Grant County Arrest Records

In Grant County, law enforcement agents may arrest and detain persons suspected of committing a crime. After an arrest, the suspect is transported to the Grant County Detention Center, where they are booked and their arrest records are created. During the booking process, information about the arrest, the arrestee, and the arresting agency is retrieved and used to create an arrest record for the suspect. After being booked, an arrestee may be released on bail, discharged, or held in a detention center pending a court hearing.

An arrest record in Grant County may be defined as a document that contains information and details about an arrest, detention, indictment, or criminal charge filed against an individual (N.M. Stat. § 29-10-3). The Sheriff's Office and other police departments are usually responsible for maintaining arrest records in Grant County. However, records related to a court proceeding after an arrest may be found in Grant County court records.

Are Arrest Records Public in Grant County?

Yes, Per the New Mexico Inspection of Public Records Act (IPRA), members of the public have access to most of the public records created in Grant County, including arrest records. Furthermore, the New Mexico Arrest Record Information Act (§29-10-6 NMSA 1978) permits the inspection, copying, and request of arrest records from the relevant custodian in person or through authorized means.

However, there are a few exceptions, as the public’s right to these records is not absolute. For example, under NM Stat § 29-10-4, arrest records of persons who were not charged or that disclose confidential informants and witnesses are not readily available for public inspection.

In addition, juvenile records, records of ongoing investigations, or records that contain personal information such as a social security number or license information of the subject are usually redacted from public access. To access exempt records, interested persons must either obtain a court order/subpoena to that effect or have a substantial legitimate interest that may warrant the disclosure of such records.

What Do Public Arrest Records Contain?

Grant County public arrest records typically reveal the following information:

• The subject's complete name, sex, race, occupation, and aliases, if known
• Biometric details on the suspect, such as fingerprints, palm prints, and mugshots/ photographs
• The arrestee’s bodily descriptors or markers, such as eye color, hair color, tattoo,s or scars
• Arrest information, like the time, date, and location of arrest
• Information about the arresting agency and officer
• The description and code of the alleged offense(s)
• The State's identification number attached to the arrested individual
• The tracking number assigned by the state to the arrest record

Grant County Arrest Statistics

According to data available on the FBI’s Crime Data Explorer, Grant County has recorded a total of 239 arrests within the last five years. The most prevalent crimes for which residents were arrested included drug offenses, aggravated assault, and driving under the influence.

Find Grant County Arrest Records

The Grant County Sheriff's Office is the go-to for finding arrest records created in the County. Interested parties may submit written requests (as prescribed by the IPRA) to the Sheriff's Office in person, via US mail, fax, email, or other alternatives provided by the Sheriff's Office. The record requests should contain adequate description and information about the desired records, including the name, contact details, and return address of the requestor. Concerned persons may submit their requests to the sheriff's office at:

Grant County Sheriff's Office
1400 Highway 180 East
P.O. Box 1447
Silver City, NM 88061
Phone: (575) 574-0100

Besides, the New Mexico Corrections Department Offender (NMCD) provides the public with an Offender Search tool for easy access to arrest and inmate information. The offender's first/ last name or NMCD number is required to use this online search tool. Concerned persons may also request a criminal history record, which contains arrest information from the New Mexico Department of Public Safety (NMDPS).

Free Arrest Record Search in Grant County

Record seekers may make in-person queries to the sheriff's office and other police departments to perform a free arrest record search in Grant County. Free searches usually apply to inspecting or reviewing records maintained by the custodial office. Requesting copies of the documents or additional services typically attracts a charge.

Online resources, such as third-party websites are another alternative for searching Grant County arrest records free of charge. Concerned persons may utilize the numerous third-party websites available online to retrieve arrest records and information for free or at a nominal charge. These sites usually provide users with convenient options for a wide range of searches. However, most of the information contained in these sites may not be credible or reliable, as they are not affiliated with any official source.

How Long Do Arrests Stay on Your Record?

Generally, Grant County arrest records stay visible on a subject's criminal history permanently unless sealed or expunged. However, New Mexico's Functional Records and Disposition Schedules (FRDS) prescribe specific retention periods for created public records. Law enforcement agencies may destroy records of arrests and cases in their custody ten years after the case file is closed. In addition, the nature of the offense committed may affect the record retention period. For instance, records of arrests without conviction typically remain on the subject's records for a year after the date of the case's final disposition.

Expunge Grant County Arrest Records

Expungements in Grant County entail removing created arrest records and their related files from public access. Expunged records are not publicly available but may be accessed by authorized law enforcement agencies, courts, and other criminal justice agencies. The New Mexico Criminal Records Expungement Act (Sections 29- 3A-1 through 29-3A-7 NMSA 1978) and Expungement of Arrest Records and Related Public Records (Rule 10.2.2 NMAC) govern the expungement process in Grant County.

Generally, the steps required to process an expungement in Grant County are as follows:

• Fill out the appropriate expungement application form obtained from the New Mexico Courts website.
• Obtain other necessary supporting documents, such as arrest records available with the DPS.
• File the petition with the court of jurisdiction in Grant County.
• Pay the expungement fee of $132 via the approved payment means( cash, money order, or cashier’s check).
• Serve copies of the filed petition and supporting documents to the DPS, district attorney, and the police department in charge of the arrest.
• Attend the fixed court hearing to answer questions about the petition.
• Wait for the court to make and publish its decision (usually 30 days after the hearing).

Under the State's expungement laws, records of dismissed arrests may be expunged after one year, provided there is no pending charge or litigation. On the other hand, records of arrests that lead to a conviction may be eligible for expungement between two to ten years after the case disposition, depending on the severity of the crime. Interested applicants may query the relevant authorities or legal professionals to obtain specific information on processing their expungement.

Grant County Arrest Warrants

Grant County arrest warrants are authorized court documents issued by a court for the arrest of an individual in relation to a crime. According to state laws, a court in Grant County may only issue an arrest warrant based on an indictment or sworn statement showing probable cause for the arrest (Rule 5-208 NMRA). The probable cause for an arrest may be based on substantial evidence or hearsay from sworn witnesses.

A Grant County arrest warrant will typically include the defendant's name, alias, or physical description. The alleged charges, the current location of the suspect(if known), and a directive to bring the defendant before the issuing court are also included in an issued arrest warrant.

Do Grant County Arrest Warrants Expire?

No, There is no specific expiration date for arrest warrants issued in Grant County. However, an arrest warrant typically expires once a law enforcement agent arrests a named defendant and brings such a person before a court. An issued arrest warrant remains valid and becomes outstanding for as long as the subject evades arrest or becomes a fugitive. In cases where the defendant dies or turns themselves in, a court may decide to recall or quash the issued arrest warrant.