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New Mexico Criminal Records

New Mexico criminal records are comprehensive documentation of an individual's involvement in criminal activities within the state's jurisdiction. A criminal record typically features information about arrests, charges, convictions, and any other pertinent legal proceedings related to criminal offenses. Law enforcement agencies, courts, and other relevant authorities across the state handle these records. They play a vital role in the legal system, aiding in background checks, legal proceedings, and sentencing decisions.

Notably, New Mexico's criminal records are subject to specific regulations regarding accessibility, privacy, and expungement, as governed by state statutes and regulations.

Are Criminal Records Public in New Mexico?

Yes, criminal records are accessible to the public in New Mexico. The Inspection of Public Records Act (IPRA) in New Mexico is legislation designed to provide public and media access to government-held information, including criminal records. It mandates extensive accessibility to almost all public records at both state and local levels, with specific exemptions. IPRA ensures that individuals retain the right to seek legal action if they face obstacles in accessing public records, thereby serving as a vital mechanism for empowering public oversight and ensuring accountability.

Certain records are, however, restricted from public disclosure. These include records concerning medical care in institutions, employment references, personnel opinions, and law enforcement information, including details about confidential sources or uncharged individuals.

The Confidential Materials Act and attorney-client privileged information also restrict access, alongside strategic business plans and tactical response strategies with terrorism implications.

According to IPRA Chapter 14-2-1, personal identifiers such as Social Security Numbers (SSNs), full names, addresses (both residential and mailing), phone numbers, email addresses, driver's license numbers, passport numbers, date of birth, financial account numbers (such as account number and credit card data), and biometric data (such as fingerprints or facial recognition data) within public records can be redacted but do not exempt the records from review. Publicly accessible government websites cannot post unredacted records containing these personal identifiers.

New Mexico Crime Records by County

The NM DPS is mandated by the New Mexico State Statute, Chapter 29, Section 3, Paragraph 11, to serve as the central hub for collecting, analyzing, and reporting crime data. The NM Uniform Crime Report summarizes crime activities across agencies, counties, and the state using the FBI's UCR guidelines. Agencies use the FBI UCR handbook to ensure uniform reporting, emphasizing adherence to standardized crime definitions.

The report relies on contributions from city, county, state, and tribal agencies in New Mexico participating in the UCR program. These agencies submit monthly summaries of seven Part I offenses to the DPS Law Enforcement Records Bureau (LERB).

The NM DPS's latest Uniform Crime Report Summary as of 2020 indicates potential differences in crime rates among the state's most populous counties. Crime data specific to a county or locality in New Mexico can often be found through the local government or law enforcement. For example, the Bernalillo County Sheriff's Office provides crime data for Bernalillo County. Third-party aggregator sites also provide crime rates and statistics for areas within New Mexico.

New Mexico Criminal Record Check

NMAPS offers a fully electronic applicant background check solution, offering New Mexico residents a fast and convenient way to fulfill federal and state background check requirements.

Fingerprints are submitted electronically, and agencies receive responses within 24-48 hours from DPS and 48-72 hours from the FBI.

Parties can contact the agency where the application originated for updates.

For Manual Fingerprinting, individuals should visit NM DPS Headquarters at:

4491 Cerrillos Road,

Santa Fe,

New Mexico, 87507

Office hours: Monday through Friday, 8:00 AM to 4:00 PM

Cost: $9.00 for the initial two cards, With an extra charge of $2.50 per additional card.

Also, per New Mexico's Arrest Record Information Act (29-10-6(A)), individuals, their legal representatives, or authorized agents may access arrest record information in person. To request this information, interested parties must complete the Department of Public Safety's (DPS) Authorization for Release of Information form legibly and submit it, along with a $15.00 fee per record check in the form of a money order or cashier's check payable to the DPS. The form must be notarized and feature the original signature.

All adult arrest records are released upon receiving the authorization form and payment. "A Police Certificate of Good Standing," often required for immigration purposes, costs $33.00 with the background check.

Processing time ranges from 7-15 working days from receipt, and requests must be via mail. The attached release form may be duplicated for use.

Find Criminal Records Online in New Mexico

A great online resource for accessing criminal records in New Mexico is re:Search®NM, which is available through the New Mexico Courts website. Re:Search®NM provides access to criminal case information, including charges, convictions, and sentencing details.

Users can search for records through attorney information like the attorney's name(first and last), attorney number(CAID), date filed, etc.

This is a paid service, and costs may vary depending on the type of search or document requested.

Free Criminal Record Search in New Mexico

The New Mexico Judiciary Case Lookup allows free access but with certain limitations.

Re:Search®NM provides a 14-day trial before transitioning to a paid service.

Some third-party aggregator sites offer basic checks and even track prisoner movements. Users input names, state, address, and age to filter results. However, free searches may lack detail, while full reports often incur fees.

What Does it Mean if You Have a Criminal Record in New Mexico?

A criminal record in New Mexico can negatively affect employment options, housing, and education. It's also bad for loan and license eligibility, leading to stigma and discrimination. Immigration status and voting rights can also be impacted negatively. Criminal records pose obstacles to personal and professional growth in the state.

For these reasons, New Mexico's "Criminal Records Expungement Act," offers eligible individuals the chance to petition for the removal of certain criminal records. This Act, covered by Sections 29-3A-1 through 29-3A-7 NMSA 1978, helps individuals overcome barriers to employment and housing, providing a fresh start and improved life prospects.

Does Your Criminal Record Clear After 7 Years in New Mexico?

No, criminal records do not automatically disappear after 7 years in New Mexico. They remain on file according to agency retention schedules unless sealed or expunged.

Interested parties can petition for the expungement of certain records under the Criminal Records Expungement Act. Eligibility and waiting periods, however, vary.

Arrest Record Vs Criminal Record

An arrest record signifies involvement in a suspected crime. However, it doesn't imply guilt, whereas a criminal record indicates charges, convictions, or court proceedings. While an arrest record can affect reputation and employment, a criminal record, with its documented convictions or pending charges, carries more severe consequences, impacting employment, housing, and legal rights within the justice system.

New Mexico Police Records

Police records represent official documentation maintained by law enforcement agencies. They include incident reports, arrests, citations, and investigative records, offering detailed accounts of law enforcement activities. Unlike general criminal records, which detail an individual's entire criminal history, police records focus on specific events and interactions handled by law enforcement officers.

In New Mexico, police records are accessible under the Inspection of Public Records Act (IPRA). They provide details on incidents, arrests, citations, and law enforcement activities, making them available to the general populace.