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New Mexico Public Records

A New Mexico public record is any document or file that includes information about public business or the official functions of government/public agencies.

According to the Inspection of Public Records Act (IPRA) of New Mexico, public records are accessible for public examination or copying except legally excluded by state law or court order. As long as the requested records are subject to public disclosure, every government entity in charge of maintaining such records must make them available to interested members of the public.

One of the fundamental liberties granted to citizens in a democracy is the right to access public records. These records offer the public insight into government operations, which in turn helps to promote accountability and transparency.

Are New Mexico Records Public?

Yes. In New Mexico, records are public. Public records are accessible to the public, unless a legal exemption applies, as stated by the Inspection of Public Records Act (IPRA). Per Section 14-2-1 (A)(B), certain parts of the records may be redacted, made available only by court order, or made available to a limited group of people. Agency-specific grounds for maintaining records private may differ from general ones, but non-disclosure is typically justified by the belief that confidential information is safer kept out of the reach of the general public. Based on the New Mexico Inspection of Public Records Act, here are a few reasons records exempt from public disclosure:

  • Documents relating to medical care and assessments, both mental and physical, of individuals housed in institutions;
  • Reference letters for work, licenses, or permissions;
  • Letters or memoranda that express opinions and are kept in student or personnel files;
  • Documents from law enforcement that disclose proprietary sources, techniques, details, or names of suspects who are not prosecuted;
  • Trade secrets, confidential information between attorneys and clients, and long-term or strategic business strategies for public hospitals were all addressed in a legally convened closed meeting;
  • Risk assessments, tactical emergency security procedures, or tactical response plans or procedures created for the state or a political subdivision of the state, the release of which could make known particular vulnerabilities or make it easier for a terrorist attack to be planned or carried out;
  • Records that include private information used to identify an individual, such as social security numbers, birth year, and all but the last four digits of a driver's license, taxpayer identity number, or financial account number.

New Mexico Public Records Act

New Mexico's Public Records Act is the Inspection of Public Records Act, as contained in the 1978 New Mew Mexico Statutes (NMSA). Chapter 14, Article 2, compiled in keeping with the federal Freedom of Information Act, states that all public records received and maintained by state agencies should be released to the public on request, except where records are exempted from disclosure by state laws.

Since an informed electorate is essential to a representative government, the legislature intended the Inspection of Public Records Act to guarantee that everyone has access to as much information as possible about governmental affairs and the official actions of public servants.

All records used, created, received, maintained, or held by any public body and pertain to public business are referred to as "public records." This definition applies whether or not the records are required by law to be kept or created.

Here is a list of records that fall under the category of public records in New Mexico:

  • Driving records
  • Tax records
  • Car ownership records
  • Marriage records
  • Voting records
  • Trial transcripts
  • Criminal records
  • Case information and court records

How Do I Find Public Records in New Mexico?

Public Record retrieval procedures in New Mexico may vary based on agency. However, there are general steps to follow when seeking any public record. Here are a few steps to follow to retrieve any record or interest:

  1. Identify the record(s) required and its custodian:

Every public record in existence has a matching state agency tasked with preserving and making available any form of public record of interest. Anyone seeking access to any public record must first determine what kind of material is required and which agency possesses it before beginning a search. For example, one may consider contacting the New Mexico Division of Vital Records to obtain someone else's birth or death certificate.

  1. Establish the agency's access requirements and the availability of the records:

Almost every New Mexico public records custodian has a website where inquirers can submit requests for public documents or find the agency's contact details for any inquiry. Most of the time, the public can verify whether the record they are looking for is available by using the agency's search engine or by contacting them directly. As long as the records are accessible and not legally excluded from disclosure, all public entities are required by the New Mexico IPRA to make them available to the public. Inquirers will also be required to furnish the custodian with a case number, page number, docket details and the name and birth date or the record holder to streamline the search.

  1. Prepare and Submit Public Records Request:

The next step is to file and submit a formal request for the record after determining its custodian and search requirements. Inquirers may request this verbally over the phone or in writing by fax, email, or internet. Nonetheless, the IPRA states that a written request must be submitted to benefit from the inspection rights granted by the act fully. This suggests that a custodian of public data is not penalized for failing to reply to an oral request. Frequently, the requester must complete a request form, which can typically be downloaded in PDF format from the agency's website. The requester's contact information and specifics of the record of interest must be included in the request. A requester may receive the requested records within 1 to 15 days of filing a legal request.

  1. Pay Inspection fees and receive access to inspect records:

Depending on the nature of the search, inquirers may be required to pay to access a public record. Records are released in three main formats: printed copies, downloaded copies, and transmission copies. Since the costs of each of these formats differ, the fees to be paid depend on the requester's preference. The requester is given access to the relevant papers in either textual or electronic format after the processing fees have been paid.

Find New Mexico Public Records Free

Access to public records in New Mexico can be obtained for free through two different methods: in-person and online. Most organizations would provide interested requesters with a public access terminal at their actual office location, or they would only provide an internet search engine where people could easily search and examine the available information at no cost.

The following agencies provide these options:

  • The New Mexico Secretary of State Office offers in-person and online access to public data such as financial disclosures, independent expenditures, campaign finance random examination reports, and so on.
  • New Mexico Courts offer the general public online access to court records of the Appellate, District, Magistrate, Metropolitan, and Municipal courts through the Case Lookup tool for free.
  • The New Mexico Commission of Public Records, State Records Center, and Archives provide the public with in-person and online access to public records.

What Happens if I Am Refused a Public Records Request?

There are a few reasons why a public record request may be denied in New Mexico, and these include exemption of records from disclosure, misdirection of record access request, nonexistence of requested record, or insufficient search criteria.

According to IPRA Section 14-2-11, if a record request is turned down, the custody agency must give the requester a written explanation explaining the records they are looking for and the names, titles, and positions of the people who made the decision. This written explanation must be sent no later than 15 days after receiving the inspection request.

A written request for examination may be subject to an action to enforce the examination of the Public Records Act's provisions, and the requester may be awarded damages if the custodian fails to produce or send a written explanation of refusal within fifteen days of the request being received. If it is found that the failure to give an explanation for the denial promptly is unreasonable, damages will be granted.

How Long Does It Take to Obtain a New Mexico Public Record?

When a records custodian receives a written request for a record, they are required by Section 14-2-8(D) of the New Mexico Inspection of Public Records Act to make the record available as quickly as possible, depending on the circumstances. When a written request is presented to the custodian, if access is not granted within three business days, the custodian must notify the requester in writing when the data will be made available or when the agency will reply.

Additionally, a custodian may grant an extra reasonable time to comply with a written request if they believe it to be unduly burdensome or broad. Within fifteen days of receiving the request, the custodian must inform the requester in writing that more time would be required to respond to the written request. Suppose the custodian needs to allow the records to be seen within a reasonable time. In that case, the requester may consider the request rejected and pursue the remedies available under the Inspection of Public Records Act (IPRA).