New Mexico Arrest Records

New Mexico Public Records /New Mexico Arrest Records

Are Arrest Records Public in New Mexico?

Yes. Arrest records in New Mexico are generally considered public under the Inspection of Public Records Act (IPRA, NMSA 1978 § 14‑2‑1 et seq.), which guarantees the public's right to inspect government documents unless a specific exemption applies. Law enforcement agencies, including the New Mexico Department of Public Safety (DPS), typically provide access to arrest records for individuals who request them, subject to legal requirements. Courts also maintain related criminal case records, accessible through the judiciary's public portals.

However, certain information is restricted. Arrest records that did not result in formal charges—such as dismissals or acquittals—may be withheld or redacted under exemptions for sensitive law enforcement records. In contrast to some states, juvenile arrest records in New Mexico are not automatically protected and must be released like adult records unless another law restricts the content.

What Law Governs Access to Arrest Records in New Mexico?

The primary legislation governing access to arrest records in New Mexico is the Inspection of Public Records Act (IPRA), codified in Chapter 14, Article 2 of the New Mexico Statutes Annotated (NMSA). This comprehensive law establishes the public's right to inspect and copy public records maintained by governmental bodies in New Mexico.

IPRA operates under the fundamental principle that all persons are entitled to the greatest possible information about governmental affairs and the official acts of public officers and employees. The law specifically states that providing access to public records is an essential function of government and an integral part of the routine duties of public officers and employees.

Additional regulations affecting access to arrest records include:

The Criminal Record Screening Act (NMSA 1978, §§ 28-2-1 to 28-2-6), which limits how criminal records can be used for employment purposes
The Arrest Record Information Act (NMSA 1978, §§ 29-10-1 to 29-10-8), which governs the dissemination of arrest record information
The Criminal Offender Employment Act (NMSA 1978, §§ 28-2-1 to 28-2-6), which provides protections for individuals with criminal records seeking employment

These laws collectively establish a framework that balances the public's right to information with individual privacy rights and the need to protect sensitive information related to law enforcement activities.

What Information Is Included in a New Mexico Arrest Record?

A typical arrest record in New Mexico contains comprehensive information about an individual's encounter with law enforcement. These records generally include:

Full legal name of the arrested individual
Aliases or known nicknames
Date of birth and age at time of arrest
Physical description (height, weight, eye color, hair color)
Photograph (mugshot)
Fingerprints
Date, time, and location of arrest
Arresting agency and officer information
Charges filed (including statute numbers and charge descriptions)
Booking information
Case or docket number
Bail or bond information
Court appearance dates
Disposition of the case (if available)
Warrant information (if applicable)

Arrest records are distinct from criminal history records, which provide a more comprehensive overview of an individual's interactions with the criminal justice system, including convictions, dismissals, and other case outcomes. Arrest records specifically document the circumstances of an individual being taken into custody by law enforcement.

How To Obtain Arrest Records in New Mexico in 2025

Obtaining arrest records in New Mexico can be accomplished through several official channels, depending on the specific information needed and the agency that maintains the records. The primary methods include:

Direct Agency Request: Contact the law enforcement agency that made the arrest. Most agencies have procedures for requesting records in person, by mail, or online.
New Mexico Department of Public Safety (DPS): The DPS maintains the central repository for criminal history information in the state.

New Mexico Department of Public Safety
4491 Cerrillos Road
Santa Fe, NM 87507
(505) 827-9300
New Mexico Department of Public Safety

Public counter hours: Monday-Friday, 8:00 AM to 5:00 PM (excluding holidays)
County Sheriff's Offices: Each county maintains records of arrests made within their jurisdiction.
Municipal Police Departments: City police departments maintain records of arrests made within city limits.
New Mexico Courts: The Administrative Office of the Courts provides access to court records related to arrests.

New Mexico Administrative Office of the Courts
237 Don Gaspar Avenue
Santa Fe, NM 87501
(505) 827-4800
New Mexico Courts

Public counter hours: Monday-Friday, 8:00 AM to 5:00 PM (excluding holidays)

To request arrest records, you typically need to submit:

A completed records request form (specific to each agency)
Valid government-issued photo identification
Any applicable fees
Specific information about the record being requested (name, date of birth, date of arrest, etc.)

Processing times vary by agency but typically range from 7-30 business days for standard requests.

How to Find Arrest Records Online in New Mexico

New Mexico offers several online resources for accessing arrest records digitally:

New Mexico Courts Case Lookup: The New Mexico Judiciary's Case Lookup portal provides access to court records, including those related to arrests and criminal cases.
New Mexico Department of Public Safety Online Records: The DPS offers online criminal history record checks for authorized purposes.
County Sheriff's Office Websites: Many county sheriff's offices maintain online inmate lookup systems or arrest logs. For example:
- Bernalillo County Sheriff's Office Inmate Lookup
- Doña Ana County Detention Center Inmate Search
Municipal Police Department Websites: Larger city police departments often provide online access to recent arrest information.
New Mexico Corrections Department Offender Search: For individuals who have been convicted and sentenced, the NMCD Offender Search provides information about current inmates.

When using these online resources, be aware that:

Information may not be comprehensive or up-to-date
Some systems require registration or payment
Certain sensitive information may be redacted
Records may not include dismissed charges or expunged records

Who Can Access Arrest Records in New Mexico?

Under New Mexico law, access to arrest records varies depending on the requester's status and purpose:

General Public: Most basic arrest record information is available to any member of the public through IPRA requests, though certain information may be redacted.
The Arrested Individual: Persons have the right to access their own arrest records in full.
Law Enforcement Agencies: Have complete access to arrest records for legitimate law enforcement purposes.
Criminal Justice Agencies: Courts, prosecutors, public defenders, and corrections departments have access for official duties.
Government Agencies: May access records for background checks for sensitive positions.
Employers: Limited access for background checks, subject to restrictions under the Criminal Offender Employment Act.
Researchers and Journalists: May access records with certain personal identifiers redacted.
Attorneys: May access records related to their clients or cases.

Access restrictions may apply to:

Records related to ongoing investigations
Juvenile records (generally confidential under NMSA 1978, § 32A-2-32)
Records sealed by court order
Information that would constitute an unwarranted invasion of personal privacy

Are There Fees for Obtaining Arrest Records in New Mexico?

Yes, there are fees associated with obtaining arrest records in New Mexico, though they vary by agency and request type:

New Mexico Department of Public Safety:

Name-based criminal history check: $15.00
Fingerprint-based criminal history check: $44.00 (includes FBI check)

County Sheriff's Offices and Police Departments:

Fees typically range from $5.00 to $25.00 per record
Additional fees may apply for certified copies

New Mexico Courts:

Court records: $0.50 per page for copies
Certified copies: $1.00 per page plus certification fee

Additional Fee Information:

Many agencies charge search fees even if no records are found
Rush processing may incur additional fees
Payment methods vary by agency (cash, check, credit card, money order)
Some agencies may waive fees for certain requesters (e.g., indigent individuals, government agencies)

Under IPRA, agencies are permitted to charge "reasonable fees" for copying public records, not to exceed $1.00 per page for documents 11" x 17" or smaller. Agencies may also charge actual costs for copying larger documents, records in electronic format, or audio/video recordings.

How Long Are Arrest Records Kept in New Mexico

New Mexico does not have a universal retention period for arrest records. Instead, retention periods vary based on several factors:

Law Enforcement Agencies: Generally maintain arrest records indefinitely, though policies vary by agency.
New Mexico Department of Public Safety: Maintains criminal history information permanently unless records are expunged by court order.
Court Records: The New Mexico Judicial Records Retention and Disposition Schedules establish retention periods based on case type:
- Felony cases: 25 years after final disposition
- Misdemeanor cases: 10 years after final disposition
- Traffic cases: 3-5 years after final disposition
Juvenile Records: Generally sealed when the individual turns 18, with exceptions for serious offenses.
Detention Facilities: Booking records typically maintained for 5-10 years.

Even when physical records are destroyed according to retention schedules, electronic records or database entries may be maintained for longer periods. Additionally, private background check companies may maintain copies of arrest information indefinitely, even after official records have been destroyed or sealed.

What Information Is Redacted or Restricted in New Mexico Arrest Records?

When arrest records are released to the public in New Mexico, certain information is typically redacted or restricted to protect privacy and sensitive information:

Personal Identifiers:
- Social Security numbers
- Driver's license numbers
- Financial account numbers
- Dates of birth (may be partially redacted)
- Home addresses of victims, witnesses, or certain protected individuals
Sensitive Information:
- Medical and mental health information
- Information about confidential informants
- Details that would compromise ongoing investigations
- Information about victims of sexual offenses
- Child abuse information
Juvenile Information:
- Records pertaining to juvenile arrests are generally confidential under NMSA 1978, § 32A-2-32
Sealed or Expunged Records:
- Information related to arrests that have been sealed or expunged by court order
Law Enforcement Techniques:
- Information about specialized investigative techniques
- Details that would reveal security procedures

The redaction process is governed by IPRA exceptions outlined in NMSA 1978, § 14-2-1(A), which specifies categories of information exempt from disclosure. When records are redacted, agencies are required to provide a written explanation citing the specific legal basis for each redaction.

How To Seal or Destroy Arrest Records in New Mexico

New Mexico law provides several pathways for individuals to seal or expunge arrest records under specific circumstances:

Expungement of Arrest Records (NMSA 1978, § 29-3A-1 to 29-3A-9):
- Available for arrests that did not result in conviction
- Available for arrests where charges were dismissed
- Available for arrests where the individual was acquitted
Conditional Discharge (NMSA 1978, § 31-20-13):
- For first-time offenders who successfully complete probation
- Results in dismissal of charges without a conviction
Juvenile Record Sealing (NMSA 1978, § 32A-2-26):
- Automatic in many cases when juvenile turns 18
- Must petition court for certain serious offenses
Criminal Record Expungement Act (NMSA 1978, § 29-3A-1 to 29-3A-9):
- Provides for expungement of certain conviction records after waiting periods
- Waiting periods vary based on offense severity

The process typically involves:

Filing a petition with the court where the case was handled
Paying filing fees (typically $132, though fee waivers may be available)
Attending a hearing (in some cases)
If granted, obtaining a court order directing all relevant agencies to seal or expunge records

Once records are sealed or expunged, the individual may legally deny the arrest or conviction occurred in most circumstances, with exceptions for certain government agencies and licensing boards.

What Are the Limitations on the Use of Arrest Records in New Mexico?

New Mexico law places several important restrictions on how arrest records can be used, particularly in employment and housing contexts:

Employment Limitations (Criminal Offender Employment Act, NMSA 1978, § 28-2-1 to 28-2-6):
- Employers cannot inquire about arrests not resulting in conviction
- Public employers cannot automatically disqualify applicants based on criminal records
- Convictions must be "reasonably related" to the job to be considered
- Employers must consider: nature of crime, relation to job duties, time elapsed, and rehabilitation evidence
Housing Limitations:
- Public housing authorities have specific guidelines for using criminal history
- Private landlords should ensure screening policies don't have disparate impact on protected classes
Licensing Restrictions (NMSA 1978, § 28-2-3):
- Licensing boards cannot automatically deny licenses based on criminal records
- Convictions must be "directly related" to the occupation or profession
Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681):
- Background check companies must follow federal FCRA requirements
- Requires notification before adverse action based on background check
- Requires accuracy in reporting criminal history information
Discrimination Concerns:
- Policies that disproportionately impact protected classes may violate federal and state anti-discrimination laws
- The New Mexico Human Rights Act prohibits discrimination in employment, housing, and public accommodations

Violations of these limitations can result in civil liability, administrative penalties, and in some cases, criminal charges for misuse of records.

Lookup Arrest Records in New Mexico

State Repository for Criminal History Records

New Mexico Department of Public Safety - Law Enforcement Records Bureau
4491 Cerrillos Road
Santa Fe, NM 87507
(505) 827-9181
New Mexico Department of Public Safety

State Police

New Mexico State Police
4491 Cerrillos Road
Santa Fe, NM 87507
(505) 827-9300
New Mexico State Police

State Department of Corrections

New Mexico Corrections Department
4337 NM 14
Santa Fe, NM 87508
(505) 827-8600
New Mexico Corrections Department

State Court System

New Mexico Administrative Office of the Courts
237 Don Gaspar Avenue
Santa Fe, NM 87501
(505) 827-4800
New Mexico Courts

Attorney General's Office

New Mexico Office of the Attorney General
408 Galisteo Street
Santa Fe, NM 87501
(505) 490-4060
New Mexico Attorney General

County Sheriff's Offices

Bernalillo County Sheriff's Office
400 Roma Avenue NW
Albuquerque, NM 87102
(505) 468-7100
Bernalillo County Sheriff's Office
Doña Ana County Sheriff's Office
845 N. Motel Blvd.
Las Cruces, NM 88007
(575) 525-1911
Doña Ana County Sheriff's Office
Santa Fe County Sheriff's Office
35 Camino Justicia
Santa Fe, NM 87508
(505) 986-2455
Santa Fe County Sheriff's Office
Sandoval County Sheriff's Office
1500 Idalia Road, Building D
Bernalillo, NM 87004
(505) 867-7526
Sandoval County Sheriff's Office
San Juan County Sheriff's Office
211 S. Oliver Drive
Aztec, NM 87410
(505) 334-6107
San Juan County Sheriff's Office
Valencia County Sheriff's Office
1206 NM-314
Los Lunas, NM 87031
(505) 866-2400
Valencia County Sheriff's Office
McKinley County Sheriff's Office
201 W. Hill Avenue
Gallup, NM 87301
(505) 722-7205
McKinley County Sheriff's Office
Lea County Sheriff's Office
1417 S. Commercial Street
Lovington, NM 88260
(575) 396-3611
Lea County Sheriff's Office
Chaves County Sheriff's Office
1 St. Mary's Place
Roswell, NM 88203
(575) 624-6500
Chaves County Sheriff's Office
Otero County Sheriff's Office
3208 N. White Sands Blvd.
Alamogordo, NM 88310
(575) 437-2210
Otero County Sheriff's Office

Municipal Police Departments

Albuquerque Police Department
400 Roma Avenue NW
Albuquerque, NM 87102
(505) 242-2677
Albuquerque Police Department
Las Cruces Police Department
217 E. Picacho Avenue
Las Cruces, NM 88001
(575) 528-4200
Las Cruces Police Department
Santa Fe Police Department
2515 Camino Entrada
Santa Fe, NM 87507
(505) 955-5033
Santa Fe Police Department
Rio Rancho Police Department
500 Quantum Road NE
Rio Rancho, NM 87124
(505) 891-5900
Rio Rancho Police Department
Roswell Police Department
128 W. Second Street
Roswell, NM 88201
(575) 624-6770
Roswell Police Department

Federal Agencies Operating in New Mexico

Federal Bureau of Investigation (FBI) - Albuquerque Field Office
4200 Luecking Park Avenue NE
Albuquerque, NM 87107
(505) 889-1300
FBI Albuquerque
U.S. Marshals Service - District of New Mexico
333 Lomas Blvd. NW, Suite 180
Albuquerque, NM 87102
(505) 346-6400
U.S. Marshals Service - District of New Mexico
U.S. Courts – District of New Mexico
333 Lomas Blvd. NW, Suite 270
Albuquerque, NM 87102
(505) 348-2000
U.S. District Court - District of New Mexico