Are Bernalillo County Records Public?

Yes. In Bernalillo County, access to public records is a fundamental right entrenched in the New Mexico Inspection of Public Records Act. The IPRA defines public records to mean all documents, papers, letters, books, maps, tapes, photographs, recordings, and other materials, regardless of physical form, that are used, created, received, maintained, or held by or on behalf of any public body and relate to public business. The New Mexico Supreme Court further recognizes and upholds the right of access to writings in the custody of public officials in connection with their official duties.

The New Mexico IPRA is binding on state and county government agencies. Moreover, it guarantees public access to arrest records, information on wanted persons, Bernalillo County court records of judicial proceedings, and other records not expressly restricted by the Act or any other federal or state laws.

What is Exempted Under the New Mexico Public Records Act?

The New Mexico IPRA contains specific exceptions to the Act that apply to particular records. The implication is that where certain records are exempted under the Act, they are not public records; they will not be accessible to the public, and the right of access is limited. In essence, not all Bernalillo County records are public records.

Some county records are exempt from public disclosure because of statutory provisions of the state's public records laws and court orders designed to protect sensitive or confidential information. This exemption balances the public's right to information regarding government affairs, the official acts of public officers and employees, and other conflicting interests.

Section 14-2-1 of the IPRA sets out the examples of case documents that are exempt under the Act:

• Medical records
• Letter of reference concerning employment, licensing, and permits
• Law enforcement records on crime detection, investigation, and interrogations
• Trade secrets
• Matters concerning national security
• Public hospital records
• Juvenile case records
• Vital records (birth and death certificates)
• Protected personal identifier information (social security number, tax identification number, driver's license number).

In New Mexico, record custodians may ensure the integrity of exempted records by redacting protected information before inspection and copying, removing unredacted records from publicly accessible websites and public record search terminals. However, parties subject to the record, their legal representatives, legal guardians (in cases involving minors), and government officials may have unrestricted access to exempted records.

Bernalillo County Public Record Search

Bernalillo County public records vary according to their subject matter and the agency in their custody. They may be property records, court records, arrest records, probate records, or otherwise. The first step to finding public records in Bernalillo County is to determine and identify the agency with official custody. Interested persons may visit the Bernalillo County Public Information Requests page for guidance.

Residents of Bernalillo County and others who wish to inspect or obtain copies of public records may submit an oral or written request to the Bernalillo County Legal Department IPRA Unite (this is the IPRA unit for the county). Written requests (including electronic communication) must include the requester's name, address, and contact information. The person must identify the record sought with reasonable particularity. This requires providing specific information with which to streamline case search results, including a party name, case number, filing date range, and related details. Vague or broad requests will be denied.

Once the custodian receives the request, they must respond either permitting or denying the inspection no later than 15 days after receiving the request. The custodian may inform the requester that the record will not be available for inspection later. Additionally, the county may charge a fee for producing copies of public records or certified copies and other costs associated with downloading or sending the file. The record custodian can request payment in advance, and a receipt will be issued afterward.

Where the custodian declines a request for inspection, they shall inform the record seeker in writing, stating the reason for the denial. Failure to do so, the requester may be awarded damages of no more than $150 against the custodian. This remedy is actionable at the instance of the Attorney General.

Find Public Records For Free in Bernalillo County

Official custodians in Bernalillo County provide free access to public records. To inspect Bernalillo County property records for free, visit the County Assessor's Office or the Bernalillo County Clerk's Office websites to use their online search tools or visit their offices during business hours. Likewise, search efforts for Bernalillo court records should be directed to the Bernalillo County Metropolitan Court and the county clerk's office.

Interested persons may also consider third-party, public record search sites. Although access to their database may not be free, third-party sites offer more convenient search features. These sites source public records from multiple jurisdictions, and instant search results are available, thus eliminating the three to fifteen-day wait periods seen in official sources. However, information obtained from third-party sites is prone to errors and inaccuracies. Also, extensive information may be restricted to registered users.

How to Remove Information From Public Records Free

To remove information from public records, the subject of the record must apply to the relevant agency to have their records sealed, withdrawn, or expunged. However, such a person must be eligible to have their records deleted or withdrawn.

For example, a holder of a criminal or arrest record may petition the district court in the county of arrest or conviction if they meet the requirements in the New Mexico Criminal Records Expungement Act requirements, Sections 29-3A-1 through 29-3A-9. The court petition process requires the subject to file their request at a relevant courthouse. Interested persons may access the links to begin the petition forms online at the New Mexico Courts Website.

Who Can Access Bernalillo County Public Records in New Mexico?

Pursuant to N.M. Stat. § 14-2-1, every person can access Bernalillo County public records. It is the state's public policy that all persons are entitled to the greatest possible information regarding government affairs and the official acts of public officers and employees (N.M. Stat. § 14-2-5). The Act defines the term' person' as any individual, corporation, firm, association, or entity. The Act does not base access to public records on residency or citizenship status or any other qualifiers.

What Happens if I Am Refused a Public Records Request?

In line with the IPRA, every person has a right to inspect public records, and public bodies are responsible for making these records available for inspection and copying. Public bodies must also assign a custodian who shall receive and respond to requests, provide facilities to make copies of public records available during business hours and delineate the procedures for obtaining records.

Record custodians in Bernalillo County may refuse a person's request to access public records for any of the following reasons:

• Failure to comply with the procedures for inspection or requesting copies of public records
• Exemptions under the IPRA
• If the request is too broad or vague, the custodian may be unable to identify the record of interest.
• Non-existence of records
• Excessively burdensome requests that may take additional time.

A person who believes their written request has been wrongfully denied may seek statutory remedies provided in the Inspection of Public Records Act. When a written request is denied, the custodian must provide a written explanation for the denial within fifteen days after receiving a request for inspection. If they fail to do so, such custodian is liable to pay damages to the requester. Damages shall be awarded where failure to explain the denial is unreasonable, and it is not to exceed $150 (N.M. Stat. § 14-2-11).