Are Arrest Records Public in New Mexico?
Yes, arrest records are public in New Mexico. The New Mexico open records laws provide for the release of all information held by government agencies, with some exceptions. Arrest records are typically released to the public upon request unless they are sealed or expunged.
An arrest record is a document that contains information about an individual who has been arrested by law enforcement. The document includes the person's name, date of birth, physical description, and details about the arrest. New Mexico arrest records are generated when someone is arrested by law enforcement in the state. The arresting agency will create a record of the arrest, which will be sent to the New Mexico State Police. The State Police maintains a central database of all arrest records in the state. Local law enforcement agencies also maintain their own records of arrests made within their jurisdictions.
However, arrest records are not a substitute for New Mexico criminal records as criminal records often offer proof of conviction, and arrest records do not.
Who Can Access Arrest Records in New Mexico?
The statute that governs the distribution of arrest records in New Mexico is the Open Records Act. This act provides for the release of all information held by government agencies, with some exceptions. The act requires that all government agencies make their records available to the public upon request.
However, there are some exceptions to this general rule. For example, arrest records may be sealed or expunged under certain circumstances. Additionally, some information may be withheld if it is considered to be confidential.
Arrest records are public records in New Mexico. Anyone can request copies of arrest records from the State Police or from local law enforcement agencies. Employers, landlords, and others often use arrest records to screen potential employees or tenants. Individuals can also use them to check the backgrounds of people they are dating or considering doing business with. However, law enforcement agencies do not grant access to
- juvenile arrest records
- an arrest record sealed or expunged by a court order
- An arrest record that reveals the identity of the witnesses
What is Considered an Arrest Record in New Mexico?
An arrest record is an official document that records the details of someone who the police have arrested. Arrest records are important because they provide a record of someone's criminal history. Notwithstanding, they are not proof that the alleged criminal is guilty of the crime charged against them.
What Shows Up on an Arrest Record in New Mexico?
- The arresting agency
- The charges
- The name, age, and address of the individual
- A physical description of the individual
- The date and time of the arrest
- The location of the arrest
- The circumstances surrounding the arrest
- The name of the arresting officer or officers
- The name of the prosecuting attorney or attorneys
- Any other relevant information about the case
New Mexico Arrest Statistics
According to the FBI’s Uniform Crime Report, about 25,410 arrests occurred in New Mexico in 2021. Arrests for crimes against property totaled 3,681, crimes against persons totaled 7,806, and crimes against society totaled 13,924. The breakdown of the crimes with the highest level of arrests are:
- DUI - 2,414
- Vandalism - 1,045
- Simple Assault - 5,756
- Aggravated Assault - 1,828
- Larceny (Theft) - 1,335
- Drug Abuse Violations - 1,615
- All Other Offenses (Except Traffic) - 7,514
How Do I Lookup Someone's Arrest Records in New Mexico?
Interested members of the public can access New Mexico arrest records in several ways. The simplest and most direct method is to visit the sheriff's office in the county where the arrest occurred and request copies of the relevant documents. Alternatively, it is also possible to request arrest records from the state police or the Department of Corrections.
Requestors looking for arrest records from a specific county may start their search with the county sheriff's office. Each county in New Mexico has its own sheriff's office, and this is usually where local law enforcement agencies will send their reports and documentation. To obtain copies of arrest records from the sheriff's office, the requestor will need to fill out a public records request form. Once the form is completed, they will need to submit it to the office in person, by mail, or online.
Persons looking for arrest records from the state police or from the Department of Corrections will need to contact those agencies directly. The state police maintain a central repository of all criminal justice information in New Mexico, including arrest records. The Department of Corrections also keeps records of all inmates incarcerated in state prisons. The requester will need to fill out a public records request form and submit it to the agency in person, by mail, or online to obtain copies of these records.
How to Subpoena Arrest Records in New Mexico
A subpoena is a legal document that orders a person or organization to provide certain documents or testimony to a court. In the context of arrest records, a subpoena may be used to compel the release of records that are generally not public.
In New Mexico, arrest records are considered public information and are generally available to anyone who requests them. However, there are some exceptions. For example, records of juvenile offenders are not public.
Persons who need to subpoena arrest records in New Mexico should contact the clerk of court in the county where the arrest occurred. The clerk will have the forms necessary to subpoena the records.
The person requesting the records will need to fill out a form that includes:
- The name and address of the person or organization being subpoenaed
- A description of the records being requested
- The reason the records are needed
After the form is complete, it must be served on the person or organization being subpoenaed. This can be done by mailing the subpoena to the address listed on the form or delivering it in person.
The person or organization being subpoenaed has 20 days to respond to the subpoena. If they do not respond, or if they do not have the records requested, they may be held in contempt of court.
How to Search for an Inmate in the New Mexico Prison System
The New Mexico Corrections Department has an online database that interested members of the public can use to locate an inmate.
To use the database, requestors will need to know the inmate's name and date of birth. Users can also search by ID number if they have it. After entering this information, the user will see the inmate's current location, release date, and other related information.
Third-party sites also maintain databases of inmates with which the public can search. To use a third-party website, users must enter the inmate's name and state. Depending on the website, the user may also need to enter additional information or other search queries.
How Do I Find Out if Someone Was in Jail in New Mexico
It is possible to find out if someone has been in jail in New Mexico by searching the state's online database of inmates. This database is maintained by the New Mexico Department of Corrections and includes information on inmates who are currently incarcerated, as well as those who have been released within the past three years. To search the database, the user will need to know the inmate's name and date of birth. If they do not have this information, they can try searching for the inmate's name using a search engine. If the inmate has been released from jail within the past three years, their name should appear in the results.
If the user cannot find the inmate's name using the online database or a search engine, they can contact the New Mexico Department of Corrections directly. The department's website provides a mailing address, email address, and phone number.
How to Find Recent Arrests in New Mexico
Law enforcement agencies have online tools where individuals can find recent arrests in New Mexico. For example, the Bernalillo County Sheriff’s Office has a Custody List that can be used to retrieve arrest information of individuals held in custody. To locate this search tool, go to the Sheriff's website. Click on “Quick Links'' on the top menu. Then select “MDC Custody List” from the dropdown. This leads to the search page. Likewise, the Doña Ana County Sheriff's Office allows individuals to search for recent arrest records using their DAC Inmates Online tool. The requester will see a keyword search box where they can type a name or booking number. Also, there is a list of information on recent arrests in the county. A click on the booking number will lead to specific details about a person’s arrest, like a mugshot, booking details, personal information, and charges.
How Long Do New Mexico Arrest Records Stay on File?
In New Mexico, arrest records will remain on file indefinitely. However, eligible record holders may have their records expunged. Expungements are available for individuals arrested but not convicted of a crime and for those who satisfy the state's requirements for expungement.
To get an expungement, eligible persons must petition the court and show that they meet the eligibility requirements. If the court grants their petition, their arrest record will be sealed and unavailable to the public.
Another way to have an arrest record removed is through a pardon from the governor. A pardon refers to being forgiven for a crime. To be eligible for a pardon, the requestor must have completed their sentence and shown that they are rehabilitated and law-abiding citizens. Pardons are granted at the governor's discretion.
Are New Mexico Arrest Reports Open to the Public?
New Mexico arrest reports are public. An arrest report is a record that provides the details of an arrest. It contains a great deal of information about the arrest, like the name of the arresting agency and officer, the date and time of the arrest, the charges, the scheduled court date, annd notes and observations from the arresting officer. An arrest report is helpful in the future when prosecuting a crime. Also, it can be referred to when there is a dispute about the situation of the arrest or if a person wishes to contest an arrest or charges. An arrest report is usually available to the public by request. For example, the City of Roswell Police Department has an online tool that can be used to find arrest reports. Although arrest reports and arrest records are both public records, they are different. Arrest records are legal documents that list an arrested person’s biographical information and a list of offenses for which they were arrested.
How to Obtain Arrest Records for Free in New Mexico?
Arrest records in New Mexico are public records. This means that anyone can request and obtain copies of these records without paying a fee.
There are two ways to request arrest records in New Mexico:
- In-person: Requesters can visit the office of the local law enforcement agency where the arrest was made and request copies of the records in person.
- Online: The requesting party can also request arrest records online through the New Mexico State Police website.
When requesting arrest records, you will need to provide some basic information about the individual, such as their name and date of birth. may also be required to provide a valid photo ID.
How to Search for a New Mexico Arrest Record Online Using a Third-Party Search Service
When looking for an arrest record from New Mexico, there are a few different ways to go about it. One option is to use a third-party search service. There are many different companies that offer this type of service, and they can be found with a simple online search.
These services typically allow users to search by name or other identifying information. Haven found the company to use; the requestor will need to create an account and provide some basic information. This includes their name, email address, and credit card number.
After creating an account, the user will have access to the search function. The user may then enter the name of the person they are looking for into the search field. The arrest record will appear in the results if there is a match. The user can then view, print, or download the record as needed.
While using a third-party search service is one option for finding an arrest record from New Mexico, it is important to keep in mind that these services are not always up to date. In addition, they often charge a fee for their services.
How to Correct an Arrest Record in New Mexico?
Record-holders who find that their New Mexico arrest records have an error or inaccuracy may follow these steps to attempt to have the mistake corrected:
- Write a letter to the arresting agency that submitted the incorrect information to the central database, asking them to correct the record. Include their full name, date of birth, and any other relevant identifying information.
- If the arresting agency does not respond or refuses to correct the record, write a letter to the New Mexico Criminal Records Bureau requesting that they investigate and correct the error. Include their full name, date of birth, and other relevant identifying information.
- If neither the arresting agency nor the Criminal Records Bureau will correct the error, may file a petition in district court asking a judge to order that the record be corrected.
- Once the court issues an order, send a copy of it to the arresting agency and the Criminal Records Bureau, asking them to correct the record.
