Cibola County Arrest Records

In Cibola County, an arrest involves a peace officer's lawful apprehension of an individual suspected of committing a crime. Under New Mexico law, arrests usually become necessary when an arrest warrant is issued against a suspect. However, an arrest warrant is not always required for a peace officer to arrest an individual. Peace officers are permitted to arrest an individual if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that a crime has been committed.

After an arrest, the arresting officer may take the arrestee to their station or the county jail for booking. During this process, the arrestee’s personal information is collected, and their photograph (mugshot) is taken. Eventually, the arresting officer prepares a report detailing the arrest, known as an arrest record. This record can play a crucial role in the subsequent criminal prosecution that may arise from the offense or charges that prompted the arrest. As a result, arrest data may be included in the Cibola County Court Records relevant to their prosecution and the litigation process. Furthermore, some federal, state, and county criminal justice agencies use arrest data to create and compile various records, including criminal history records and crime statistics maintained by the New Mexico Department of Public Safety's Law Enforcement Records Bureau.

Are Arrest Records Public in Cibola County?

According to the New Mexico Arrest Record Information Act (NMSA § 29-10-1 to -8), law enforcement agencies may release the arrest records they maintain to the record’s subject or their authorized counsel or agent. Personnel conducting contractual research for a state or federally approved criminal justice project are also permitted access to arrest record information under the Act. Furthermore, a law enforcement agency may disseminate the arrest record information it maintains to other federal, state, or local government law enforcement agencies pursuant to NM Stat § 29-10-5.

However, NM Stat § 29-10-4 establishes that certain arrest record information is confidential, and releasing such information is unlawful. This includes arrest record information that exposes confidential sources, methods, information, or individuals accused but not charged with a crime.

What Do Public Arrest Records Contain?

Information typically found in Cibola County arrest records includes, but is not limited to, the following:

• The arrestee’s personal information: full name, home address, and date of birth.
• The arrestee’s physical descriptors: race, sex, eye and hair color, height, and weight
• The arrestee’s mugshot and biometric information
• The arresting officer and the agency
• The arrest time, date, and location
• Description of the offense or charges
• State arrest tracking number
• Bond type and amount (if applicable)

Cibola County Arrest Statistics

According to the 2023 arrest statistics provided by the FBI Crime Data Explorer, law enforcement agencies in Cibola County made 237 arrests in 2023, representing an 89.25% decrease from the previous year. Of those arrested, 74.68% were male (177 arrests) and 25.32% were female (60 arrests). The offenses with the highest number of arrests included driving under the influence (51 arrests), aggravated assault (23 arrests), and simple assault (16 arrests).

Note that the above data includes only arrests made by the Cibola County Sheriff's Office, the Grants Police Department, and the Milan Police Department.

Find Cibola County Arrest Records

In Cibola County, local law enforcement agencies make most arrests and create arrest records to document these events. Consequently, record seekers can find Cibola County arrest records through these agencies. Some of the local law enforcement agencies in Cibola County include the County Sheriff’s office and municipal police departments, such as Grants Police Department (GPD), Milan Police Department (MPD), Laguna Police Department (LPD), Acoma Police Department (APD), and Ramah Navajo Police Department (RNPD).

Note that each local law enforcement agency in Cibola County only maintains records of arrests made by its officers. For instance, arrest records created by the MPD cannot be obtained from the GPD and vice versa. Therefore, individuals seeking an arrest record must identify the agency that made the arrest to direct their request appropriately. Generally, each agency may have different procedures for accepting record requests. For example, the Grants Police Department (GPD) provides a dedicated public record request form that record seekers can complete and submit to request records. Nonetheless, most agencies accept in-person requests for the records they maintain during regular working hours. Regardless of the method of request an agency allows, record seekers must provide specific details about the sought-after arrest record, such as the arrestee’s name, arrest date, or location, to identify it. Additionally, record seekers may need to present a valid government-issued ID when requesting records.

It is worth noting that Cibola County arrest records can also be obtained through the New Mexico Department of Public Safety (NMDPS). The NMDPS serves as the repository for criminal records in New Mexico. As a result, local law enforcement agencies in Cibola County typically report arrests they have made for misdemeanors, felonies, and DWI offenses to the NMDPS. However, the NMDPS only releases arrest records to eligible individuals. These include:

• The record’s subject or their authorized representatives who submit a completed and notarized Authorization for Release of Information form (also available in a Spanish version) and pay the $15 processing fee.
• Employers or other New Mexico residents who apply electronically by submitting a subject's fingerprint and meeting other conditions.

Free Arrest Record Search in Cibola County

Unlike some other counties, Cibola County law enforcement agencies do not offer free online resources for the public to search for arrest records. Therefore, the only way to find arrest records for free in Cibola County is by visiting local law enforcement agencies during regular office hours to inspect records in person. Agencies typically do not charge a fee for inspecting the records they maintain. However, they usually charge a nominal fee for providing copies of those records.

How Long Do Arrests Stay on Your Record?

Arrests are permanently included on a person’s criminal record unless they are expunged or sealed. However, local law enforcement agencies may retain arrest records in their files for a limited time before they are destroyed. For instance, per New Mexico's Functional Records and Disposition Schedules (FRDS), law enforcement agencies can retain a case file (including arrest records) for 10 years after the case has been closed.

Expunge Cibola County Arrest Records

Expungement is a legal process that removes a criminal record, such as an arrest or conviction, from public view, preventing it from appearing during background checks. Although expunged records are not available to the public, they may still be accessible to criminal justice agencies, including courts, law enforcement agencies, district attorneys’ offices, and certain employers with security clearance.

A Cibola County arrest record must meet the requirements of the New Mexico Criminal Record Expungement Act to be eligible for expungement. Under the Act, arrests that qualify for expungement include, but are not limited to, those that resulted in:

• Non-convictions, conditional discharge, pre-prosecution diversion, nolle, or acquittals.
• Municipal ordinance or misdemeanor conviction.
• A misdemeanor aggravated battery or a 4th-degree felony conviction.
• A 1st, 2nd, or 3rd degree felony conviction.
• Conviction for Crimes Against Household Members Act.

Conversely, arrests that lead to conviction(s) for any of the following are not eligible for expungement:

• An offense against a child.
• An offense that caused significant bodily harm or death to another person.
• Certain sex offenses.
• Embezzlement.
• Driving under the influence.

Note that certain prerequisites must be met when applying for expungement for arrests that resulted in a conviction, such as completing one’s sentence and paying any fines or fees owed to the state. Furthermore, expungement requests are subject to waiting periods that vary based on the type of offense. For instance, there is a two-year waiting period for municipal ordinance violations and most misdemeanor convictions. Meanwhile, third-degree felony convictions are subject to a six-year waiting period.

Eligible individuals may apply for expungement in Cibola County by following these steps:

• Obtain necessary documents: When filing for expungement, applicants may need to present certain documents regarding the record they wish to expunge. These include their complete criminal history record from the New Mexico Department of Public Safety (NMDPS). Additionally, court and sentencing records may also be required.
• Complete the appropriate expungement forms available online on the New Mexico Judiciary website.
• File the completed expungement forms and other required documents with the Cibola County District Court, and pay the $132 expungement fee via cash, cashier's check, or money order. Applicants may also apply for a fee waiver.
• Forward copies of the expungement request forms and other attachments via certified mail to the relevant agencies, such as the district attorney, the NMDPS, and the arresting law enforcement agency.

After receiving the expungement application, the District Court will set a hearing date. At the hearing, the applicant will be asked questions about their expungement request or other objections that may have been filed. Subsequently, the court will approve or deny the request within 30 days.

Cibola County Arrest Warrants

A Cibola County arrest warrant is a court order that authorizes peace officers to arrest an individual suspected of violating the law. According to Rule 5-208 NMRA, a judge or magistrate may issue an arrest warrant upon receiving an indictment or affidavit demonstrating sufficient probable cause for the warrant’s issuance. Furthermore, an arrest warrant should contain the defendant’s name or a description that can identify the defendant with reasonable certainty, a description of the offense charged, and the signature of the issuing court.

Do Cibola County Arrest Warrants Expire?

Cibola County arrest warrants do not expire. They remain active until the subject of the warrant is apprehended, dies, or the issuing court recalls it.