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Dona Ana County Arrest Records
Police officers in Dona Ana County produce arrest records to preserve details of incidents that resulted in a person's loss of freedom. These documents contain a suspect's personal identifying information, the arrest time and location, and the arresting officer's name, among other details. Members of the public can generally access arrest records through local law enforcement.
While arrestees and their representatives need arrest records to apply for expungement or prepare their criminal defense, employers, courts, and the general public may use them for other purposes. For example, people considering candidates for childcare, healthcare, finance, or law enforcement positions may look into a person's previous arrests to determine their suitability for a role.
Arrest records are also part of a person's criminal history, which includes information from Dona Ana County court records and post-conviction information (if a person is found guilty).
Are Arrest Records Public in Dona Ana County?
Yes. The New Mexico Inspection of Public Records Act (IPRA) allows the public to request records in the custody of law enforcement agencies, such as arrest records. However, the law outlines specific exemptions in Section 14-2-1.2, NMSA 1978
Usually, members of the general public cannot review or obtain the following records:
- Names, contact information, addresses, and other protected personal details of victims and witnesses connected to cases listed in Section 14-2-1.2 (1), NMSA 1978
- Information about an alleged offender before they are charged with a crime
- Confidential informants, law enforcement tactics and methods, and sensitive investigative materials maintained and collated by law enforcement agencies
- Sealed and expunged arrest records
- Confidential district attorney or attorney general law enforcement records
- Certain juvenile records
- Other records protected by state and federal law
What Do Public Arrest Records Contain?
Arrest record custodians in Dona Ana County may release the following arrest information to the public:
- Arrestee's Personal Information and Physical Description: The individual's name, address, eye and hair color, skin tone, weight, height, age, and photograph
- Booking Details: The arrestee's booking number, time, and other details generated when the individual was processed
- Arrest Information: The arrest location, date, time, and agency. Bond details and warrant information are also included.
- Charge Information: The arrest charge, statute, and offense type (misdemeanor or felony)
- Court Information: The arrestee's court case number, the presiding court's name, and first court appearance date
Dona Ana County Crime Rate
The New Mexico Department of Public Safety's Records Bureau releases annual Uniform Crime Reports displaying county crime rates and figures. The reports are compiled using data collected from various local law enforcement agencies. However, the Bureau's 2020 report only contains crime records from a few law enforcement departments in Dona Ana County, and the statistics provided encompass the periods from January to October 2020.
According to the 2020 report, 285 offenses were recorded by the reporting police agencies in Dona Ana. Of that number, 119 were assault offenses, while larceny accounted for 94 incidents. The previous year's report also lacks reportage from some law enforcement agencies in Dona Ana, but it puts the total reported crimes at 465.
It is important to note that the Bureau updates its reports when agencies send in their records. However, individuals can contact the Bureau at (505) 827-9181 for crime-related statistics from Dona Ana County. They can also visit the FBI's Crime Data Explorer to view agency-by-agency crime reports or contact a regional law enforcement agency.
Dona Ana County Arrest Statistics
Members of the public can contact the NMDPS to find out how many arrests were made in Dona Ana County during a particular period. They can also inquire about arrests tied to specific crimes or the number of arrests executed by law enforcement agencies within the county.
Find Dona Ana County Arrest Records
Ideally, individuals must identify the proper record custodian to determine the fastest way to obtain arrest records in Dona Ana County. However, it is crucial to remember that some records are considered confidential by law and may only be released to individuals named therein.
The first place to seek arrest records of people who have not been charged is the police department that executed the arrest. For instance, members of the public can approach the Las Cruces Police Department's Records Division to obtain details about arrests that happened in the city. The Division also offers background check services for individuals who want to review their history of arrests with the department. Requesters must provide a valid ID and a $3 fee to make such requests.
The Dona Ana County Online Inmate Search Portal is another way to review arrest records created by the county's law enforcement agencies. It shows details of people held in the county jail upon arrest and those serving time for certain crimes. The home page displays the names of inmates, their booking numbers, genders, and booking dates. Selecting a person's booking number shows their photograph, physical description (including eye color, height, weight, skin tone), address, and age. It also displays the arrest location, charge(s), charge type, arresting agency, bond details, next court date, and case number.
People looking for information on arrestees convicted of state-level crimes can access the New Mexico Corrections Department's Offender Search. The database holds information about active and inactive inmates, including absconders, probationers, and parolees. Individuals can search by name, offender number, or age. They can also indicate the type of inmate they want to find. The results display an inmate's photograph, physical description, offender ID, status (whether in prison or on probation), correctional facility, offense, and court judgment.
Meanwhile, individuals seeking information on federal inmates must approach the Bureau of Prisons. They can use the Bureau's online search portal or submit a Freedom of Information Act request.
Free Arrest Record Search in Dona Ana County
Individuals seeking a free arrest records search in Dona Ana can access the Dona Ana County inmate search tool. They can also submit requests to local law enforcement agencies. Fees may not be charged if the inquirer only wishes to inspect a record.
Individuals can also use some third-party sites to find information on people arrested in Dona Ana County for free. These websites are not affiliated with criminal justice agencies but collate information displayed on their web pages from official sources.
However, people who want to obtain official physical or electronic records through official bodies or third parties may need to pay the designated fees.
Get Dona Ana County Criminal Records
Criminal records are documents with comprehensive details on people's criminal histories. The records contain arrest and charge information, criminal case dispositions, sentences, and parole and probation details. Eligible entities, such as employers in the public, healthcare, and financial sectors and certain individuals, can request criminal history information from the New Mexico Department of Public Safety. They can use the department's online fingerprinting service to submit their request or submit it manually. People looking to apply manually can visit the NMDPS main office during business hours at:
4491 Cerrillos Road
Santa Fe, NM 87507
Phone: (505) 827-9181
The department also honors requests from individuals who want to obtain their arrest records. Such persons must fill out the Authorization for Release of Information form and submit it to the NMDPS alongside a $15 fee. These records are typically used to verify criminal information accuracy or apply for expungement at a district court.
The next method for reviewing and copying criminal records is going through Dona Ana County courts. The county is served by New Mexico's Third Judicial District. Individuals can approach the District Clerk's Office to search for criminal case files or order copies. Generally, a person can submit a request by mail or in person., but they must pay for certification and duplication services if needed. To make a request, the individual must fill out and submit the Request for Copies and CDs Form at the following address:
Third Judicial District Court
201 West Picacho Avenue
Las Cruces, NM 88005
Phone: (575) 528-8316
The following are the fees attached to different services:
- $4 per CD/Tape duplication
- 35 cents per physical copy (black and white)
- $1 per copy (coloured)
- $1.50 per name search
- $5 per name search before 1986
- $1.50 per certified copy
- $4.50 per exemplified copy
Members of the public can also use the New Mexico Online Case Records Search System to view Dona Ana County criminal court records. The system allows people to search by name and case number. The name search uses other parameters to refine the search results, such as a driver's license number, date of birth, court location, case category, and filing and hearing dates. The database displays the following information:
- Criminal charge details (count, statute, specific charge, and plea).
- Case hearings, including the name of the hearing judge, hearing type, court, and hearing date and time.
- Register of actions, which includes filed motions, orders, and notices.
- Case parties, such as the defendants, plaintiffs, and judicial officers.
Dona Ana County Arrest Records Vs. Criminal Records
Arrest records are often mistaken for criminal records, but they are quite different. While criminal records also contain arrest information, they hold comprehensive details about the individual's criminal prosecution, sentencing, conviction, and criminal status. Members of the public can inspect a person's criminal records to determine whether they were convicted, have completed their sentence, or have pending charges.
Arrest records are more limited. They only contain information about a person's arrest, including the why, when, and where of the arrest. The documents may also reveal information about the accused individual's first arraignment and bond proceedings.
How Long Do Arrests Stay on Your Record?
New Mexico arrest information stays on an individual's criminal record permanently. However, people eligible for expungement can petition a court to expunge their records, ensuring the documents are not available for public inspection.
Expunge Dona Ana County Arrest Records
Expunging an arrest record in New Mexico means the public will no longer have access to said records. Custodial agencies will declare that such records do not exist in response to requests. However, criminal justice agencies can still access them, as the documents or files will not be permanently destroyed.
Arrest or conviction records will also be available during future criminal proceedings and employment background checks related to financial institutions under the regulation of the SEC (Security and Exchange Commission) or financial industry regulatory authority.
People who were arrested but never convicted because their cases were dismissed, they were found innocent, or they were never prosecuted can apply for expungement. They must wait at least one year after the case was disposed to apply for expungement.
Individuals who want to expunge records related to arrests and criminal proceedings that resulted in a conviction can also apply for expungement. However, they must not have been convicted of the following crimes:
- Offenses against children
- Offenses that caused death or bodily harm
- Sex offenses outlined in Section 29-11A-3, NMSA 1978
- Crimes related to embezzlement per Section 30-16-8, NMSA 1978
- Driving under the influence of intoxicating liquids or drugs
There are also waiting periods for individuals trying to expunge a conviction along with the accompanying arrest records:
- Two years for lower misdemeanors and municipal ordinances
- Four years for fourth-degree felonies and misdemeanors related to aggravated assault per Section 30-3-5 (B), NMSA 1978
- Six years for third-degree felonies
- Eight years for second-degree felonies
- Ten years for first-degree felonies and offenses outlined in the New Mexico Crimes Against Household Members Act
Eligible individuals must first obtain their arrest or criminal records from the Department of Safety, as they must attach the documents to their petition. Requesting the record costs $15 per check and involves completing and submitting the department's Authorization for Release of Information Form. Petitioners may also have to get their records from courts and other law enforcement agencies if they do not find those records with the DPS.
After obtaining the record, one must submit their petition to the Dona Ana County district court or the district court in the county where the arrest or the conviction happened, regardless of the court that handled the specific case. They must also send notices to the district attorney for Dona Ana County (or the involved county's district attorney) and the Department of Safety by first class mail, giving them thirty days to object to the petition.
Petitioners must also pay the $132 filing fee to the District Court Clerk when filing their petitions. If unable to pay, they can fill out and submit Form 4-222 NMRA (Application for Free Process and Affidavit of Indigency) to apply for a waiver.
Dona Ana County Arrest Warrants
Arrest warrants are judicial orders instructing law enforcement to take a person into custody and bring them before a judge. Generally, law enforcement officers must submit sworn written statements to a judge to establish reasonable grounds to arrest the individual that should be named in a warrant. However, officers can rely on hearsay so long as they find a credible source. Warrants can also be issued after an indictment is made against a person.
When issuing a warrant, the judge can question the affiant (the entity requesting the warrant) and witnesses in person. However, warrants can also be issued electronically if reasonable cause has been established.
Additionally, judges have the discretion to issue warrants without an indictment or sworn statement. In such cases, a warrant is issued to arrest individuals who have violated their probation, a court order, or a court appointment.
Arrest warrants in Dona Ana generally contain a defendant's name or description (if their name is not known), a description of the alleged offense, and the issuing authority's signature.
Be that as it may, Section 31-1-7, NMSA 1978, permits law enforcement officers to arrest individuals without warrants if they witness a crime or have reasonable cause to believe that someone has broken the law.
Dona Ana County Arrest Warrant Search
Some individuals may have active arrest warrants in Dona Ana County because they failed to attend traffic court, did not pay fines for minor traffic and city ordinance violations, or because of some other reason. Such parties can check with the local sheriff's office or court, or they may search the New Mexico Online Case Lookup System.
Do Dona Ana County Arrest Warrants Expire?
No. Dona Ana County arrest warrants remain active until a subject is apprehended and brought before the judge. However, the judge can squash or cancel the warrant whenever new evidence comes to light. The subject of the warrant can also turn themselves in or pay the required fine to clear the warrant.
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