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New Mexico: Automatic Cannabis Expungement Has Stalled, With About 155,000 Eligible Cases (2023)

Courts said they had no automatic mechanism, and staff review records by hand.

By Donte West · Oct 17, 2026

The Cannabis Regulation Act calls for automatic expungement of prior marijuana arrests, but courts say they have no automatic mechanism, The Paper. in Albuquerque reported in January 2023. Court staff must review records by hand and say they lack staff and funding.

The state Department of Public Safety sent district attorneys lists of potentially eligible cases in 2021, and the Second Judicial District Attorney had reviewed over 11,000 cases by August 2022. Officials estimate about 155,000 eligible cases statewide. Expunged records are hidden from the public but remain visible to courts and police, which advocates worry could allow targeting.

Why it matters: Legal on paper does not mean clean in practice. We have not checked what has happened since 2023.

Source: The Paper. (Albuquerque), 2023-01-09. Forgotten Prisoner's account is based on this reporting.

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