New Mexico Public Record Law
The New Mexico Inspection of Public Records Act, codified in the New Mexico Statutes Annotated Section 14-2-1, stipulates that citizens may access public records. Per the law, all persons have the right to inspect public records, including documents, recordings, and materials related to public business, kept by state and local government entities in New Mexico. The Act aims to promote transparency and accountability while boosting public trust in government activities.
Where Do I Submit a Public Record Request in New Mexico?
New Mexico does not have a central office for submitting public records requests. Instead, each government agency is responsible for handling its own records requests. Each state and local agency designates an officer, called the record custodian, to receive, process, and respond to public records requests under the Inspection of Public Records Act.
Consequently, record seekers may direct their record request to the appropriate agency that maintains the records they seek. You may visit their official website to get the contact details of the record custodian and information on how to submit your public record requests.
How Do I Request Public Records in New Mexico?
Interested persons may request public records in New Mexico by taking the following steps:
- Identify the agency that holds the records you seek.
- Submit a written request. Requests may be in person, by mail, email, or fax.
- Provide identification, if necessary. Generally, identification is not required for standard public records. However, sensitive records may require verification of identity.
- Pay the required fees. New Mexico permits record custodians to charge fees for copying the records.
Some public records may be accessible on third-party sites. These platforms aggregate records from government sources. However, they are not always reliable. Oftentimes, they do not have the most recent records, leading to misinformation.
What Records Are Public in New Mexico?
There are numerous public records open to New Mexico residents. The commonly requested public records in the state are listed below:
- Vital Records: Death records, birth certificates, divorce decrees, and marriage certificates. Generally, access to these records may be restricted to the record owner, their legal representatives, immediate family members, and persons with a court order.
- Property Records: Deeds, building permits, zoning and land use permits records, land survey and plats, mortgage records, and property tax assessment.
- Judicial/Court Records: The New Mexico court system comprises District Courts, Metropolitan Courts, Magistrate Courts, Probate Courts, and Municipal Courts. Frequently requested court records in the state include criminal case files, civil case files, dockets, small claims records, probate records, and judgments.
- Law Enforcement Records: These include sex offender records, criminal history reports, inmate records, and crime statistic reports.
- Government Financial Records: These records include budgets, audit reports, contacts, procurements, and expenditure reports.
Who Can Request Public Records in New Mexico?
Under the New Mexico Inspection of Public Records Act, any person has the right to inspect or obtain copies of public records maintained by state and local agencies. The term "person" is broadly defined to include not only natural individuals but also entities such as corporations, partnerships, companies, firms, and associations.
What Is the Response Time for Public Records Requests in New Mexico?
Per Section 14-2-8 of New Mexico Statutes, public agencies may respond to records requests as soon as practicable but no later than 15 calendar days after receiving the request. If the request is extensive or requires additional time, the agency may notify the requester within the 15-day window.
What Is the Fee Charged for Providing Copies of Public Records?
New Mexico IPRA permits record custodians to charge a fee for copying public records. There are no fees associated with inspecting, compiling, or reviewing the records in the state. Per state law, the cost to copy public records may not exceed $1.00 per page for standard copies. Larger documents may incur higher fees depending on the agency's policies.
What Records Are Exempted Under the New Mexico Public Law?
While New Mexico IPRA ensures public access to government records, certain documents are exempt from public inspection to protect privacy, security, and other sensitive interests. These exempted records include:
- Medical and mental health records
- Confidential letter of reference concerning employment
- Law enforcement records that reveal confidential sources, confidential information, or individuals accused but not charged with a crime.
- Personal identifier information such as birth dates, financial account numbers, and Social Security numbers
- Juvenile and child in need of care records
- Grand jury proceedings
- Trade secrets and confidential business information
- Attorney-client privilege
- Tactical security and terrorism response plans
- Letters or memos containing personal opinions about employees or students