San Miguel County Arrest Records

According to NM Stat § 29-10-3, arrest records are created by a law enforcement agency and they contain notations of the arrest, detention, indictment, or other formal criminal charge against a person. The NM Criminal Record Expungement Act defines arrest records as records identifying an arrested person or someone under investigation for a crime. These records include booking sheets, information gathered from the criminal record database, mugshots, and fingerprints. Arrest records exclude log books about breath alcohol testing equipment, computer-aided dispatch information, and DUI citations in the custody of the New Mexico Taxation and Revenue Department.

Requesters may find arrest records online or in person at city police departments, the San Miguel County Sheriff’s office, and District and Municipal Courts. For example, the New Mexico Courts Case Lookup is an online tool that individuals can use to view arrest records for free. This is possible because clerks typically include arrest information in their San Miguel County court records after hearing a case.

Are Arrest Records Public in San Miguel County?

According to the New Mexico Inspection of Public Records Act (IPRA). Anyone can inspect or copy arrest records in person at law enforcement agencies in San Miguel County (NM Stat §29-10-6). However, any arrest records whose release would interfere with the effectiveness of a criminal investigation or prosecution are not public. According to NM Stat § 29-10-4, arrest records that reveal confidential sources or information about individuals accused but not charged with a crime are confidential.

What Do Public Arrest Records Contain?

San Miguel County public arrest records contain the following information:

• Inmate ID number and mugshot
• Booking number and date
• Release date and type
• The inmate’s full name, date of birth, race, sex, height, weight, hair, and eye colors
• City, state, and zip code
• Charge information (number, statute, statute description, bond type, bond amount, and case number)

San Miguel County Arrest Statistics

The New Mexico Department of Public Safety (DPS) uses its Uniform Crime Report database to publish crime statistics of arrested persons in the state. The report shows that about 236 crimes were committed by arrested persons in San Miguel County in 2020. The majority of the arrestees were guilty of assault, larceny-theft, and burglary.

Find San Miguel County Arrest Records

The New Mexico Corrections Department (NMCD) houses over 6,000 inmates and publishes their arrest information online through the Offender Search portal. Searches are typically performed using the offender’s first and/or last name or NMCD Number. A search will return arrest information without charges. Individuals seeking copies of arrest records may visit the NMCD Adult Prisons to submit a request.

Members of the public may also find San Miguel County arrest records online or in person at federal law enforcement agencies. For example, the Federal Bureau of Prisons (BOP) provides arrest records online through its Inmate Locator using a number or name and in person at its facility during business hours. The U.S. Immigration and Customs Enforcement (ICE) also issues arrest records electronically using the Online Detainee Locator System and at its field offices or detention facilities. Portal users may need an A-Number or biographical details to conduct the search.

Free Arrest Record Search in San Miguel County

The San Miguel County Detention Center provides free arrest records online and by phone at (505) 454-7403. Phone calls should be made during business hours (Monday to Friday, 8:00 a.m. to 5:00 p.m.). The Detainee Lookup is a great tool for conducting an online search using a name or booking number.

Individuals seeking arrest records can also utilize third-party websites. They offer free access during preliminary searches, but a nominal fee may be required for more detailed reports. However, it is worth noting that these sites operate independent of official custodians. Hence, the accuracy and validity of the information they provide may not be guaranteed.

How Long Do Arrests Stay on Your Record?

San Miguel County arrests remain on record indefinitely, even if the charges are dismissed later. However, arrested persons can have their records expunged if they meet certain eligibility criteria. Generally, parole and probation files, penitentiary inmate files, and investigatory records of the attorney general are permanent. San Miguel County has a Functional Retention and Disposition Schedule (1.21.2 NMAC) that specifies how long law enforcement agencies can keep some arrest records. For example, juvenile inmate files are kept for 22 years, while accident reports and incidents involving fatalities are kept for 25 years. Additionally, criminal fingerprint identification is maintained for 99 years.

Expunge San Miguel County Arrest Records

Expungement is removing and not destroying a person’s arrest records from public access. The NM Stat § 29-3A highlights the eligibility criteria that must be met for an arrest record to be expunged in San Miguel County. Eligible petitioners can file an Expungement Application Form (Upon Conviction or Release without Conviction) form with the San Miguel County District Court at a fee of $132. The acceptable forms of payment are cash, cashier's check, and money order. The petitioner must also mail a copy of the petition to the San Miguel County District Attorney, the arresting agency, and NM Department of Public Safety (DPS). These agencies must respond to the petition within 30 days. After the response, the petition will be heard in court. If the petition is granted, the court will issue an expungement order to all relevant agencies, who must remove the petitioner’s arrest records from the public within 30 days.

San Miguel County Arrest Warrants

A San Miguel County court may issue an arrest warrant if an indictment or a sworn written statement establishes probable cause for doing so (N.M. R. Crim. P. Dist. Ct. 5-208). The warrant typically carries the judge’s signature and contains the defendant’s name. If the defendant’s name is unknown, the judge can state any name or an identifying description that can help locate the defendant. An arrest warrant will also describe the offense charged and a command that the defendant be arrested and brought before the issuing court. A San Miguel arrest warrant is usually directed to a law enforcement officer (NM Stat § 31-1-4).

Do San Miguel County Arrest Warrants Expire?

If a warrant for a person's arrest has been issued, they are subject to apprehension at any time by a law enforcement officer. This is because no arrest warrant in San Miguel County carries an expiration date. Therefore, warrant subjects are generally advised to address unexecuted warrants without delay.