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Santa Fe County Arrest Records
In Santa Fe County, arrests become necessary when law enforcement agents have sufficient evidence to suspect that an individual has violated the law. This may occur upon a criminal violation, upon findings from an investigation, or if a judge grants a warrant to the effect of an arrest. The Santa Fe County Adult Detention Facility holds arrested persons while they await trial, sentence, or other court proceedings.
“Arrest records," per New Mexico Statute § 29-3A-2, means records of identification of a person under arrest or investigation for a crime taken or gathered by a law enforcement agency. The Santa Fe County Sheriff’s Office is primarily responsible for generating arrest records within the county. These records are vital constituents of the criminal records segment of the entire Santa Fe County Court Records.
Are Arrest Records Public in Santa Fe County?
Yes. According to Section 14-2-1.2 of the New Mexico Statutes 1978, law enforcement records, including arrest records, are public in Santa Fe County. This means that individuals have the right to access these records unless specific exceptions apply. The underlying principle is that the public has a right to know about law enforcement activities, including arrests.
However, the Arrest Records Information Act (N.M. Stat. §§29-10-1 to -8) and Children’s Code (N.M. Stat. § 32A-2-32) outline certain circumstances where arrest records may be kept confidential. These exceptions include:
- Confidential sources and methods: Information that would reveal the identity of confidential sources or law enforcement techniques.
- Accused but not charged: Records about individuals accused of a crime but not formally charged.
- Ongoing investigations: Records whose disclosure could jeopardize an ongoing criminal investigation.
- Risk of endangerment: Records that, if released, could put someone's life in danger.
- Juvenile records: Arrest records of minors
What Do Public Arrest Records Contain?
The following information can be found in the Santa Fe County arrest record:
- Biometric information, which includes photographs, fingerprint impressions, and palm prints of the arrested person
- Personal details, such as the arrestee's complete name, birthdate, address, gender, and profession
- Visible body features, such as the arrestee's race and eye colour
- The date, time, and place of arrest
- Name of arresting agency and officer
- The offense, along with the code and description
- State arrest tracking number (assigned to the arrest record)
- The arrestee's state-issued personal identity number
- Bond amount
Santa Fe County Crime Rate
The most recent crime data made available in the Uniform Crime Reports of the New Mexico Department of Public Safety, revealed that 3,470 crimes were reported in Santa Fe County in 2020. Violent crimes accounted for 43.4% (1,505), while property crimes accounted for 56.6% (1,965).
Within the category of violent crimes, the most common offences are assault, forcible rape, and robbery. Of all violent crimes, assault accounted for 90.8% (1,367), with forcible rape coming in second at 5.6% (84) and robbery at 2.7% (40).
However, the top three property crimes were larceny-theft, burglary, and motor vehicle theft. Of all property crimes, 46.6% (916) were classified as larceny-theft, with burglary coming in second at 42.3% (831) and motor vehicle theft at 11.1% (218).
Santa Fe County Arrest Statistics
The Uniform Crime Reports on the Crime Data Explorer of the Federal Bureau of Investigation (FBI), also published arrest data revealing that Santa Fe County witnessed 501 arrests in 2022. Of these, 26.2% (131) were arrested for violent crimes, while 73.8% (370) were arrested for non-violent crimes.
Find Santa Fe County Arrest Records
The New Mexico Corrections Department (NMCD) provides an online offender search portal for the general. Requesters can use the search portal to look up details about prisoners and other correctional facility inmates. Most significantly, the portal offers details on the prisoners' current whereabouts and conditions. Requesters may be required to submit any or all of the following information, if accessible, to search the portal:
- Offender Last Name
- Offender First Name
- Offender Number
- NMCD Number
Requesters can conduct a search using the offender's NMCD number or last name. Because the convicts' numbers are distinct, a number search typically yields a more accurate search result. If the requestor is unsure about the inmate's ID number, they can use their last name to narrow down their search.
In a name-based search where the actual last name of the offender is unknown, searchers may enter the initial letters of the name. The search feature shows results for criminals with similar names, and the user can select a name to see further information. When a user searches for the term "Pat," for instance, information on offenders with names similar to "Patrick" and "Patricia" is returned in the search results.
County and municipal jails are not under the purview of the New Mexico Corrections Department (NMCD). Therefore, anyone who needs information about the county jail's inmates can contact the county sheriff or jail administrator.
Interested individuals can also use federal services to locate arrest records for Santa Fe County. Suspects in Federal Bureau of Investigation (FBI) arrests are normally detained in federal custody before their arraignment. Interested parties can conduct a name or number search on the Federal Inmate Locator to find the inmate's holding facility. The facility can then be contacted by them for more details. In the event that someone is arrested by Immigration and Customs Enforcement (ICE) in the United States, they can make use of the Online Detainee Locator System. They can request assistance from a local field office or, if known, the specific ICE detention facility if the necessary information is not readily available online.
Free Arrest Record Search in Santa Fe County
Residents can utilize the free resources provided by the Santa Fe County Sheriff's Office to search for arrest records in Santa Fe County. Requesters can submit an email request to the Sheriff's Custodian of Public Records to check the Sheriff's office records for arrest records. The Sheriff's Hotsheets is also a free online database that can provide requesters with details of criminal records including arrest records.
Get Santa Fe County Criminal Records
Santa Fe County criminal records are official documents created by law enforcement agencies that detail the criminal histories of individuals residing in Santa Fe County. The New Mexico Department of Public Safety manages and maintains these records.
On request, the public can get criminal history information from the New Mexico Department of Public Safety. Interested parties must fill out and submit an Authorization for Release of Information Form to request copies of this record. The form needs to be signed by a notary public. The department charges $15 for this service, which can be paid with a money order or cashier's check made payable to the Department of Public Safety. Typically, the processing period lasts seven to fifteen working days.
To obtain a copy of an arrest record, requesters must mail a completed request form along with money to:
Department of Public Safety
P.O. Box 1628
Santa Fe, NM 87504-1628
The Santa Fe County Sheriff's Office also has incident and accident reports available. To obtain these police reports, interested persons are to visit their office at:
Records Division
Public Safety Complex
35 Camino Justicia
Santa Fe, NM 87508
Phone: (505) 986-2400
Fax: (505) 986-2482
Santa Fe County Arrest Records Vs. Criminal Records
In Santa Fe County, criminal and arrest records are distinct but interconnected. Arrest records document instances where individuals are detained by law enforcement due to suspected criminal activity. These records typically include the person's identity, the charges filed, and the date of the arrest.
On the other hand, criminal records encompass a broader range of information, including detailed descriptions of offences committed, accusations made against the defendant, and any associated penalties or fines.
How Long Do Arrests Stay on Your Record?
In Santa Fe County, an arrest typically remains on a person's criminal record until it is sealed or purged. However, after a predetermined amount of time, local law enforcement authorities may destroy arrest records that they retained. Here, "retention" refers to how long authorities are supposed to keep records under their control.
Law enforcement agencies in New Mexico are required to keep their case files, which include arrest records, for ten years after the file is closed, as per the Functional Records and Disposition Schedules (FRDS). However, as per the legislation, they can destroy the records after this period.
Expunge Santa Fe County Arrest Records
In New Mexico, affected individuals have to file a court petition to have their arrest record expunged. An expungement makes the record invisible to background checkers and treated as though it never happened. The individual who was granted the expungement order might then assert that they were never detained. This is especially helpful when applying for a job or a lease (apart from positions at regulated financial institutions). It is worth noting that courts, law enforcement departments, and other criminal justice organizations can still obtain expunged records even though they are not accessible to the general public.
A person whose case was dismissed will need to wait a year to have their arrest record expunged under the New Mexico Criminal Records Expungement Act (CREA). Also, the individual must not be facing any pending criminal accusations or proceedings anywhere. On the other hand, for arrests that resulted in a conviction, a defendant is required to wait longer before requesting an expungement. The seriousness of the offense determines how long they must wait. For instance, those convicted of non-violent misdemeanors have to wait two years, whereas those convicted of felonies can't apply for parole for four to ten years. Moreover, the court has the authority to give these expungements, and the petitioner has to demonstrate that the expungement order will further justice.
The procedures for filing for an expungement in New Mexico are listed below:
- Interested persons are to complete the necessary New Mexico Court Expungement Forms, such as the petition for expungement, the order on the petition for expungement, and the notice of hearing. Along with the forms, supporting documentation is required, such as the individual's court, sentence, and arrest records.
- Submit the petition to the district court in the area where the arrest or case was heard. This is true whether a trial took place in a metropolitan or municipal court.
- Pay the $132 expungement cost via a money order, cashier's check, or cash. Requesters might, nevertheless, be eligible for a waiver.
- Provide certified postal copies of the petition and all accompanying documentation to the district attorney, the agency of Public Safety, and the relevant police agency.
- Await the date the court decides to hear the petition. The court will examine each party regarding their request at the hearing and address any objections.
- Await the court's ruling and its communication for approximately 30 days following the hearing. People who were denied their requests to have their records expunged may ask the Court of Appeals to review the ruling.
Santa Fe County Arrest Warrants
In Santa Fe County, arrest warrants are legal documents issued by a court that authorize law enforcement officers to detain a specific individual. According to New Mexico Rules of Criminal Procedure, Rule 5-208, these warrants are typically issued when a criminal action is docketed, although a summons is preferred unless the court determines that a warrant better serves the interests of justice.
Arrest warrants are issued when there is probable cause, demonstrated through an indictment or an affidavit, suggesting that a crime has been committed. This probable cause must be backed up by substantial evidence, which may include hearsay if there is a credible basis for the information. The court may require the person providing the affidavit to appear in person and may examine them and any witnesses under oath before issuing a warrant. The court also has the discretion to issue warrants remotely using authorized methods.
Arrest warrants is necessitated by the unlikeliness of a defendant to respond to a summon and appear voluntarily when charged with a serious crime. These warrants ensure that law enforcement has the legal authority to detain individuals while maintaining the integrity of the judicial process. An arrest warrant must be signed by the court and contain specific information, including:
- Name of the defendant or a description that identifies them
- The offence charged
- A command for the defendant's arrest and appearance in court.
- Conditions for the defendant's release in certain misdemeanour cases.
Santa Fe County Arrest Warrant Search
To find active warrants in Santa Fe County, residents can utilize resources provided by the Santa Fe County Sheriff's Office and the Santa Fe County Clerk.
Santa Fe County Sheriff's Office: Requesters can submit an email request to the Sheriff's Custodian of Public Records to check the Sheriff's office records for active warrants. The Sheriff's Hotsheets is also an online database that can provide requesters with details of criminal records that suggest the possibility of an existing warrant.
While the Clerk's office doesn't specifically search for active warrants, they might have relevant information in their public records. Requesters can follow the following steps to access these records:
- Online Self-Service Portal: This portal allows you to search for documents (potentially including warrants) with a credit card payment. Requesters can access these documents on the Santa Fe County Clerk's Office Online Self-Service Portal using the username “PUBLIC” and password “PUBLIC”.
- In-person Self-Serve Computers: The Clerk's office offers free computers to search records during business hours. Standard copy fees apply. Requesters should be aware that staff can only assist with computer searches for 15 minutes before an additional research fee may apply.
- Paid Search: The clerk's office staff can conduct a more thorough search, including searching by address, for a fee of $40 for the first 15 minutes and $40 per hour thereafter. This option should be considered if the free methods don't yield results and you have specific details about the potential warrant.
Do Santa Fe County Arrest Warrants Expire?
Arrest warrants in New Mexico, which includes Santa Fe County, typically have no expiration date. They often remain in force until the subject of the warrant appears in court, dies, or the court decides to revoke them.
The window of time within which a criminal case needs to be filed is known as the statute of limitations. In New Mexico, this deadline varies according to the type of offense. The maximum sentence for felonies and other major crimes is often three to six years. However, there is no time restriction for murder; therefore, an active warrant might exist indefinitely. The statute of limitations for misdemeanors, which are less serious crimes, is one to two years.