New Mexico Criminal Records

Recent crime statistics indicate that New Mexico has one of the highest violent crime rates in the nation, with approximately 7.8 violent crimes per 1,000 residents. Overall, the state experiences a crime rate of about 37.65 per 1,000 people. New Mexico criminal records are official documents that detail an individual's criminal history (within the state), including arrests, warrants, charges, convictions, sentencing information, and jail/incarceration records.

Criminal records in New Mexico are created and maintained by a range of law enforcement and judicial entities, including local police departments, sheriff's offices, magistrate and district courts, and the New Mexico Corrections Department. However, the New Mexico Department of Public Safety (NMDPS) serves as the central repository for criminal history information in the state, with its Law Enforcement Records Bureau overseeing the collection, storage, and dissemination of these records.

Are Criminal Records Public in New Mexico?

Criminal records are generally considered public records in New Mexico and may be accessed by interested members of the public in compliance with state law, primarily the New Mexico Inspection of Public Records Act and the New Mexico Arrest Record Information Act.

Per these laws, certain criminal records are deemed confidential and exempt from public disclosure. These include juvenile criminal records, medical and mental health-related information, expunged records, records about ongoing investigations, and records that may compromise the safety of the informants, witnesses, or other involved parties if disclosed.

How To Look Up Criminal Records in New Mexico?

Individuals who wish to obtain official criminal records in New Mexico may do so by requesting a background check through the state's Department of Public Safety (NMDPS). These requests may be made by submitting a notarized Authorization for Release of Information form to the department at:

Note that the form must be legibly completed and submitted with an original signature (not a photocopy or digital signature). There is a $15 fee per record check, which should be in the form of a cashier's check or money order made payable to "New Mexico Department of Public Safety". Requests are typically processed within 7 - 15 working days.

In addition, the NMDPS offers fingerprinting services for individuals who are required to perform fingerprint-based national or state background checks (usually for certain licensing or employment purposes). Fingerprints may be submitted to the department electronically via approved vendors or manually to the NMDPS's headquarters located at:

There is a $9 fee for the first two fingerprint cards plus $2.50 for each extra card. Note that additional fees may apply for fingerprints submitted electronically. For inquiries or further assistance concerning background checks and fingerprinting, contact the NMDPS at (505) 827-9181.

How To Search New Mexico Arrest Records?

Arrest records in New Mexico are created and maintained by law enforcement agencies within the state, primarily local police departments and county sheriff's offices, but also state-level agencies that carry out arrests, like the New Mexico State Police. A New Mexico arrest record typically contains:

• The arrestee's full name, age, sex, and physical description
• The date, time, and location of the arrest
• The offense(s) that resulted in the arrest
• Details on the arresting agency and officer
• Booking information

You can typically access New Mexico arrest records by submitting a request directly to the law enforcement agency that made the arrest - this may be done via mail, in person, or online (if the agency has a web portal). Many sheriff's offices and police departments in New Mexico also maintain online arrest logs or inmate search tools that may be used to access arrest information. In addition, arrest information may be accessed via a statewide background check obtained from the NMDPS. Note that fees will apply, and the available information will be limited to felony, misdemeanor, and DWI-related arrests.

How to Search New Mexico Warrants?

Warrants in New Mexico are legal orders issued by judges, magistrates, or other duly authorized judicial officers that authorize law enforcement to take specific actions, like arresting a person, carrying out a search, or seizing personal property. Common types of warrants in the state include:

• Arrest Warrants: These authorize the arrest of individuals suspected of committing a crime.
• Search Warrants: These give law enforcement officers to search a specific location for evidence and also to seize items from this location.
• Bench Warrants: These are issued when a person fails to appear in court, pay court-imposed fees/fines, or violates a court order, and authorize law enforcement to apprehend the person.

New Mexico warrants typically remain valid indefinitely, meaning that the warrant will stay active until it is executed or quashed by the issuing court. However, search warrants must be served within 10 days of issuance or they become void, and a new warrant will have to be obtained. Interested parties may get information on warrants in New Mexico by contacting the appropriate court in the county where the warrant was issued or the local law enforcement agency charged with executing the warrant. Some counties also provide online warrant look-up tools or public warrant lists that may be used to glean this information. However, it should be noted that, in some cases, warrant information may be withheld to protect ongoing investigations or sensitive legal matters.

Can I Obtain a New Mexico Criminal History Record of Another Person?

You may obtain an official copy of another person's New Mexico criminal history record from the state's Department of Public Safety (NMDPS), but only with the person's authorization. To this end, you will be required to submit an Authorization for Release of Information form that has been signed by the record's subject to the NMDPS at:

Note that the department only processes forms with original signatures (meaning that a form submitted with a photocopied or digital signature may be refused), and the completed form must also be notarized before submission. You will be charged a $15 fee (per request), and requests are usually processed within 7 - 15 days. Contact the NMDPS's Law Enforcement Records Bureau at (505) 827-9181 for more information.

How To Expunge or Seal New Mexico Criminal Records

In New Mexico, expungement is the legal process of removing criminal records from public access, ensuring that arrests, convictions, and case details are no longer visible to most parties. However, it should be noted that expunged records are not completely destroyed and may still be accessed by criminal justice agencies as well as certain non-criminal justice agencies in limited circumstances, usually employment-related. Expungements in New Mexico generally fall under three categories: conviction expungements, non-conviction expungements, and identity theft-related expungements, and the legal framework for these expungements is outlined in the state's Criminal Record Expungement Act.

Per this law, individuals may get arrests and/or convictions expunged from their records provided they meet certain requirements, which include:

• The record must be eligible for the process. Certain offenses, including crimes against children, sex offenses, embezzlement, and DUI/DWI violations, are not eligible for expungement in New Mexico.
• Any imposed sentences, including fines and restitution obligations, must have been completed.
• The stipulated waiting period must have elapsed. This period is determined by the type of record/severity of the offense and ranges from two years for misdemeanors to ten years for first-degree felonies. Likewise, individuals who were arrested but not convicted for a municipal ordinance violation, misdemeanor, or felony are typically required to complete a one-year waiting period before requesting an expungement.

The expungement process generally involves the following steps:

• Gather relevant documents - this typically includes records of the arrests and/or convictions to be expunged.
• File a Petition to Expunge with the court of jurisdiction (necessary forms may be obtained from the court clerk's office).
• Serve a copy of the petition to relevant agencies, such as the law enforcement agencies involved in the arrest, the district attorney's office, and the state's Department of Public Safety.
• Attend any scheduled hearings - the hearing date is typically set after the petition has been reviewed for completeness. During the hearing, interested parties (including victims) are usually allowed to present their objections to the expungement.
• Receive the court's decision - an order granting or denying the expungement is typically issued within 30 days of the hearing.

If granted, the order will stipulate the time frame during which necessary agencies must expunge the records. However, individuals are advised to follow up with all agencies holding their records to ensure that this has been done. Likewise, individuals who have their expungement requests denied may appeal the decision to the New Mexico Court of Appeals.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in New Mexico?

The use of criminal records for employment, licensing, and housing decisions in New Mexico is limited by certain laws and regulations. These include the federal Fair Chance Act and the New Mexico Criminal Offender Employment Act, which prohibit employers from asking individuals about criminal histories during initial job applications and using a person's arrest or conviction record as an automatic barrier to employment. New Mexico also follows the federal Fair Credit Reporting Act, which requires employers and landlords to obtain written consent before performing background checks through third-party services and notify applicants if an adverse decision is made based on the report.

Likewise, the state adheres to federal employment and housing guidelines that encourage the individualized assessment of applicants and frown on policies involving the blanket rejection of individuals with a criminal record. Licensing boards in New Mexico are also generally required to evaluate criminal history in a reasonable, case-by-case manner, with consideration to mitigating factors like the time since conviction, rehabilitation, and the offense's relevance to the licensed occupation.

Can I Access New Mexico Criminal Records for Free Online?

While many third-party websites claim to offer online access to New Mexico criminal records for free (or a nominal fee), these sources are often unreliable, outdated, or incomplete. For accurate New Mexico criminal record information, it is best to request a background check from the NMDPS's Law Enforcement Records Bureau or utilize reliable resources like the New Mexico Courts' Case Lookup platform and NewMexicoPublicRecords.us.