New Mexico Arrest Records

According to the New Mexico summary crime data information published by the State Department of Public Safety, more than 20,000 offenses were recorded in 2020. A New Mexico criminal justice data report published in December 2023 indicates that people between the ages of 18 and 34 were 2.2 times more likely to be arrested for violent offenses in 2022. Also, the report states that black people were arrested for violent crimes 2.1 times more often than their share of the state population. Men were arrested for violent crimes 1.6 times more than their share of the New Mexico population. For property crime, black people were arrested 1.7 times higher than white residents in 2022.

What Is an Arrest Under New Mexico Law?

An arrest in New Mexico is generally the taking of an individual into custody by legal authority for the person to answer for an alleged crime. When a person is arrested, such an individual is deprived of their freedom of movement and must be bailed or freed under the justice system in the state to regain their freedom of movement.

Type of Arrests in New Mexico

New Mexico arrests may be made with a warrant or without it.

Warrant Arrest

A warrant arrest in New Mexico typically requires that a person is arrested with an arrest warrant or a bench warrant. For a warrant arrest to be made by an arrest warrant, a law enforcement officer must have submitted a written affidavit to the court for approval before carrying out the arrest. The affidavit must show probable cause that the person named in it has committed or is committing a crime. An arrest warrant is a precept of a writ issued by a magistrate, justice, or another individual of the competent authority, addressed to a law enforcement officer requiring them to arrest the individual named on it and bring them before the court to answer or be examined per the offense for which the arrestee is charged.

A warrant arrest may also be made with a bench warrant. If a person has been ordered by the court to appear at a specific time or place or to do a particular thing, such as pay a court-ordered fine or child support, the court may issue a bench warrant for the person's arrest if they fail to act accordingly.

Warrantless Arrest

Per NM ST § 31-1-7, a police officer may arrest a person and take them into custody without a warrant provided the officer is at the scene of a domestic disturbance and has reasonable grounds to believe that the individual has committed a battery or an assault upon a household member. According to NM ST § 31-1-6, a police officer who arrests an individual without a warrant for a petty misdemeanor may offer the arrestee the option of accepting a citation to appear instead of taking the individual to jail. New Mexico defines a petty misdemeanor as any offense so designated by law or, upon conviction, may be punished with imprisonment of up to six months.

Note that to arrest a person without an arrest warrant in New Mexico, the arresting law enforcement officer must have reasonable grounds, based on their own investigation, which may include information from eyewitnesses, to believe the arrestee has committed a crime.

What Are New Mexico Arrest Records?

According to the New Mexico Arrest Record Information Act (ARIA), arrest records refer to the notations of the arrest, detention, indictment, or filing of information or other formal criminal charge against a person made by a law enforcement agency in the state. Typically, arrest records are public information in New Mexico under the Inspection of Public Records Act (IPRA). However, per N.M. Stat § 29-10-4, arrest record information revealing confidential sources, information, methods, or persons accused but not charged with a crime is deemed confidential. Dissemination of such arrest record information, except as provided in the ARIA or other laws, is illegal.

Although sometimes confused with a criminal record, an arrest record typically only details an individual's arrest, including the date, charges, and law enforcement agency involved, but does not indicate guilt or a conviction. It is created when someone is taken into custody but may not lead to prosecution or conviction. On the other hand, a criminal record is generally more comprehensive and includes information about arrests, charges, court proceedings, convictions, and sentencing. Criminal records are typically used in background checks.

A typical New Mexico public arrest record includes:

• The full legal name of the arrestee, along with any known aliases
• Demographic details such as race, age, and gender of the arrestee
• Physical description, including height, weight, eye color, and hair color
• Date and time of the arrest
• Law enforcement agency responsible for the arrest
• Charges or offenses the arrestee is accused of
• Unique booking identification number
• The set bond amount
• The state-assigned personal identification and tracking numbers

How Can Arrest Records Be Accessed in New Mexico?

Accessing arrest records in New Mexico involves navigating various law enforcement agencies and databases. Requests for records may be made online, by phone, in person, or through mail. You may access New Mexico arrest records in the following ways:

New Mexico DPS Search

Under 29-10-6(A) of the New Mexico Arrest Record Information Act, an individual may obtain their arrest record information by submitting a completed Authorization for Release of Information form to the Department of Public Safety (DPS). The form must be notarized before submission. The DPS charges $15 per record check, which may be paid using a money order or cashier's check made out to the Department of Public Safety. With the required release and appropriate payment made, all adult arrest records are released. The turnaround time to receive a response via this request method is 7-15 working days from receiving the form. The completed form and payment must be made to:

Department of Public Safety

ATTN: Records

P.O. Box 1628

Santa Fe, NM 87504-1628

Local Law Enforcement Search

Arrests are typically made by law enforcement agencies like local police departments, county sheriff's offices, and the New Mexico State Police. Therefore, if you know which local law enforcement agency made an arrest, you may contact them to obtain a record of the arrest. Most law enforcement agencies have dedicated divisions handling arrest record requests, while some have online portals to handle arrest records in addition to having physical records divisions. You may also be able to send an email inquiry or complete an online form to request in some jurisdictions.

New Mexico Court Case Lookup System

Although the New Mexico court case lookup system is designed for tracking or accessing court cases in the state, it may also contain some arrest information, particularly if the arrest led to a criminal case. You may search for a case involving an individual in question and review case information, which may reference the needed arrest information. You may search for court case information on the state court case lookup system with a person's name or case number.

Online Public Record Databases

Some third-party websites may provide access to New Mexico public arrest records. While most of these websites claim to aggregate data from official sources and charge a fee for using their services, the completeness and accuracy of their information may vary. Hence, you should verify the information from these websites with official New Mexico sources.

How Long Will an Arrest Report Stay on Your New Mexico State Records?

In New Mexico, an arrest report typically remains on your record indefinitely. Unless expunged, this record remains accessible.

Can You Expunge Your Arrest Records in New Mexico?

Expungement in New Mexico is a legal process that seals or removes public access to a notation of arrests, complaints, indictments, pleas, convictions, acquittal, or dismissal records. In order to be eligible for an expungement of arrest records related to a criminal conviction of a violation of a municipal ordinance, felony, or misdemeanor, you are generally required to have completed your sentence and paid any fines or fees owed to the state for the conviction. Also, you must:

• Demonstrate that no other charges or proceedings are pending against you
• You have fulfilled all court-ordered victim restitution
• You were not convicted of any other crime during the waiting period
• Justice will be served by an order to expunge your record

New Mexico sets varying waiting periods for persons looking to expunge their records depending on specific circumstances. For instance, if you were wrongfully identified in arrest or public records due to identity theft, you may file your expungement petition at any time. Persons who were released without conviction for a violation of a municipal ordinance, felony, or misdemeanor may file their expungement petition one year after the date of the final disposition in their case. However, if you were convicted of a violation of a municipal ordinance, misdemeanor, or felony, you may file an expungement petition after:

• Two years if the expungement request relates to a conviction for a municipal ordinance or a misdemeanor violation
• Four years if the expungement request relates to a misdemeanor conviction for aggravated battery as stated in Subsection B of Section 30-3-5 NMSA or a conviction for a fourth-degree felony
• Six years if the expungement request relates to a conviction for a third-degree felony
• Eight years if the expungement request relates to a conviction for a second-degree felony
• Ten years if the expungement request relates to a first-degree felony or an offense listed in Section 30-3-10 through 30-3-18 NMSA of the Crimes Against Household Members Act

Note that arrest records related to certain convictions are ineligible for expungement in New Mexico:

• Civil cases
• Offense against a child
• An offense that caused serious bodily harm or death to another person
• Sex offense
• Embezzlement
• Offense pertaining to driving while under the influence of intoxicating liquor or drugs

You may file an expungement petition in the district where the arrest originated to obtain expungement for an eligible arrest record. Even if the arrest led to a case filed in a metropolitan or municipal court or was dismissed before the DA (District Attorney) or city attorney filed any court case, the petition must be filed in the district court. New Mexico generally allows petitioners to include multiple charges and arrests arising under the same case number in a single petition. However, if you want to expunge arrest records not associated with a filed case, you must file a separate expungement petition for each arrest to expunge court records connected to that arrest.

Once you have determined that you are eligible for an expungement, you may follow these steps to complete the process:

• Obtain a Copy of Your Record: A copy of your arrest record is required to submit an expungement petition. You may obtain a copy from the New Mexico Department of Public Safety by submitting a completed and notarized application and a $15 fee.
• Prepare Expungement Petition: New Mexico has different forms varying with the type of record to be expunged. Typically, you will need a Petition to Expunge form, a Notice of Hearing form, and the Order on the Petition to Expunge form. These forms are available on the forms page of the New Mexico courts website.
• File Petition and Other Supporting Documentation with the Court: Submit the petition, arrest records, and other relevant documentation to the appropriate district court.
• Pay the Filing Fee: Before submitting your petition with the district court, you must pay the district court clerk a $132 filing fee. Typically, most courts in the state accept payment by money order. If you are unable to pay the $132 fee, you must complete Form 4-222 NMRA (Application for Free Process and Affidavit of Indigency Form). The form is available on the New Mexico courts website or from the clerk of the district court
• Notify Relevant Parties: Upon submitting your expungement petition, provide copies of all documents to the relevant parties, including the district attorney, the New Mexico Department of Public Safety, and the law enforcement agency that arrested you. This ensures that once expungement is granted, all records are appropriately updated.
• Attend Hearing: A court hearing will be held where you must present evidence supporting your request for expungement. The judge will consider factors such as the nature of the offense, your conduct since the conviction, and whether justice will be served by expunging your record
• Receive Court Order: If the court grants the expungement, you will receive an order directing the removal or sealing of your conviction record from public access.

Due to the complex nature of expungement cases, it is generally recommended that you hire an experienced expungement attorney to ensure that your petition is successful. While your arrest records will no longer be accessible to the public after expungement, the records will not be destroyed. Courts, law enforcement agencies, and other criminal justice agencies may access your records. Arrest or conviction records will also be disclosed in connection with an application for or inquiry relating to association or employment with a financial institution regulated by the Securities and Exchange Commission or a financial industry regulatory authority. In addition, arrest or conviction records may still be available for use in future criminal proceedings. However, if anyone else asks about records that have been expunged, New Mexico requires all agencies to respond that no such records exist.

Is a Citizen's Arrest Legal in New Mexico?

According to N.M. STAT. ANN. § 31-4-14, a lawful arrest may be made by a private citizen without a warrant if there is reasonable information that an accused is charged in the courts of a state with a crime that may be punished by death or imprisonment for a term exceeding one year. Once arrested, the accused must be brought before a judge or magistrate without unnecessary delay, and a formal complaint must be made under oath, outlining the grounds for the arrest. The arrestee's response will be heard as though the arrest had been made under a warrant.

Before using force in a citizen's arrest, the arrestor must provide notice of their intent to arrest unless circumstances make such notice apparent or impractical. For the court to instruct the jury on the defense of a citizen's arrest, it is not required to prove that a felony actually occurred but rather that the arrestor's belief in the commission of a felony was reasonable. This standard was upheld in State v. Johnson, 122 N.M. 696, 700 (N.M. 1996).

How to Look Up Arrest Warrants in New Mexico

You may look up arrest warrants in New Mexico in the following ways:

Visiting Local Law Enforcement

Typically, arrest warrant information is available through the local police departments or the county sheriff's offices in the jurisdiction where the warrant was issued. Most law enforcement offices in New Mexico maintain dedicated sections of units handling arrest warrant inquiries. If a jurisdiction makes a portal available for handling such requests, you may be able to look up arrest warrants without leaving the comfort of your home. For instance, the Bernalillo County Sheriff's Office allows the public to perform a search warrant online via its website. However, if an online system is unavailable in the jurisdiction where an arrest warrant was issued, you may call the law enforcement office or visit their location in person.

New Mexico Courts

You may look up arrest warrants in the state via the online New Mexico court case lookup portal or by contacting the local court offices. While the online state court portal does not primarily offer access to arrest warrant information, it provides access to court case information that may indicate whether an arrest warrant was issued. You may search the portal using the full name or case number of the person you are inquiring about.

The clerk of court in each New Mexico court is the official record custodian of that court. You may call the office or visit in person to look up arrest warrant information as part of the records maintained by the clerk. As with an online search, you must provide necessary information, such as the individual's name or case number, to determine if an arrest warrant was issued.

Third-Party Websites

You may also lookup New Mexico arrest warrants via third-party websites. Some third-party websites aggregate public records, including arrest warrant information. While such sites typically aggregate records for all states in the United States, you may need to narrow your search by opting to search only for New Mexico using the search filter or options available on the site. Note that while it is convenient to use third-party websites to look up arrest warrant information, you should verify the accuracy of the information obtained via official sources to ensure that it is valid and current.

Hiring an Experienced Attorney

If you suspect an arrest warrant has been issued for you or another individual, you may consider consulting with an experienced criminal defense attorney to conduct a thorough search for arrest warrants. A criminal defense attorney has legal expertise and typically has access to resources within the criminal justice system that may not be readily available to the public. If you hire an experienced criminal defense attorney, they can conduct a more comprehensive search, including state and federal databases, and provide important advice on the next steps if an arrest warrant is found.