A felony conviction does not stop mattering when a sentence ends. For many people, the consequences show up later, such as during a job interview that suddenly goes quiet, a rental application that stalls, or a background check that pulls an old case back into focus.
One question we hear more than almost any other is, How long does a felony stay on your record in New Mexico, and does time ever loosen its grip?
The answer is rarely comforting. Felony convictions do not fade out on their own. In limited situations, New Mexico law allows the clearing of certain records, but only through a specific legal process and only for certain offenses. Here’s what you need to know.
How Long Does a Felony Stay on Your Record?
In New Mexico, a felony conviction becomes a permanent entry in your criminal history. It stays there unless a judge later signs an order expunging it. Courts, law enforcement agencies, and background check systems all retain that information, meaning a conviction can resurface years or even decades after finishing your sentence. There is no automatic removal.
Many people are surprised that time alone does not erase a felony, even after years without further legal issues.
How Long Do Felonies Stay on Your Record Compared to Misdemeanors?
When it comes to clearing a record, felonies receive far less generous treatment than misdemeanors. While both require expungement for removal, felony convictions usually involve longer waiting periods and narrower eligibility rules. In some cases, a felony is never eligible at all, while a misdemeanor arising from the same incident may qualify years earlier.
Do Felonies Go Away on Their Own Over Time?
Felonies do not expire in New Mexico. There is no legal clock that runs out and quietly erases a conviction.
Many people assume a felony will “fall off” their record after seven or ten years because some private background check companies limit how far back they search. That belief causes real problems. Those limits do not bind courts, government agencies, and many employers, who can access a full criminal history regardless of age.
Compared to lesser charges, felonies offer very few paths to relief, and none of them happen automatically.
What Is the Difference Between a Criminal Record and Public Access?
A criminal record is the official history maintained by courts and law enforcement, while public access determines who can view it. Even if a conviction is old, it remains part of the official record. The Department of Public Safety’s Law Enforcement Records Bureau maintains New Mexico’s criminal records.
Over time, certain records become increasingly difficult for the public to find, especially if they are rarely reported online. But difficulty locating them does not mean they are no longer accessible. Employers, licensing boards, and government agencies performing official background checks typically have access to more information than is available through online searches.
This misconception is why many people believe a felony is “gone” until it reappears during an application or investigation.
Are Arrests and Dismissed Felony Charges Treated the Same Way?
The treatment of arrests and dismissed charges is different from convictions, but they can still appear on your record. Even if charges are dismissed or you are acquitted, the arrest itself may still appear on your record.
Dismissed charges often become eligible for expungement sooner than convictions. This timing is important for individuals who were charged but not found guilty, yet still face background check issues.
Understanding how the case concluded is critical to determining what relief may be available.
Can a Felony Conviction Ever Be Removed from Your Record in New Mexico?
Expungement is the only way to remove a felony from your record, and it applies only if the conviction qualifies under New Mexico law.
New Mexico has expanded expungement eligibility in recent years, but the law still draws firm lines. Certain felony convictions are ineligible for expungement entirely, regardless of how much time has passed.
For example, felony sex offenses, aggravated kidnapping, and some domestic violence–related convictions are generally not eligible for expungement. Other felonies may qualify only after long waiting periods and only if the petitioner has completed all sentencing conditions without further issues.
Expungement is not automatic. It requires a formal petition, strict compliance with statutory requirements, and court approval.
How Long Is a Felony on Your Record Before Expungement Is Possible?
There is no universal waiting period for expunging a felony in New Mexico. The timeline depends on how the case ended and on the offense involved.
Waiting periods begin only after all sentencing requirements are completed, including probation or parole. Some felonies require significantly more time than misdemeanors, and others never qualify at all. That is why there is rarely a simple answer to how long a felony stays on your record. Eligibility matters more than time.
For that reason, there is rarely a simple answer to how long a felony stays on your record. The timeline depends on eligibility, not just time passed.
What Happens If a Felony Conviction Is Not Expunged?
When a felony is never expunged, it tends to resurface at inconvenient moments, often long after someone believes the case is behind them. Effects include:
- Limited employment opportunities, especially in regulated industries, like healthcare and education;
- Barriers to applying for housing;
- Restrictions on professional licenses;
- Firearm and immigration consequences in certain circumstances; and
- Ongoing stigma during background checks.
These consequences continue even after a person has complied with all court orders and avoided further legal issues.
Why Legal Guidance Matters When Dealing with Felony Records
The expungement process is technical, and small mistakes can delay or derail the process. Eligibility rules are strict, filing requirements are precise, and courts have discretion in how petitions are handled.
A criminal defense attorney at New Mexico Criminal Law Offices can review your record, explain your options, and help avoid delays or denials. In felony cases, small mistakes can permanently close doors, and eligibility rules leave very little room for improvisation.
Taking the Next Step After a Felony Conviction
A felony record does not define who you are, but it can quietly influence opportunities long after a case ends. Knowing how long a felony stays on your record and whether the law allows any relief gives you leverage you would not otherwise have.
At New Mexico Criminal Law Offices, we have spent decades working in New Mexico’s courts and handling the realities of expungement law as it is actually applied. We review records carefully, explain what is realistically possible, and are direct when relief is not available.
If you are ready to talk through your record and understand where you stand, we are here to help.
Official Legal and Other Sources:
To ensure the accuracy and clarity of this page, we referenced official legal and authoritative sources during the content development process:
- Felony Sentencing, N.M. Stat. § 31-18-15, link.
- Law Enforcement Records Bureau, New Mexico Department of Public Safety, link.
- New Mexico Expungement of Criminal Records Act, Definitions, N.M. Stat. § 29-3A-2, link.
- Eligibility and waiting periods for expungement, N.M. Stat. § 29-3A-4, link.
- Offenses excluded from expungement, N.M. Stat. § 29-3A-5, link.
- Expungement procedure and court requirements, N.M. Stat. § 29-3A-7, link.
- Effect of expungement and access to records, N.M. Stat. § 29-3A-8, link.
- Criminal history record information regulations, 10.2.2.1 NMAC, link.
- New Mexico Courts, Expungement of Other Criminal Records, link.