited basis, misdemeanor convictions, will be considered for a pardon.

Those who are ineligible for a pardon include: sex offenders, habitual offenders, multi-felony offenders, or offenders convicted of a crime of violence against children.

In order to apply for a pardon, the applicant must remain incedent free as follows: five (5) years after discharge of sentence for a misdemeanor assault or battery against a household member; ten (10) years after discharge of sentence for a fourth degree felony; fifteen (15) years after the discharge of sentence for a third degree felony; and twenty (20) years after the discharge of sentence for a second degree felony. Applications for a pardon from a first degree felony will NOT be accepted.

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