DWIs and Expungement

A frequently asked expungement question is “Can I expunge my DWI conviction?” The answer, as it so often is in the law, is: “It depends.” The New Mexico Criminal Records Expungement Act is divided up into different sections, including Convictions and Non-Convictions. All “non-conviction” charges are eligible for expungement. “Non-conviction” typically means that the charge was dismissed or there was an acquittal at trial. A non-conviction also includes dismissals as a result of a pre-prosecution diversion program or a conditional discharge. A “conviction” involves a plea to the charge or conviction at trial. Convictions are eligible for expungement with certain exceptions. The offense for Driving While Under the Influence of Intoxicating Liquor and/or Drugs is listed as one of the exceptions to the convictions eligible for expungement. However, that is not the end of our inquiry. 

Most first DWI offense convictions result in what is called a “deferred” sentence. If the defendant receives a deferred sentence, that means that if the defendant fulfills all of the obligations of their sentence, they are entitled to an order dismissing the case. The expungement statute, specifically Section 29-3A-4, was amended during the last legislative session to include deferred sentences under the Motor Vehicle Code as “non-convictions.” Arguably, this includes a DWI first offense in which the sentence was deferred and then dismissed. This is all to say that, while a DWI conviction is typically not eligible for expungement, a DWI may be eligible for expungement if the sentence was deferred.

If you want to find out whether your DWI charge is eligible, call our office at (505) 988-8004 and we will review your record to determine your eligibility for expungement.