New Mexico Public Records

What are New Mexico Public Records, and How are They Created?

New Mexico's Inspection of Public Records Act (IPRA) allows the general public access to most government records. According to the Attorney General's Office, "Each state agency and local governmental entities have designated a records custodian to whom requests to inspect records should be addressed." Every person has the right to request records per the IPRA, and each government agency can charge fees to anyone seeking records. You can also request records directly from the Attorney General, but in many cases, you will have to contact the actual agency you need them from. You can request records verbally or in writing. The preferred method is in writing. Per the IPRA, "all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees." NMSA 14-2-5.

New Mexico courts, the Attorney General's Office, the Mayor, local government offices, law enforcement, the Secretary of State, legal personnel, and other government offices and agencies all create public records during the normal course of business. Some individuals also create them when they file a lawsuit, get divorced, or purchase a piece of land. Each agency is called a "custodian," and they store and maintain their own files. Some agencies share public records between them.

New Mexico law defines "public records" as "all documents, papers, letters, books, maps, tapes, photographs, recordings, and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained."

How to Access New Mexico Public Records?

New Mexico's Foundation for Open Governmentguides users on how to request public records. They mention that you can request records verbally; however, if you are denied, there is no legal resource. If you want to provide a proper paper trail in case something goes wrong with your request, you must apply in writing.

• Contact the custodian of the records.
• Put your records request in writing and give it to the person responsible.
• Pay any applicable fees.
• The law states that the government agency should hand over the records immediately but have up to 15 calendar days to provide them.
• Await your records.

If you are denied access to public records, contact the Attorney General's Office to help you appeal the decision.

Different Types of Public Records in New Mexico

New Mexico Criminal Records

The New Mexico Department of Public Safety is the agency in charge of criminal records for the state of New Mexico. They provide the public with background checks upon request. When requesting criminal records, you must first get a copy of the Department of Public Safety (DPS) release form and pay the $15 fee. They also provide a "Police Certificate of Good Standing" for $33. Most criminal background reports are handled via electronic or manual fingerprints, and they take 7-15 days for the results to come in.

Some common types of criminal records in New Mexico include (but are not limited to):

• Felony and Misdemeanor Records - some common misdemeanors in New Mexico are public intoxication, trespassing, speeding, prostitution, vandalism, DUI/DWI offenses and possession of marijuana. Some popular felonies in New Mexico include murder, sexual crimes against children, kidnapping, shooting from a motor vehicle, and child pornography.
• NM Jail and Inmate Records - both jails and prisons keep inmate records, and those too are public records. The New Mexico Corrections Department has an online search tool you can use to locate criminals and their records.
• Police Records - local police can provide copies of incident reports, police reports, sometimes mugshots, and even crime scene photos upon request.

New Mexico Court Records

The New Mexico Courts, Judicial Branch of New Mexico is the entity in charge of all Court records in New Mexico. They collect, create, store, and maintain all court records. Per the Inspection of Public Records Act (IPRA), any person can request and review most all court records. They allow you to request records online through an interactive form, in writing, or in person at the courthouse where the records are located. They provide a full list of all the courts in New Mexico so you can easily find the location you need.

Some types of court records in New Mexico include:

• Civil Court Records - domestic relations cases such as divorces, marriages, paternity lawsuits, custody and child support cases, estates, conservatorships, wills, civil lawsuits, and small claims lawsuits.
• Criminal Court Records - criminal filings for misdemeanors, felonies, and other citations. These may include things like trial paperwork, sentencing, prison transfers, and evidence related to the court case.
• Financial Court Records - bankruptcies, liens, tax issues, company stock filings, and corporate financial reports.
• Other Court Records - such as bench warrants, arrest warrants, judgments, traffic tickets, and other traffic violations, worker's compensation cases, and name changes.

The New Mexico court system consists of five levels beginning with the Supreme Court, then the Court of Appeals, District Court, Magistrate Court and Bernalillo County Metropolitan Court, and then Municipal and Probate Court. 

New Mexico Arrest Records

The local police create New Mexico arrest records, and you can request copies of them directly from each precinct. However, you can also contact the New Mexico Department of Public Safety for records. It might take longer as they do process background checks, but it can take up to two weeks to get results.

Some different types of arrests records in New Mexico are:

• Drug charges.
• Murder.
• Shoplifting.
• Simple assault.
• DUI.
• Domestic abuse.
• Petty theft.
• DUIs.
• Sexual abuse.
• Booking details like fingerprints and mugshots.
• Arrest warrants granted by a judge.
• Bench warrants for not appearing in court.
• Crime scene photos.
• Witness statements.
• Property crimes and accompanying paperwork.
• Vehicle records if one was used during the crime.

New Mexico Vital Records

The New Mexico Department of Health has a specific New Mexico Bureau of Vital Records and Health Statistics Website, and they handle all vital records for the state. This office has both birth and death certificates for sale if you need a certified copy to prove your identity. They use the VitalChek system for online and phone orders, but you can also visit them in person to obtain copies. Many local Public Health Offices (PHO) can also supply you with birth and death certificates.

Other Public Records in New Mexico

Along with criminal, court, arrest, and vital records, other types of public records you can find in the state of New Mexico include, but are not limited to:

• Government budgets and annual reports.
• Driving records (without personally identifiable information).
• Home addresses.
• Maps, books, and tapes.
• State health and wellness statistics.
• Air and water quality (pollution reports).
• State property records, real estate deals, and land deeds.
• Home phone numbers.
• Police and accident reports.
• Liens & tax issues.
• Company incorporation records.
• Demographics.
• Library Research.
• Personnel records for state agencies.
• Permits, licenses, and certifications.
• Government employee salaries.

What Information is Not Public Record in New Mexico?

In New Mexico, not all records are public records. The New Mexico Foundation for Open Government lists some things in their FAQs that are not publicly accessible or may be redacted from public records. The list includes:

• Physical or mental examination records.
• Medical treatment records of anyone confined to any institution.
• Public hospital records.
• Matters of opinion.
• Letters of reference concerning employment, licensing or permits.
• Letters or memorandums which are matters of opinion in personnel files or students' cumulative files.
• Trade secrets.
• Attorney-client privileged information.
• Long-range or strategic business plans of public hospitals discussed in a properly closed meeting.
• Law enforcement records that reveal:
• Confidential sources.
• Methods.
• Information about individuals accused but not charged with a crime.