Individuals who received a deferred sentence for a first DWI offense and successfully completed all requirements — resulting in dismissal — are now eligible to petition for expungement.
For years, New Mexicans who completed a deferred sentence for a first DWI offense walked away with a dismissal in hand but carried the criminal record of a conviction. Courts treated the guilty plea underlying that deferred sentence as a conviction for expungement purposes — meaning the DWI carveout in New Mexico’s Criminal Record Expungement Act (CREA) kept their records firmly in place, no matter how clean their lives had become since.
That changed on July 7, 2026. The New Mexico Court of Appeals issued a landmark ruling in In the Matter of Petition for Expungement for C.T., No. A-1-CA-41067 — a matter of first impression — reversing a Bernalillo County District Court decision that had denied expungement. For anyone who completed a deferred sentence for a first DWI and had their case dismissed, this decision opens a door that has never been open before.
What Happened in C.T.’s Case?
C.T. received a deferred sentence for a first DWI offense under New Mexico’s First Offender Program. This program requires defendants to plead guilty, complete probation, attend DWI school, perform community service, and — in most cases — install and maintain an ignition interlock device. Upon fulfilling all of those requirements, the court issues an order of dismissal.
C.T. did exactly that. The case was dismissed. C.T. then petitioned the Bernalillo County District Court for expungement of the record.
The district court denied the petition. Its reasoning followed the conventional legal interpretation: a deferred sentence is an adjudication of guilt under NMSA § 31-20-3, which means it qualifies as a “conviction.” And under CREA § 29-3A-5(G), DWI convictions are expressly excluded from expungement eligibility — no matter how much time has passed.
C.T. appealed. The Court of Appeals reversed.
The Legal Question: Was a Dismissed Deferred Sentence a “Conviction” Under CREA?
This question had never been squarely addressed by a New Mexico appellate court — making the C.T. ruling a matter of first impression.
The tension sits between two provisions of CREA. CREA Section 5 (§ 29-3A-5(G)) prohibits expungement of DWI convictions. CREA Section 4 (§ 29-3A-4) authorizes expungement for cases that ended without a conviction — including dismissals, acquittals, nolle prosequi, and completions of pre-prosecution diversion.
The district court focused on how the deferred sentence began: with a guilty plea. But the Court of Appeals focused on how the case ended: with a dismissal.
That distinction is the heart of the ruling.
What Did the Court of Appeals Decide?
The Court of Appeals held that when a deferred sentence for a first DWI results in dismissal, the operative outcome for CREA purposes is the dismissal — not the guilty plea that triggered the deferred sentence. Because the case was ultimately dismissed, it falls under CREA Section 4, not Section 5.
The DWI carveout in § 29-3A-5(G) applies to convictions. A successfully completed deferred sentence, which ends in dismissal, is not a conviction under CREA’s framework. Petitioners who meet the statutory requirements under Section 4 are therefore eligible to seek expungement.
This ruling does not affect individuals who were formally convicted of DWI. Those records remain excluded from expungement under § 29-3A-5(G). The ruling is specifically limited to first-offense DWI cases resolved through a deferred sentence that was completed and dismissed.
Do You Qualify? Who Can Now Petition for Expungement?
Following the C.T. decision, you may be eligible to petition for expungement under CREA Section 4 if:
- You were charged with a first DWI offense in New Mexico
- Your case was resolved through a deferred sentence under the First Offender Program
- You successfully completed all program requirements, including any probation, DWI school, community service, and ignition interlock requirements
- Your case was dismissed upon completion
- At least one year has passed since the date of final disposition (the dismissal)
- You have no pending criminal charges at the time of filing
If all of those conditions apply, the C.T. ruling gives you a pathway to petition that did not exist before July 7, 2026.
What Are the Requirements to Petition Under CREA Section 4?
Eligibility is only the first step. To actually pursue expungement, you’ll need to navigate a formal legal process:
- Wait period. At least one year must have passed from the date of final disposition — meaning the date the dismissal order was entered.
- No pending charges. You cannot have any active criminal charges in any jurisdiction at the time of filing.
- File in the correct court. The petition must be filed in the district court that originally handled the case.
- Use the correct form. Non-conviction expungement petitions use NMRA Form 4-952, the Petition to Expunge Arrest Records and Public Records; Upon Release Without Conviction.
- Serve required notice. You must notify the District Attorney’s office, the New Mexico Department of Public Safety, and the arresting agency.
- Attend a hearing if required. If no party objects, the petition may resolve on the papers. If the District Attorney files an objection, the court must schedule a hearing within 30 days — and the burden of proof rests with the petitioner.
Filing fees apply, though the court may waive them for petitioners who qualify as indigent.
It is also worth understanding what expungement accomplishes — and what it does not. Under NMSA § 29-3A-7, an expunged record is treated as if the proceedings never occurred for most purposes. Petitioners may answer “no” on most job applications and housing applications when asked about the offense. However, expungement does not affect the driving record maintained by the Motor Vehicle Division. MVD records, license consequences, ignition interlock history, and insurance impacts are governed by separate rules and are unaffected by a criminal expungement order.
Why You Should Work with an Attorney
The C.T. ruling is significant, but turning it into an actual expungement requires careful execution. A single procedural error — wrong form, improper notice, or a missed filing deadline — can result in denial. A denied petition does not automatically reset, and the consequences of a misstep can delay or eliminate your opportunity for relief.
Working with an experienced attorney ensures that your petition is filed correctly, that required notices go to the right agencies, and that you’re prepared if the District Attorney files an objection. Given that C.T. itself required an appeal before relief was granted, having skilled legal representation on your side is not just helpful — it’s strategic.
Get the Fresh Start You’ve Earned — Contact L4SB Today
You completed the program. You did what was asked of you. Now the law has finally caught up with that effort.
L4SB is a full-service law firm with offices in Albuquerque and Santa Fe, New Mexico. Our attorneys are available to review your situation, assess whether the C.T. ruling opens an expungement pathway for your specific record, and guide you through every step of the petition process.
Call us at 505.715.5700, reach us toll-free at 888.992.4952, or email [email protected]. You can also schedule a 30-minute attorney consultation directly through our website. We’ll get back to you within one business day.
Frequently Asked Questions
What did the New Mexico Court of Appeals decide in In the Matter of Petition for Expungement for C.T.?
On July 7, 2026, the Court of Appeals ruled in No. A-1-CA-41067 that individuals who received a deferred sentence for a first DWI offense and successfully completed all requirements — resulting in dismissal — are eligible to petition for expungement under CREA Section 4. The court reversed a Bernalillo County District Court denial and established, as a matter of first impression, that the dismissal is the operative outcome for CREA purposes.
Does this ruling mean all DWI records in New Mexico can now be expunged?
No. The ruling applies specifically to first DWI offenses resolved through a deferred sentence that was completed and dismissed. DWI convictions remain expressly excluded from expungement under CREA § 29-3A-5(G). If your DWI case ended in a formal conviction — not a deferred sentence dismissal — that record is still not eligible.
How long do I have to wait before I can file an expungement petition under CREA Section 4?
You must wait at least one year from the date of final disposition, which is the date the dismissal order was entered in your case. You must also have no pending criminal charges in any jurisdiction at the time of filing.
Will expunging a deferred DWI sentence clear my driving record?
No. Expungement under CREA addresses only the criminal record. The Motor Vehicle Division maintains a separate driving record, and expungement does not affect license revocation history, ignition interlock requirements, or insurance consequences. Those records are governed by entirely separate rules.
Can I file the expungement petition myself, or do I need a lawyer?
You are legally permitted to file the petition on your own using NMRA Form 4-952. However, procedural errors — including improper notice or use of the wrong form — can result in denial. Given that the C.T. case itself required a full appeal before relief was granted, working with a qualified attorney substantially improves your chances of a successful outcome on the first filing.
How can L4SB help with a DWI expungement petition in New Mexico?
L4SB offers attorney consultations and full-service legal representation for New Mexico expungement matters. Our attorneys can review whether the C.T. ruling applies to your specific record, prepare and file the petition correctly, serve all required notices, and represent you if the District Attorney objects. Contact us at 505.715.5700 or to get started. Learn more by scheduling an attorney consultation.
