Sealing an Eviction Record in New Mexico: A Renter’s Guide

If you’ve experienced eviction in New Mexico, you may worry about how this affects your future housing options. Landlords often look at public court records, and an eviction on your record can make it harder to lease a home. Fortunately, New Mexico offers a process to seal eviction records under certain circumstances, giving renters a chance for a fresh start. This article explains the process and your legal rights in plain language, with practical steps and official resources.

Understanding Eviction Records in New Mexico

When a landlord files an eviction (also called a “forcible entry and detainer” or FED) case in New Mexico, the court creates a record. Even if you win your case or the eviction is dismissed, that public record can remain accessible. Sealing an eviction record means making it unavailable to the public, including future landlords and general background checks.

Who Can Request to Seal an Eviction Record?

Under certain conditions, New Mexico renters may qualify to have an eviction record sealed. This is often possible if:

• The eviction case was dismissed
• You won the case as the tenant
• The parties reached an agreement and the record is not needed for future disputes

Sealing is not guaranteed for every situation. While New Mexico statutes do not have a statewide automatic process, many courts allow you to file a motion to seal. The judge will review your request and consider if sealing is appropriate in your case.

Which Tribunal Handles Eviction Sealing?

Eviction and sealing cases are handled by the New Mexico Magistrate Courts. In some larger cities, Metropolitan Courts (such as in Albuquerque) may handle eviction matters. Always check which court heard your eviction case as this is where you must file your motion to seal.

Relevant Legislation: Your Rights Explained

Eviction processes in New Mexico are governed by the New Mexico Uniform Owner-Resident Relations Act. This act outlines the grounds for eviction and your rights during court proceedings.^[1]

While there is no specific statewide law on record sealing for eviction cases, New Mexico courts may grant record sealing under their general authority to control court records. If you wish to seal your eviction record, you must petition the same court that handled the eviction proceeding.

How to Seal an Eviction Record: Step-by-Step

The process involves filing a formal request ("motion") with the court. Here’s how you can approach it:

Step 1: Find the Correct Court

• Locate the New Mexico court (Magistrate or Metropolitan) where your eviction was filed.
• This is where you will submit your motion to seal.

Step 2: Complete the Motion to Seal

• The required form is called a Motion to Seal Court Record. While there is no official statewide form number, most Magistrate and Metropolitan Courts use a similar template. Ask your court clerk for the latest version or check the official forms portal.
• Explain why you are asking for the eviction record to be sealed (such as case dismissal, mistaken identity, or successful defense).

Step 3: File the Motion

• File the completed motion with the court clerk where your eviction case was heard.
• Some courts allow electronic filing via New Mexico's Odyssey File & Serve.

Step 4: Notify the Other Party

• You must usually deliver ("serve") a copy of the motion to your former landlord or their attorney. Ask the court clerk about proper service requirements.

Step 5: Attend a Hearing (if required)

• The court may schedule a hearing where you can explain your reasons for sealing the record.
• Bring any supporting documents, such as a copy of the case dismissal or agreement with the landlord.

After the Decision

• If the judge approves, the court record will be sealed. It will no longer be available to the public or appear in most background checks.
• If denied, you may be able to appeal or request reconsideration.

Official Forms You May Need

• Motion to Seal Court Record (no statewide form number):
  • Get the official Motion form from the NM Courts forms directory
  • Example: If your eviction case in Albuquerque's Metropolitan Court was dismissed, use this motion to request the record be sealed. Complete all fields explaining your reason, sign, and file it with the clerk.
• Certificate of Service (may be required):
  • Certificate of Service available on the NM Courts forms page
  • Example: If you filed your motion to seal, attach this certificate to confirm you served a copy to your former landlord.

FAQ: Sealing Eviction Records in New Mexico

1. Can I seal any eviction record in New Mexico?
   Not all eviction records can be sealed. The court generally considers sealing when the case was dismissed, you won, or there was an agreement between you and the landlord. Each decision is at the judge’s discretion.
2. How long does the sealing process take?
   The timeline varies by court and case. Most decisions are made within several weeks of filing your motion, especially if a hearing is required.
3. Is there a fee for filing a motion to seal?
   Some New Mexico courts may charge a small fee for filing motions. Ask the court clerk about current fees and whether fee waivers are available if you cannot afford them.
4. Will a sealed eviction be visible to future landlords?
   Once sealed by the court, the eviction is hidden from public view and should not appear on background checks or be available to most landlords.
5. What if my eviction record is not eligible to be sealed?
   If your request is denied, consider explaining your situation to landlords directly or seeking legal help. You may also appeal if there are legal grounds.

Conclusion: Key Takeaways

• New Mexico renters can ask the court to seal eviction records, especially if the case was dismissed or decided in their favor.
• You must file a motion to seal in the same court as your eviction case, using official forms and following proper procedures.
• Sealing a record can help protect your privacy and improve your chances of securing future housing.

Sealing your eviction record is possible in New Mexico, but follow your local court's procedures and seek help if needed.

Need Help? Resources for Renters

• New Mexico Courts Directory – Lookup your local court and find official forms.
• New Mexico Legal Aid – Free or low-cost legal help and guidance for renters facing eviction or sealing records.
• New Mexico Uniform Owner-Resident Relations Act – Know your rights under state tenancy law.
• New Mexico Renter Assistance Programs – State resources for housing stability and support.

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1. New Mexico Uniform Owner-Resident Relations Act
2. New Mexico Magistrate Courts and Metropolitan Court (for Albuquerque)
3. NM Courts: Official Forms Directory

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