New Mexico Court Records

The court system in New Mexico is organized into four tiers. At the base of the hierarchy are the courts of limited jurisdiction, which include the probate courts, municipal courts, magistrate courts, and the Bernalillo County metropolitan court. These courts handle specialized matters such as traffic violations, misdemeanors, small claims, and probate cases. New Mexico courts typically handle over 300,000 cases every fiscal year.

Probate courts handle uncontested estate matters, such as the administration of wills and the appointment of personal representatives. Their jurisdiction is limited, and more complex or disputed probate matters are referred to the district courts. Municipal courts adjudicate violations of city ordinances, such as parking tickets, noise violations, and minor misdemeanors, but do not have jurisdiction over felony or civil matters. Magistrate courts, which exist in every county, handle a broader array of cases, including misdemeanor criminal offenses, traffic violations, preliminary hearings in felony cases, and civil claims involving disputes under $10,000.

Unique to Bernalillo County is the metropolitan court, which handles cases typically under the jurisdiction of magistrates and municipal courts for the state's most populous county. The metropolitan court hears misdemeanor criminal cases, traffic violations including DWIs, civil cases under $10,000, and issues protective orders in domestic violence cases.

Next is the district court, which serves as the trial court of general jurisdiction. These courts hear a wide variety of cases, including felony criminal prosecutions, civil lawsuits of any dollar amount, family law matters such as divorce and custody, juvenile delinquency and child welfare cases, and probate disputes. District courts also serve as appellate courts for decisions from magistrate and municipal courts and handle administrative appeals from state agencies.

Appeals from district court decisions may be taken to the New Mexico Court of Appeals, the state's intermediate appellate court. This court was created to ease the caseload of the supreme court and hears most appeals as a matter of right. It reviews decisions from trial courts and certain administrative bodies. While the decisions of the court of appeals are binding, parties may petition the Supreme Court for further review if legal grounds exist.

At the top of the New Mexico court hierarchy is the New Mexico Supreme Court, which is the state's court of last resort. The supreme court has both appellate and administrative authority. It reviews cases involving constitutional issues, death penalty appeals, matters of significant public interest, and appeals from the court of appeals when it grants certiorari. The court also governs the entire judiciary by issuing rules of procedure, overseeing attorney licensing and discipline, and setting judicial ethics standards.

What Are the Types of Court Records In New Mexico?

Each court within the New Mexico judicial system maintains specific types of records, reflecting the scope of its jurisdiction and the nature of the cases it handles. As designated by the judiciary, clerks of court serve as the official custodians of court records. The records maintained by court clerks may include paper files, digital documents, and electronic dockets.

The types of records maintained by each court in the New Mexico judicial system include:

• New Mexico Supreme Court
• Opinions and Rulings: Final decisions on appeals involving constitutional and legal questions. These rulings set binding precedent for lower New Mexico courts.
• Case Dockets: Detailed entries of filings, briefs, and orders in appellate cases.
• Administrative Orders: Issuances governing statewide judicial policy, court operations, and rule amendments.
• Petitions for Certiorari: Formal requests to review decisions from the New Mexico Court of Appeals.
• New Mexico Court of Appeals
• Appellate Case Dockets: Listings of intermediate appellate cases, including civil, criminal, and administrative appeals.
• Court Opinions: Published and unpublished opinions interpreting New Mexico law.
• Motions and Briefs: Submissions by parties appealing or defending lower court decisions.
• Oral Argument Calendars and Audio: Scheduling and recordings of oral arguments presented before the appellate bench.
• New Mexico District Courts
• Criminal Case Records: Felony and serious misdemeanor cases, including indictments, motions, sentencing orders, and trial transcripts.
• Civil Case Records: Disputes involving contracts, torts, property, and equity claims.
• Family Law Records: Divorce, child custody, child support, and domestic violence orders.
• Probate and Estate Records: Wills, estates, guardianships, and conservatorships.
• Juvenile Cases: Delinquency matters and abuse or neglect proceedings.
• New Mexico Magistrate Courts
• Traffic Violation Records: Speeding, DUI, and other minor traffic offenses.
• Misdemeanor Case Records: Shoplifting, trespassing, and public nuisance cases.
• Preliminary Hearings in Felonies: Initial appearance and probable cause determinations for felony charges.
• Small Claims and Civil Disputes: Civil actions under $10,000.
• Bernalillo Metropolitan Court
• Criminal Misdemeanors and Traffic Cases: Local misdemeanor cases, including DUI, battery, and driving offenses.
• Civil Cases: Landlord-tenant disputes, debt collection, and contract claims under $10,000.
• Domestic Violence Orders: Petitions for protection orders in domestic cases.
• New Mexico Municipal Courts
• Traffic and Parking Infractions: Non-DUI traffic violations occurring within city limits.
• Misdemeanor Ordinance Violations: Infractions of municipal codes, such as noise violations or curfews.
• City Code Enforcement Cases: Nuisance abatement and housing code violations.
• New Mexico Probate Courts
• Wills and Estate Administration: Informal probate and management of estates without dispute.
• Guardianships and Conservatorships: For adults and minors when authorized by law.
• Name Changes: Legal name change petitions filed locally.

Are New Mexico Court Records Public?

Court records in New Mexico are generally public and accessible to requesters under the state's Inspection of Public Records Act (IPRA). While many court records are public, certain records may be restricted or sealed. For example, records involving juveniles, adoption, mental health proceedings, or cases with sealed documents are not publicly accessible. These records may be sealed to protect privacy or sensitive information. Additionally, some records may be redacted to remove confidential information.

How Do I Search New Mexico Court Records?

Per the New Mexico Case Access Policy for Online Court Records and the New Mexico Supreme Court Order, you may access public court records in the state in the following ways:

• New Mexico Case Lookup: This is the primary public portal for viewing electronic court records from municipal courts, metropolitan courts, magistrate courts, district courts, and New Mexico appellate courts. You may search court records by case number, party name, or attorney name. While docket information is available, full documents are not accessible through this portal. However, requests for court records prior to 1997 may be completed online via the New Mexico courts' IPRA requests page.
• re:Search®NM: This tool allows registered users to access Odyssey court case information and documents. It provides case details for civil, criminal, family, and probate matters across appellate, district, magistrate, and metropolitan courts. The tool is free to use for all registered users. Document download through the portal is also free.

How To Retrieve Court Records Offline

Offline access to New Mexico court records is available via in-person requests at courthouses. You may visit the clerk's office at the courthouse where the case was filed to inspect or request copies of court records. Also, under the New Mexico IPRA, you may submit a written request to inspect public records. While inspecting records is generally free, there may be fees for obtaining copies or certified documents. Standard copies of court records typically cost between $0.35 and $0.5 per page, while certified copies cost between $1.50 and $5 per document. Although online access is immediate, in-person requests for court records may take several days to process, depending on the court's workload and the nature of the request.

Can I Seal or Expunge a New Mexico Court Record?

Sealing and expungement are similar in New Mexico. According to Section 29-3A-2 of the New Mexico Statutes, expungement is the removal of a record from public access. While an expunged record remains on file, it is not accessible to the public. Sealing has similar effects to erasing a record. Individuals who have had their records sealed may deny that the event ever occurred.

According to the Criminal Record Expungement Act (CREA) in New Mexico, if a case did not result in a conviction, such as when charges were dismissed, the person was found not guilty, or no charges were filed, the individual may apply for expungement one year after the case concludes. However, if the person has any pending criminal charges, the court will not grant the request.

For conviction cases, expungement is still possible, but only if the offense is not excluded under CREA. Certain offenses are not eligible for expungement, including:

• Crimes committed against a child
• Offenses that resulted in serious bodily harm or death
• DUI and DWI offenses
• Embezzlement
• Sex crimes

If the offense is eligible, the individual must wait a certain number of years after completing their sentence before applying. The waiting period depends on the type and severity of the offense:

• 2 years for most non-violent misdemeanors
• 4-10 years for felony convictions, depending on the class
• 10 years for any misdemeanor or felony committed against a household member

In addition to meeting the waiting period, the person must have paid all restitution ordered by the court. Importantly, expungement is not automatic. The person must persuade the court that granting the expungement is in the interest of justice.

When reviewing a petition for expungement, the court considers several factors, including:

• The seriousness of the original offense
• The petitioner's age at the time of the offense
• Their overall criminal record and employment history
• How much time has passed since the conviction
• The potential consequences the petitioner may face if the request is denied
• Any objections raised by the prosecution

Note that the State of New Mexico only offers sealing for victims of human trafficking who commit crimes against their wills and for juveniles adjudicated delinquent for a crime.

Once you have determined your eligibility for expungement in New Mexico, you may submit a petition for expungement by following these steps:

• Obtain Your Records: Gather the necessary information about your case. Most of this information may be found in your law enforcement records from the New Mexico Department of Public Safety (DPS). Additional details may be available in your court records.
• Complete the Correct Forms: New Mexico courts require specific forms based on the type of record you want to expunge. For each case, you will need to complete:
• A Petition to Expunge
• A Notice of Hearing
• An Order on the Petition to Expunge
• Certificate of Service

These forms are available on the New Mexico Courts website.

• Review Each Court Case Separately: You may include more than one arrest or offense under a single court case, but you may only include one court case number per petition. If you are seeking expungement for multiple court cases, you must file a separate petition for each case.
• Attach Supporting Documents: Attach copies of important documents such as arrest records, court records, and sentencing orders. You may not submit all the documents, but you must include enough information to show the final outcome of the case, such as the case number, charges, disposition date, and judgment.
• Make Copies of the Documents: Before filing, make copies of your petition and all supporting documents for your records and for distribution to agencies.
• File the Petition in District Court: File your completed petition with the district court in the county where the arrest or charges took place (even if your original case was in a municipal or metropolitan court, or no case was officially filed).
• Pay the Filing Fee: There is a $132.00 filing fee for each petition. Acceptable payment methods include cash, money order, or cashier's check. If you cannot afford the fee, you may apply for a fee waiver.
• Notify Interested Agencies: After filing, send certified copies of your petition and all attachments to the following:
• The District Attorney's Office
• The New Mexico Department of Public Safety
• The law enforcement agency that made the arrest
• Attend the Court Hearing: The court will schedule a hearing after your petition is filed. You may be required to answer questions about your request, and the court will consider any objections from the notified parties.
• Wait for the Court's Decision: After the hearing, the judge has 30 days to issue a decision. If your petition is granted, your eligible records will be ordered expunged.

How To Search Federal Court Records in New Mexico

In New Mexico, federal cases are handled by the United States District Court for the District of New Mexico, which has multiple courthouse locations, including in Albuquerque, Roswell, Santa Fe, and Las Cruces. This court has jurisdiction over matters involving violations of federal law, civil rights cases, immigration offenses, federal crimes, and bankruptcy proceedings filed under federal statutes.

To obtain records from the U.S. District Court for the District of New Mexico, you can use the PACER (Public Access to Court Electronic Records) system. To use PACER, you must first create an account on the system. Searches may be conducted by case number, party name, or filing date. Accessing documents through PACER generally costs $0.10 per page, with a maximum charge of $3.00 per document. However, there is no charge if usage remains under $30 in a quarterly billing cycle.

Alternatively, you may request court records in person by visiting the courthouse where the case was filed. Requests may be made at the clerk's office during normal business hours. To obtain copies from the office of the clerk, you must provide details such as the case number, party names, or approximate filing date. Standard copy fees apply, typically $0.50 per page, and additional charges apply for certified copies.

How To Get New Mexico Court Records Online for Free?

You may access New Mexico court records online for free via the New Mexico Case Lookup and the re: Search®NM case search tools. However, re:Search®NM requires registration before use. Reliable third-party databases, such as peoplerecords.us, also provide free online access to public court records, including those maintained by New Mexico courts.