New Mexico Arrest Records

New Mexico arrest records are government files regarding arrests within the state. Such records may include the arrestee's data and the circumstances that led to the arrest event. New Mexico's law enforcement agencies create and store arrest records as incident or police reports. This includes arrest warrants and post-arrest information.

Law enforcement agencies also function as record custodians and may disclose the records to interested parties. Public members can find arrest records by reaching out to local law enforcement agencies, such as the City of Albuquerque Police Department, the Doña Ana County Sheriff's Office or the City of Santa Fe Police Department.

Are Arrest Records Public in New Mexico?

Yes, most arrest records are classified as public records in New Mexico. The state's Inspection of Public Records Act (IPRA) allows public access to records generated by government entities in the course of performing their functions. For this reason, public members can view or request copies of arrest records from relevant government agencies. The IPRA also allows individuals to take legal action if their access requests are denied.

However, there are exceptions to the public's right of access in New Mexico. The Arrest Records Information Act, N.M. Stat. §§29-10-1 to -8, exempts public access to arrest records that reveal the identity of a suspect not charged with a crime. Such instances are possible when a record subject's information was collected while the police investigated a suspected offender.

Other confidential arrest records include records whose disclosure would interfere with a criminal investigation or endanger someone's life, and juvenile arrest records per N.M. Stat. § 32A-2-32.

Arrests are legal procedures for apprehending persons suspected of breaking the law. Law enforcement officers in New Mexico conduct arrests and may detain offenders in the municipality where the crime occurred. Before detention, arrestees will go through a booking process where the officer documents their personal information, like mugshots and fingerprints.

New Mexico Arrest Statistics

The FBI's Crime Data Explorer provides information on arrest events within the US states. According to the database, New Mexico's law enforcement agencies made 50,893 arrests in 2023. The report revealed that 71.5% (36,395) of the arrestees were males, while female arrestees comprised 28.4% of the total figure. Furthermore, simple assaults and driving under the influence were the most reported crimes, at 15,240 and 10,251, respectively. The number of arrests for other crimes is provided in the table below:

New Mexico 2023 Arrest Statistics

Find Public Arrest Records in New Mexico

Individuals can find public arrest records in New Mexico by submitting an IPRA request to the county sheriff's office where an arrest occurred. Although the IPRA allows parties to request records orally, written requests are preferable. Requesters using the written request option must fill out their personal information and contact details.

In most cases, interested parties may find a record request form via a local arresting agency's website. Individuals using these forms must accurately describe the record they seek, including details such as an arrestee's name, date of birth, and arrest date. This information enables the relevant agency's custodian to identify the sought-after record(s) and process the request.

When sending an IPRA request, interested parties should note the following:

• They can submit written requests in person, via email, fax, or U.S. mail.
• New Mexico law requires record custodians to respond to requests immediately or as soon as practicable but at most 15 calendar days after they receive a request.
• If, for any reason, a custodian cannot permit inspection within three business days, they must send a written response to the requester detailing when the record will be ready.
• If a record is confidential, the custodian must explain the denial and applicable laws via written communication.
• Any denial must be mailed or delivered to the requester within 15 days from when the record custodian received the request.
• There are no required fees for viewing arrest records in Mexico. However, the record custodian may charge reasonable fees for copies of records, which are usually paid in advance.

The State's IPRA Compliance Guide contains all necessary information regarding how to access records and which records are exempt from public view.

Interested parties may also contact a sheriff's records department or check the department's website for information about accessing the arrest documents in their custody. For example, the Roswell Police Department provides an online resource for individuals to search arrest records. If one does not find the records they seek, they can call or make in-person requests to the agency.

You should also note that the arresting agency submits arrest-related data to the New Mexico State Central Repository for Criminal History. This repository contains the arrest information of persons apprehended for misdemeanors, felonies, and DWI offenses. Individuals can obtain the information by conducting searches on the New Mexico Department of Public Safety (NMDPS).

However, the NMDPS only releases arrest records to:

• The record subject, who may apply through their representatives after submitting the following:
  • A completed and notarized Authorization for Release of Information form.
  • $15 processing fee
• Employees or other eligible New Mexico residents who apply electronically by submitting a subject's fingerprint and meeting other conditions

Interested parties can learn more about requesting NMDPS records by visiting the agency's Fingerprinting and Background Checks page.

Note: Courts in New Mexico do not maintain law enforcement records or conduct background checks.

In New Mexico, unauthorized persons or entities seeking to access restricted or non-public arrest records may apply to a court of competent jurisdiction to subpoena the records. To do so, the petitioners are typically required to have a legitimate right to make the request. For example, one may show that they are a party to a legal proceeding where the discovery of such records is crucial.

Per N.M. R. Civ. P. Dist. Ct. 1-045, a subpoena may command a person to produce designated documents for inspection, copying, and other purposes. Interested parties are advised to contact their attorneys for personalized information on obtaining restricted arrest records through subpoena in New Mexico.

How to Look Up Arrest Records Online in New Mexico

You can look up arrest records online through resources maintained by official record custodians and third-party entities.

County sheriff's offices in New Mexico maintain records of arrests within their jurisdictions and may provide online search tools to enable individuals to find information about suspects. These offices may also offer online solutions to check if someone was jailed after an arrest. For example, individuals can access the inmate search tool on the Bernalillo County Sheriff's official website to verify whether an arrestee is at the Metropolitan Detention Center.

Alternatively, searchers can use third-party websites to find arrest information. To obtain results from a third-party website, interested persons must input information about the record holder, usually the arrestee's first and last name. It is always advised to verify information obtained from third-party sources with official sources.

What is Included in New Mexico Arrest Records?

New Mexico arrest records typically include the following details:

• Biometric information, including the arrestee's photograph, fingerprint impressions, and palm print impressions
• Personal information, such as the arrestee's full name, date of birth, address, sex, and occupation
• Physical descriptors, including the arrestee's race and eye color
• Arrest details (the date, time, and place of arrest)
• Arresting agency and officer
• Offense(s), including code and description
• State arrest tracking number (assigned to the arrest record)
• State personal identification number (assigned to the arrestee)
• Bond amount

How Long Do Arrests Stay on Your Record in New Mexico?

Generally, arrests remain visible on a person's criminal record in New Mexico until expunged or sealed. However, arrest records retained by local law enforcement agencies may be destroyed after a specific period. Retention here refers to the duration for which agencies are expected to keep records in their custody.

According to New Mexico's Functional Records and Disposition Schedules (FRDS), law enforcement agencies retain their case files (including records of arrests) for 10 years from when a file was closed. Per the state law, they can destroy the record after the timeframe has passed.

Expunge an Arrest Record in New Mexico

You are typically required to file a petition to expunge arrest records with a court of competent jurisdiction. Expungement removes records from all publicly accessible domains, such that it appears as if the record never existed. While the public is unable to access expunged records, criminal justice agencies still maintain access to them.

Per the New Mexico Criminal Records Expungement Act (CREA), persons with a dismissed arrest charge may wait a year to expunge their arrest record. In addition, the person must not have any pending criminal charges or proceedings anywhere.

On the other hand, a defendant must wait for longer periods before expunging criminal conviction records. The waiting time depends on the severity of the crime. For example, individuals convicted of non-violent misdemeanors must wait 2 years, but felony convicts are only eligible after 4 to 10 years. Furthermore, such expungements are granted at the court's discretion, and the requester must prove that justice will be served with the expungement order.

Factors that may influence a court's decision include the following:

• The nature and severity of the crime
• The requester's criminal history and age
• The length of time since the conviction
• Repercussions of denying the petition
• Any objections raised by the prosecutor and other affected parties

Some arrest records cannot be expunged in New Mexico. These include arrests that ended in a conviction for:

• Crimes against children
• Sex offenses
• Violent crimes resulting in fatality or grievous bodily harm
• Embezzlement
• Driving under the influence of alcohol (DUI)

Below are the steps for requesting an expungement in New Mexico:

1. Fill out the appropriate New Mexico Court Expungement Forms, which include Notice of Hearing, Order on the Petition to Expunge, and Petition to Expunge. One also needs specific supporting documents to be filed alongside the forms, such as the person's arrest, court, and sentencing records. (Arrest records should be obtained from the DPS.) It is important to make copies of every document to be submitted.
2. File the petition with the district court in the region where a case was heard or an arrest occurred. This is regardless of whether a trial was held in a municipal or metropolitan court.
3. Pay the $132 expungement fee in cash or via cashier's check or money order. However, one may qualify for a waiver.
4. Send copies of the petition and supporting documents to the Department of Public Safety, the district attorney, and the police department connected to the case via certified mail.
5. Wait for the court to set a date to hear the petition. During the hearing, the court will ask the individual questions about their request and attend to any objections.

After the hearing, wait about 30 days for the court to reach a decision. Individuals who had their expungement requests denied can petition the Court of Appeals to assess the decision. It is advisable to hire an experienced expungement lawyer for the appeals process.

Note that New Mexico only permits record sealing in two cases. The first is the automatic sealing of juvenile arrest records when a child turns 18 or when the juvenile's legal custody and supervision expires, whichever comes later. The second situation is when human trafficking victims perform crimes under duress, threat, fraud, force, or coercion by the trafficker. Apart from these instances, arrest records are rarely sealed.

For the most part, sealing and expungement produce identical effects in New Mexico, i.e., a record will be hidden from the public view and made available only to authorized parties.

How Do I Find Recent Arrests in New Mexico?

Interested parties can find recent arrest information in New Mexico on the official websites of arresting police departments and sheriff's offices. For example, Bernalillo County maintains an online arrest list displaying daily arrests for the county. Individuals may also search the database for arrests within the past week. Another example is the Roswell Police Department's recent arrests database.

Are New Mexico Arrest Records Free?

It depends on whether the interested party requests an electronic or printed record. Generally, arrest record custodians in New Mexico do not charge fees for arrest records disseminated electronically. However, members of the public who require printed copies of arrest records may be asked to pay a reasonable cost per copy. Similarly, individuals may need to pay fees to obtain arrest records from third-party websites.