What Is Criminal Trespass in New Mexico?

In New Mexico, criminal trespass occurs when a person enters or remains on private property without permission from the owner or the person in control of the land. Property owners typically make entry restrictions clear by posting signs or markings that outsiders aren't allowed on the property. A simple notice of “No Consent to Enter” suffices under New Mexico law (NM Stat § 30-14-1 (2024)).

However, trespass may still be presumed even where no sign is posted, if the circumstances indicate that notice prohibiting entry is reasonably expected to have come to the defendant's attention. This may be inferred from the nature of the property, including the presence of fences, cultivated crops, or other features showing access is restricted. An exception exists when the landowner has agreed with the Department of Game and Fish to grant public access to the land for hunting or fishing purposes.

How to Look Up Public Criminal Trespass Records in New Mexico

The Law Enforcement Records Bureau (LERB) under the New Mexico Department of Public Safety maintains and responds to requests for criminal trespass records in New Mexico. Researchers may follow these steps:

1. Navigate to the background checks on the New Mexico DPS website, under Law Enforcement Records Bureau
2. Submit a complete and notarized background check request form to the agency for processing. Name-based processing fees cost $15.00 per record check and $9.00 for fingerprint-based searches (the first two cards) and $2.50 for each additional card. Payment is in the form of a money order or cashier’s check.
3. It takes 7 to 15 business days to be processed. Requests may only be submitted by mail, and only adult arrest records may be released.

Older records or undigitized records may only be available in person at the clerk's office of the specific court where the trespass case was filed. Also, records that have been sealed, expunged, or involve juveniles are not publicly visible without a court order.

Types of Criminal Trespass Offenses

The New Mexico Statute under § 30-14-1 classifies trespass into misdemeanor and petty misdemeanor. As with other types of crimes, the classification depends on the severity of the act and the circumstances involved. In New Mexico, removing or destroying “no-trespass” signs without causing any significant damage is called a petty misdemeanor. It escalates to a misdemeanor if the damage caused exceeds $1,000. Under § 30-14-1(f), petty criminal trespassing is punishable with a county jail term of one year or less, or a fine of not more than $1,000. In some cases, it could be both imprisonment and fine at the discretion of the judge.

In contrast, the basic trespass offense under § 30-14-1 is a misdemeanor when the intruder knowingly enters or remains without consent. Also, if a trespasser damages property (for instance, breaks a fence or window), the offender still faces a misdemeanor charge and is punishable by paying double the repair costs as civil damages.

Trespassing in connection with hunting, fishing, or trapping may lead to suspension or revocation of licenses for not less than three years. Also, intentional criminal trespass in an evacuation zone amounts to a fourth-degree felony.

Penalties for Criminal Trespass in New Mexico

Trespass offenses, which constitute petty misdemeanors, are punishable by a county jail term of less than one year. However, penalties may escalate if aggravating factors exist. For example, trespass offenses accompanied by property damage or possession of tools for breaking into a property can escalate a simple misdemeanor to a felony charge, such as burglary or vandalism.

Additionally, trespassing during hunting or fishing activities may attract suspension of state licenses for at least three years. Reentering property after being warned or damaging land improvements may also escalate potential penalties.

Can You Be Arrested for Criminal Trespass in New Mexico?

Although often resolved through a lawsuit or punished with a fine, a trespass offense in New Mexico qualifies for lawful arrest. According to the New Mexico Statutes, criminal trespass is a jailable offense, meaning law enforcement is authorized to make arrests.

Consequently, a Sheriff may effect a warrantless arrest if the unauthorized entry was committed under the Sheriff's immediate observation, or caught by surveillance footage. In New Mexico, installing security cameras to monitor a property is generally legal, provided it does not violate another's privacy.

In most first-time offender cases, courts are more likely to award fines, probation, or conditional discharge than jail time, especially if no property damage or additional criminal conduct occurred.

How Criminal Trespass Differs from Burglary or Breaking in New Mexico

Under New Mexico laws, the distinction between criminal trespass and burglary is based on intent. Criminal trespass occurs when someone knowingly or recklessly enters or remains on private property without prior permission, and there is no criminal intent beyond the unauthorized presence. This could mean walking onto posted land, refusing to leave after being asked, or entering a fenced area without consent.

Burglary consists of unauthorized entry, coupled with intent to commit theft, a felony, or another crime inside. New Mexico uses “breaking and entering” terminology in its statutes (specifically under NMS 30-14-8). Breaking and entering entails unauthorized entry of any vehicle, dwelling or other structure, movable or immovable, where entry is obtained by fraud, by breaking or dismantling of the structure, or by destroying any device used to secure the structure.

The penalties reflect these differences:

Can a Criminal Trespass Charge Be Dismissed or Reduced in New Mexico?

State prosecutors may agree to reduce misdemeanor trespass charges to petty misdemeanors or withdraw them under certain conditions, such as when the prosecution decides that there's not enough evidence to support the charge.

The court may also sanction a plea bargain reached with the prosecution in which the trespass charge is reduced to a lesser offense, or the defendant receives a deferred sentence or conditional discharge. The court may also order dismissal when appropriate.

Additionally, first-time offenders often benefit from preprosecution diversion under New Mexico Statute Section 31-16A-7, which lets prosecutors suspend charges for 6 months to 2 years while the defendant completes conditions such as:

• Community service
• Counseling
• Restitution

Successful completion results in the case being dismissed without a conviction on record. If the trespass case is dismissed or later qualifies, a person may petition to have it expunged under New Mexico’s Criminal Record Expungement Act, clearing arrests and non-convictions from public view after one year.

Will a New Mexico Criminal Trespass Charge Stay on Your Record?

A criminal trespass charge record in New Mexico remains visible depending on the outcome of the case and whether the individual pursues expungement. Even when an individual was arrested but not convicted, the record still exists, but may be hidden from public view via expungement.

Once expunged, the record won’t appear on employment background checks (except for bank or financial institution positions), and authorities will state “no such record exists” when requested by the general public. Since trespass is a misdemeanor, one may petition for expungement 2 years after completing the entire sentence, including probation, fines, and restitution. This is only possible if there are no pending charges or unresolved arrests anywhere.

Expungement or Record Sealing Options in New Mexico

The state treats expungement and sealing as equivalent processes. Once expunged, related court proceedings are treated as though they never occurred. However, the record is not destroyed, and it may still be accessed by law enforcement upon a court order. The only records that are truly destroyed (expunged) are DNA records and samples, and criminal records of a first-time drug offender under the age of eighteen.

For trespass charges that were dismissed, discharged, or resulted in acquittal, individuals may petition for expungement without a waiting period. In the case of conviction of trespass, defendants must complete their sentence, pay all fines and fees, and wait through a conviction-free period of 2-4 years for misdemeanors.