Are New Mexico Records Public?

Under the Inspection of Public Records Act (IPRA), most records maintained by New Mexico agencies are presumed public. The IPRA states that all information must be accessible to the media and public in New Mexico except where a certain law states otherwise. Anyone seeking records can approach the relevant New Mexico public department and submit a request. The act provides access to various records, including memorandums, surveys, reports, meeting minutes, and other records paid for with public funds or created for a state or local governmental agency. Records seekers can also get copies of records like:

• Maps
• Plans & surveys
• Financial documentation
• Electronic files
• Photographs

Records requesters can range from individuals to partnerships, corporations, and establishments working with a governmental body under an agreement or contract to maintain and handle public records.

Who Can Access New Mexico Public Records?

The Inspection of Public Records Act states that "every person" can access and request public records in New Mexico. Furthermore, records requesters need not be state residents. Record requesters can approach any governmental agency of interest and request records from the designated custodian. Records custodians must give out copies within the stipulated period without prejudice to any requester.

Although records can be requested in writing or verbally, most agencies recommend written requests. A written application creates documented evidence that requesters can use when filing an appeal. It also helps the records custodian handle requests, especially large ones. The custodian can make a copy of the entire record or give out a memo or abstract from the records.

Records requesters must pay attention to the guidelines set by governmental agencies for records requests, as some departments will require request submission while others use forms for requesters to fill.

Note: Records custodians in New Mexico must respond to records requesters within three business days and furnish a copy of requested records within 15 days of receiving the request.

Do I Need to State My Purpose and Use When Requesting Public Records in New Mexico?

The New Mexico Inspection of Public Records Act provides that records requesters are not required to declare a statement of purpose when requesting records. Public records are open to inspection, and custodians should not request identification. All records requesters are equal and will be treated equally. Residents and non-residents can apply for records, and any request for identification is generally for determining the requester’s eligibility and whether a fee waiver can be applied. Fee waivers are given in certain situations and at the records custodian’s discretion.

What Records Are Public in New Mexico?

The Inspection of Public Records Act states that records held and maintained by public governmental bodies in New Mexico are public records, and anyone can access and inspect them within work hours. Documents and files maintained by private bodies and quasi-governmental agencies are also public records. These are records held and maintained on behalf of a governmental body based on an agreement or contract. Some examples of common public records include New Mexico property records, inmate records, sex offender records, New Mexico death records, and New Mexico property records.

New Mexico Public Court Records

Court records refer to files, documents, memos, and electronic archives compiled and created during a court case. These records accumulate when a party files a suit at a New Mexico court. The courts maintain the records and manage them with the help of designated court clerks. These court clerks manage and maintain records such as:

• Judgments
• Court orders
• Court indexes
• Calendars
• Pleadings
• Transcripts
• Court filings

Records seekers can access public court records in New Mexico, whether they are residents or non-residents. New Mexico courts use a Court Case Lookup online platform for easier court records search. This platform allows Name search, Case number search, and DWI search.

You can search using information like name, date of birth, court type, case category, and location. Records seekers can also go to the courts to meet with the court clerks and submit records requests. Classified or confidential information will be redacted or removed from copies with unclassified information.

New Mexico Public Criminal Records

Criminal records include information and documents evidencing an individual or group’s criminal and conviction history. Criminal records in New Mexico are public records accessible to residents and non-residents, except where a law restricts or redacts such information. As part of its duties under the New Mexico Department of Public Safety, the Law Enforcement Records Bureau maintains New Mexico criminal records. Records seekers can use online Fingerprinting and Background Checks to conduct a criminal record search.

New Mexico Department of Public Safety

Law Enforcement Records Bureau

4491 Cerrilos Rd.

P.O Box 1628

Santa Fe, NM 87507

Criminal records searches can also be done at New Mexico courts with the help of court clerks. Records seekers can request court records on an individual’s criminal history and convictions. The details required to be provided to the records custodian for easier records search include the registrant’s name, case file number, arresting officer, and date of birth. Criminal records can be subject to certain redaction laws, like protection of personally identifiable information, and such will be withheld or redacted when making record copies.

New Mexico Public Arrest Records

New Mexico Arrest records contain details and information on arrests made by law enforcement agents within their jurisdictions. However, it's important to note that arrest records are not criminal convictions and cannot be interpreted as such. Anyone can approach the state police department and local sheriff’s offices to request arrest records, whether resident or non-resident in New Mexico. Such records are public except where restricted by law. These records are maintained and handled by local sheriff's offices and state police departments, and record seekers should approach the relevant department in the relevant jurisdiction to make a record request. To get New Mexico arrest records, you must provide relevant details to aid the custodian’s search. Such information includes the arrest location, arresting agency, booking date, and personal details of the arrested individual.

New Mexico Public Bankruptcy Records

Bankruptcy records are created when a company, partnership, or individual files and processes bankruptcy. These records contain financial details such as the amount of debt, existing assets, a list of creditors with credit advanced, and the chapter under which the bankruptcy was filed. Bankruptcy records are public records and, therefore, accessible to residents and non-residents of New Mexico.

The United States Bankruptcy Court, District of New Mexico, serves as the primary custodian for bankruptcy records in the state. Records seekers can use the Public Access to Court Electronic Records platform to conduct public bankruptcy records searches in New Mexico. The bankruptcy court can also be approached by record seekers for record inspection and requests during work hours.

United States Bankruptcy Court

District of New Mexico

333 Lomas Blvd.

NW, Suite 360

Albuquerque, NM 87102

(505) 415-7999

(866) 291-6805 - Toll-free

web_ops@nmb.uscourts.gov

New Mexico Public Birth Records

Birth records refer to documentation on births and birth certificates recorded within New Mexico. The New Mexico Bureau of Vital Records and Health Statistics maintains and keeps New Mexico birth records. Records seekers can approach the records custodian to access certain birth records of interest. However, some related information, like the date of birth, place of birth, and registrant’s name, will be required to process the birth records search.

The Bureau of Vital Records and Health Statistics also uses physical record request submission and online certificate request forms to take record requests. Requesters must provide their identification where required to ensure their applications are processed.

New Mexico Department of Health

Bureau of Vital Records and Health Statistics

Harold Runnels Building

1190 S. St. Francis Drive

Santa Fe, NM 87505

1-833-SWNURSE (1-833-796-8773)

New Mexico Public Death Records

Death records document details, files, and death certificates on all deaths within New Mexico. Death records are public under the Inspection of Records Act and accessible to residents and non-residents of New Mexico. The Bureau of Vital Records and Health Statistics, Department of Health maintains and handles New Mexico death records. Records seekers can also approach the county clerk to obtain a copy of death records. Records seekers must give the county clerk some details to help search the records, like

• Date of death
• Full name of the deceased
• Place of death
• Full name of the deceased’s spouse
• Full name of the deceased’s parents
• Relationship of the requester to the deceased

The requesters must pay any required fees and provide valid government-issued identification to verify their identities, such as military ID, a US passport, or a driver’s license.

New Mexico Department of Health

Bureau of Vital Records and Health Statistics

Harold Runnels Building

1190 S. St. Francis Drive

Santa Fe, NM 87505

1-833-SWNURSE (1-833-796-8773)

New Mexico Public Marriage Records 

Marriage records refer to files, documents, and electronic archives on legally joined couples in New Mexico. The Bureau of Vital Records and Health Statistics, Department of Health maintains New Mexico marriage records. Records contain information such as the parties who joined, names of witnesses, place of marriage, parents’ names, wedding officials, and the date of marriage. Records seekers must provide certain details, such as the date or place of marriage and the couples’ names, to help the county clerk’s record search. The county clerk can be approached during weekday work hours to request marriage records. The Bureau of Records and Health Statistics also has online avenues for records seekers to request marriage certificates.

New Mexico Department of Health

Bureau of Vital Records and Health Statistics

Harold Runnels Building

1190 S. St. Francis Drive

Santa Fe, NM 87505

1-833-SWNURSE (1-833-796-8773)

District of New Mexico

333 Lomas Blvd.

NW, Suite 360

Albuquerque, NM 87102

(505) 415-7999

(866) 291-6805 - Toll-free

web_ops@nmb.uscourts.gov

New Mexico Public Divorce Records

Divorce records refer to documentation and details on the dissolution of marriages within New Mexico. Residents and non-residents of New Mexico can get copies of divorce records from the Domestic Relations Division, Second Judicial District Court of New Mexico.

• Divorce records provide details of a marriage dissolution, such as:
• The divorcing parties’ names
• Terms of divorce
• Grounds for divorce
• Court where the divorce petition was filed.

Records seekers can also approach family courts in New Mexico to get copies of divorce records from the court clerks. To obtain copies, requesters must provide certain information to aid the records search, such as the names of parties and the marriage details.

New Mexico Public Inmate Records

Inmate records include files, documents, and electronic archives on convictions and incarcerations within New Mexico. Such records are considered public and, therefore, accessible to residents and non-residents of New Mexico. The New Mexico Corrections Department maintains and handles public inmate records for offenders housed by the state. However,  county and city jails are under the care of the local sheriffs and city police. Inmate records are important for getting information like a convict’s full name, ID, age, date of birth, and location.

Requesters can approach the department for records request submission or use the Offender Search platform to make a records search. Confidential information will be redacted or removed before requesters furnish copies of the records sought.

New Mexico Corrections Department

4337 NM 14, Santa Fe NM 87508

P.O. Box 27116, Santa Fe, NM 87502-0116

(505) 827-8645

(505) 383-2804 - Inmate Records

(866) 416-9867 - Parole/Probation Office

New Mexico Public Sex Offender Information

In compliance with the New Mexico Sex Offender Registration and Notification Act (SORNA), New Mexico maintains an online registry of sex offenders. It contains details of individuals who have been convicted of sexual offenses within New Mexico. Records seekers can use the online sex offender registry to make a records search or approach any law enforcement agency in your neighborhood to get a list of sex offenders in your area.

New Mexico Department of Public Safety

Law Enforcement Records Bureau

4491 Cerrilos Rd.

P.O Box 1628

Santa Fe, NM 87507

New Mexico Public Property Records

Property records refer to all information and documentation on property alienation and ownership or property title within New Mexico. These records are public and accessible to anyone who approaches the public governmental agency maintaining property records. The Real Estate Commission, New Mexico Regulation and Licensing Department maintains and administers public property records for New Mexico. County Assessors can also be approached to get certain information regarding properties in the relevant counties.

New Mexico Regulation and Licensing Department

Real Estate Division

2550 Cerillos Road, Santa Fe

NM 87505

5500 San Antonio Dr.

Albuquerque, NM 87109

What is Exempted Under the New Mexico Public Records Act?

Public records cannot contain information redacted or made private by law. Where custodians’ records search turns up confidential and non-confidential records, the non-confidential records are furnished to requesters while confidential information is withheld or redacted. Examples of exempted information are

• Welfare details
• Donor names
• Medical information
• National Guard and Militia information
• Examination details
• Academic information
• Credit card digits, personal identification details, access codes, and digital certificates

How Do I Find Public Records in New Mexico?

Anyone can approach the relevant governmental agency to request or inspect their records. Alternatively, members of the public can use online government records platforms to make a records search or submit your records request. These online directories make it more convenient to get access to records.

While requesters can use oral or written request submissions, written submissions are best. Written submissions aid large request processing and serve as evidence when filing an appeal. Oral requests will suffice for small records requests, and records seekers must provide some relevant information to the records custodians, such as:

• Name of file
• Registrant’s name
• Case number
• Officials on record
• Full name of requester and contact details
• Description of records of interest

Note: There are fees to be paid to signal the completion of your records request submission. Ensure that you state that your records request are under the provisions of the Inspection of Records Act.

Can I Find Free Public Records in New Mexico Using Third-Party Sites?

New Mexico public records may be available on some third-party platforms. Third-party sites are sometimes organized with records arranged by county or jurisdiction, making record search easier. Depending on the platform, requesters may be able to get records like birth records, death records, inmate records, bankruptcy records, criminal records, and court records. Records seekers must provide the correct relevant index or keyword to conduct their records search. Such details can be the registrant’s name, filing date, or location of an event. Ensure that information from third-party sites is crosschecked with government-approved data or sources. You will usually not be required to provide identification when using third-party sites.

How Much Do Public Records Cost in New Mexico?

Public record fees are determined by the volume of the records, the services rendered, and the use of the records. Although records custodians can give waivers when certain conditions are met, records sought for commercial use typically incur a fee,. Generally, New Mexico records charges are not over $1 per page and do not include the cost of gathering the records. Extra labor in gathering the records will be paid for, usually at the normal rate of the governmental agency’s employee.

Note: Large records requests usually require such extra labor, and records seekers will be furnished with an invoice for a fee estimate before the record request is processed.

What Happens if I Am Refused a Public Records Request?

Records custodians maintain public records for governmental agencies and also manage the issuance of copies to records seekers. Custodians can deny requesters access to certain records for various reasons. It could be privacy reasons or legal reasons.

However, the custodians must indicate the reason for denying a records request in their response to the requester. Requesters will generally get a response from custodians within three business days and a copy of the records within 15 days. If the records are not furnished or the reason for denial seems unfair, you can use any of the following options:

• Start a civil action to force the release of records sought
• Petition an appeal within 90 days of getting the denial response.
• Begin another records request using corrections from the errors of the prior request.