Chaves County Arrest Records

A Chaves County arrest record contains information about an individual placed under arrest or being investigated for a crime. These records include information collected from criminal record databases, fingerprints, photographs, and booking sheets. Law enforcement agencies often publish arrest records online, which can be accessed through their recording divisions. Additionally, some courts incorporate arrest details into their Chaves County Court Records, which are made available to the public.

Are Arrest Records Public in Chaves County?

Yes. The New Mexico Inspection of Public Records Act (IPRA) enables access to arrest records of law enforcement agencies in Chaves County. The Law allows residents to inspect and copy arrest records during a custodian's regular business hours. However, the IPRA provides few exceptions to the release of arrest records.

• Records pertaining to background checks
• Inmates physical or mental examinations and medical treatment records
• A district attorney file maintained as a confidential record for law enforcement purposes
• Arrest records that reveal confidential sources, methods, information, or persons accused but not charged with a crime.
• Arrest records in the custody of the Children, Youth, and Families Department, the Human Services Department, or the Public Education Department.

What Do Public Arrest Records Contain?

A public arrest record typically contains the following information:

• Offender ID and status
• Last, first, and middle name
• Age, height, weight, and ethnicity
• Eye and hair colors
• Offenses and court judgment

Chaves County Arrest Statistics

The New Mexico Department of Public Safety (DPS) has a Uniform Crime Report where individuals can find crime statistics for arrested persons in the state. The 2020 report reveals that 2,714 crimes committed within county limits have led to apprehensions in Chaves County. Most of the arrestees were guilty of larceny, assault, and burglary.

Find Chaves County Arrest Records

The New Mexico Corrections Department (NMCD) has two divisions that handle Chaves County inmates housed in state prisons. The Adult Prisons Division has ten prison facilities across the state with over 5,700 inmates, and the Probation and Parole Division supervises over 13,000 offenders. Record seekers can visit the adult prisons in person to obtain copies of Chave County arrest records. Alternatively, they can use the Offender Search tool to view arrest information for free. The search parameters are name or offender number.

Chaves County arrest records can also be obtained online, by mail, or in person at federal law enforcement agencies. Some of these agencies restrict access to their records. For example, the Federal Bureau of Investigation (FBI) provides arrest records online, by mail, and through approved channelers to subjects of records for $18. The acceptable payment method is a credit card, money order, or certified check. Other agencies like the Federal Bureau of Prisons (BOP), U.S. Immigration and Customs Enforcement (ICE), and the United States Capitol Police (USCP) make their arrest records available to members of the public. These agencies have online portals where individuals can view arrest records for a fee using a number or name. They also have facilities where individuals can visit to obtain copies of records.

Free Arrest Record Search in Chaves County

Individuals may visit the Chaves County Detention Center during business hours to view arrest records free of charge. The record staff will require the arrestee's name or arrest number to perform the search. Once the record is located, it will be displayed to the requester either on the computer or in a file. However, copies cannot be made unless a small fee is paid.

Record seekers can also find arrest records for free on third-party sites. However, the record will be limited to basic information that can help identify the arrestee. Comprehensive records will only be provided after a subscription or full access fee is paid.

How Long Do Arrests Stay on Your Record?

Individuals who have been arrested in Chaves County will have their arrest information appear on their criminal records. This information will be publicly available until it is expunged. Law enforcement agencies in Chaves County manage arrest records by specifying how long they will remain in their custody. Record seekers can review the Functional Retention and Disposition Schedule (1.21.2 NMAC) to know the timeframe for arrest records. Below are some examples:

• Juvenile inmate files are kept for 22 years from the date of birth.
• Law enforcement case files are kept for 10 years from the date the file is closed.
• Records related to surveillance are kept for two years from the date the file is closed.
• Records related to inmate programs are kept for three years from the date the file is closed.
• Records related to security and access are kept for five years from the date the file is closed.
• Records related to non-criminal fingerprint identification are kept upon completion of the report.
• Investigative records and jail inmate files are retained for five years from the date the file is closed.
• Records related to accident reports and incidents are retained 10 years from the date the file is closed.
• Penitentiary inmate files are permanent and transferred to archives 50 years from the date the file is closed.
• Records related to the management of DUI citations are kept for 55 years from the date the file is closed.
• Records related to criminal fingerprint identification are kept for 99 years from the date the file is created.
• Records related to victim notification program files are kept for one year from the date the file is created.
• Records related to accident reports and incidents involving fatalities are kept 25 years from the date the file is closed.
• Records related to the central repository for crime reporting are kept for 99 years from the date the file was created.
• Parole and probation files are permanent and transferred to archives 50 years from the date probation or parole is completed.
• Records related to offenders' mail are retained for five years from the close of the calendar year in which the file is closed.

Expunge Chaves County Arrest Records

Expungement is the removal of an arrest record from the public eye. A person is eligible to have their arrest records expunged if (NMSA 29-3A-4 and 29-3A-5):

• There are no current charges against the person
• The person was released without conviction, and a year has passed since the final disposition in the case.
• The person has completed their sentence and has paid all fees they owed and victim restitution
• The person was convicted of:
• A violation of a municipal ordinance or a misdemeanor, and two years have passed since the completion of the sentence
• A misdemeanor for aggravated battery or fourth-degree felony, and four years have passed after completing the sentence
• A third-degree felony and six years have passed since the completion of the sentence
• A second-degree felony and eight years have passed since the completion of the sentence
• A first-degree felony or for any offense provided in the Crimes Against Household Members Act (NMSA 30-3-10 to 30-3-18), and ten years have passed since the completion of the sentence.

Eligible individuals should obtain their arrest records from the New Mexico Department of Public Safety (DPS). This does not apply to individuals who were released without convictions. Afterward, the petitioner should file a Petition to Expunge Arrest Records and Public Records (Upon Conviction or Release without Conviction) form with the Chaves County District Court. The filing fee is $132, payable by cash, cashier's check, or money order. The petitioner must make copies of the petition and send them to the Chaves County District Attorney, arresting agency, and DPS by first-class United States mail. The agencies have 30 days to provide an objection to the petition. The court will conduct a hearing to determine if the petition will be granted or denied. If the petition is approved, the court will issue an order to have the petitioner's arrest records expunged within thirty days of the hearing. The court will send a copy of the order to all relevant law enforcement agencies and courts.

Chaves County Arrest Warrants

According to N.M. R. Crim. P. Dist. Ct. 5-208, a Chaves County court will only issue an arrest warrant upon receiving an indictment or a sworn written statement that shows probable cause for its issuance. The warrant will be directed to a law enforcement officer and may limit the jurisdictions in which it may be executed. The official will enter the information on the warrant into a law enforcement information system. The arrest warrant will contain the defendant's name and be signed by a judge. If the defendant's name is unknown, the judges will assign any name or description to help identify the defendant. The arrest warrant will also describe the offense charged and command that the defendant be arrested and brought before the court.

An officer executes a warrant by arresting the defendant. Upon arrest, the officer will bring the defendant before the court without unnecessary delay. The officer must return the arrest warrant to the court and notify other law enforcement agencies aware of the warrant of the defendant's arrest,

Do Chaves County Arrest Warrants Expire?

No. A Chaves County arrest warrant does not expire until the defendant is arrested or the court withdraws the warrant. After the arrest or the warrant is withdrawn, the executing officer will remove the defendant's warrant information from the law enforcement information system.