New Mexico Arrest Records

Under the New Mexico Statutes (NMSA § 29-10-3), arrest records are described as any notation of arrest, detention, indictment, or formal criminal charge against a person made by a law enforcement agency. Arrest records are maintained by law enforcement agencies, such as county sheriff's offices and local police departments in New Mexico.

After an arrest in New Mexico, the arresting officer generally documents the arrest, outlining pertinent information about the arrest. These documents are, in turn, maintained by the New Mexico law enforcement agency that employs the arresting officer as arrest records. Interested persons can find contact information for New Mexico Law Enforcement agencies through the New Mexico Law Enforcement Directory link provided on the state Attorney General's website.

Some information inquirers can expect to find in New Mexico arrest records includes the arresting agency's name, the arrestee's full name, date of birth, address, physical description, mugshot, and other details about the arrest. An arrest record may also contain information regarding the charges lodged against the arrestee and details about the related court proceedings and their outcomes, such as acquittals, dismissals, and convictions.

Are Arrest Records Public in New Mexico?

It depends. Under NMSA §29-10-6, only certain eligible persons can access an individual’s arrest record information maintained by law enforcement agencies in New Mexico. These eligible persons include and are not limited to the subject of the record, their attorney, or an authorized agent.

However, under § 29-10-7, New Mexico law enforcement agencies can dispense certain arrest information to the public. Furthermore, The New Mexico Inspection of Public Records Act (IPRA), NMSA §14-2-1 1978, established the public’s right to access public records maintained by local and state agencies, including law enforcement agencies.

Regardless, sealed arrest records are generally inaccessible to the public. Furthermore, arrest records of those accused of committing a crime but not charged and those that reveal confidential sources, information, and methods are confidential under NMSA § 29-10-4.

How Do I Look Up Arrest Records in New Mexico?

In New Mexico, Interested persons can look up arrest records at the county, state, and federal levels through different law enforcement agencies responsible for maintaining and sometimes generating these records.

Local Law Enforcement Agencies: At the county level, record seekers can query local law enforcement agencies, like county sheriff offices and local police departments, for arrest records. To request public arrest information from these agencies, record seekers can submit a public record request to the agency. Some agencies, like the Rosewell police department provide a dedicated form requesters can complete and submit to make their record request. For agencies that do not offer a similar form, record seekers can draft a written request for the desired public arrest records and submit it to the agency. Written requests must contain information about the desired record that can be used to identify the record.

Many local law enforcement agencies also provide online access to public arrest information through online tools they maintain. These tools are usually found on the agency’s website, for instance, the Rosewell Police Department P2C online resource.

The New Mexico Department of Public Safety (NMDPS): The NMDPS Law Enforcement Records Bureau (LERB) serves as the central repository for criminal history records in New Mexico. The Bureau specifically maintains ​​statewide arrest information on persons arrested for felony, misdemeanor, and driving while intoxicated (DWI) offenses in New Mexico. Under NMSA §29-10-6, the subject of an arrest record, their legal representative, and an authorized agent are the only parties allowed to access arrest records maintained by the bureau.

Record seekers must submit a completed notarized authorization for release of information form (also available in Spanish) and the required fee ($15.00 per request) to the NMDPS. A money order or cashier's check made payable to the Department of Public Safety are two payment methods the NMDPS accepts.

**The Federal Bureau of Investigation (FBI): **New Mexicans can submit a written request for a nationwide search of their arrest records to the FBI's Criminal Justice Information Services Division. Note that the FBI charges a $18 processing fee for requests and only provides copies of the arrest records it maintains to the subject of the record.

Free Arrest Record Search in New Mexico

Interested parties can perform free searches for arrest records in New Mexico through tools offered by regional law enforcement agencies, such as county sheriff's offices, local police departments, and detention facilities. These include booking records and arrest logs. Examples are the Rosewell Police Department P2C online resource and the Bernalillo County Metropolitan Detention Center Arrest List.

How Long Do Arrests Stay on Your Record in New Mexico?

The New Mexico state statutes do not specify how long arrest record custodians must retain arrest records. Hence, arrest records may be retained indefinitely by the relevant agencies in New Mexico. The only way to ensure certain arrest records in a person’s criminal record are removed or hidden from public view is by petitioning the appropriate court to expunge or seal the record.

How to Seal Arrest Record in New Mexico

According to NMSA § 29-3A-2B, an individual in New Mexico may lawfully seal their arrest record, commonly referred to as record expungement, to keep a record of their arrest private. Although sealing an arrest record makes such a record inaccessible to the general public, certain government agencies and eligible entities may still be allowed access to the record.

To seal an arrest record in New Mexico, the arrest record must be eligible for record expungement under the New Mexico Criminal Record Expungement Act (NMCREA). With specific exemptions, arrest records resulting in misdemeanor and felony dismissals, acquittals, or convictions may be petitioned to be expunged under the Act. Furthermore, the Act also establishes automatic expungement of arrest and case records for certain offenses involving cannabis. It is advised to seek legal counsel from a certified attorney to determine whether an arrest record is expugnable in New Mexico.

Provided an arrest record is eligible for expungement under NMCREA, the record’s subject can petition the district court in the jurisdiction where the arrest took place to request expungement of the record. The petition must include the appropriate completed expungement request form and the required $132.00 fee. Most New Mexico district court's acceptable forms of payment include cashier’s checks, cash, or money orders. In certain cases, these fees may be waived. The expungement request form is available online via the New Mexico court forms directory, or it can be obtained by contacting a district court clerk's office.