New Mexico Criminal Records

New Mexico Criminal Records are official files that show a person's crimes in the state. These documents detail the subject's criminal offenses, arrests, incarcerations, indictments, and convictions.

The New Mexico Inspection of Public Information Records Act permits the public to inspect all government records, including criminal records.

Different places may have different ways of collecting and managing criminal records. Still, the New Mexico Department of Public Safety (NMDPS) keeps most of the public criminal records for the state of New Mexico in record depositories.

Those seeking a criminal record in New Mexico might expect to find the following information:

• Subject's personal information (full name, race, sex, and birthdate)
• Any aliases
• Fingerprints
• Mugshots
• Physical characteristics (height, weight, body markings, eye color, and hair color)
• Current and previous addresses
• All current and past convictions
• Arrest records and open warrants
• Details about a conviction
• Status after a conviction
• Sex offender status

Depending on your crime in New Mexico, the information in your criminal record will differ. The most prevalent crimes found in New Mexico Criminal Records are as follows.

Felonies

Like other states, New Mexico put its felony records into five groups to decide how to punish offenders. The most severe type of felony record in New Mexico is a capital felony, whereas fourth-degree crimes are the least serious.

Capital Felony

Capital felonies include crimes such as premeditated murder and severe sexual assault. Anyone guilty of a capital felony faces life in jail with the possibility of parole after 30 years. However, if the jury concludes that the capital felony involves aggravating circumstances, the imprisonment must be life without parole.

First-degree Felony

Robbery with a dangerous weapon, sexual assault, and murder are examples of crimes covered under this felony. Most first-degree felonies carry a jail sentence of up to 18 years and a possible fine of up to $15,000. The maximum penalty, however, is life in prison plus a $17,500 fine if the felony resulted in the murder of a child or was for gross criminal sexual penetration.

Second-degree Felony

Second-degree felonies include computer abuse, armed burglary, and armed robbery. The standard sentence for this type of felony is nine years in prison and a fine of up to $10,000.

However, if the felony caused death or involved a minor sexual offense, the term is 15 years in jail and a $12,500 fine. This felony could also get you up to 12 years in prison and a $5,000 fine if it includes child exploitation.

Third-degree Felony

Third-degree felonies include aggravated assault on a healthcare worker, voluntary manslaughter, giving marijuana to a minor, and residential burglary. The standard punishment for this kind of felony is up to three years imprisonment and a fine of $5,000.

Fourth-degree Felony

In New Mexico, individuals who commit a fourth-degree felony usually get up to 18 months in prison and a $5,000 fine. The maximum prison sentence would be ten years if the crime involved using a child for sexual purposes.

Aggravated assault, property theft worth more than $500 but less than $2,500, and personal possession of some illegal narcotics are also examples of fourth-degree felonies.

How long do felony records stay in New Mexico? Felony records remain on your record for the rest of your life unless expunged.

Misdemeanor

While the penalty for misdemeanor records in New Mexico varies depending on the class, it is unlikely to exceed one year in jail, a $1000 fine, or, in some situations, both. This state has two misdemeanor records: petty misdemeanors and "regular" misdemeanors.

Petty Misdemeanors

This misdemeanor can get you up to six months in jail and a $500 fine. The most common offenses under this type are as follows:

• Simple battery
• Shoplifting of items worth less than $250
• Damage to property worth less than $1000
• Acting disorderly

Misdemeanors ("Regular")

Theft of property worth between $250 and $500, trespassing, and drug paraphernalia are all crimes that fall under this misdemeanor type. Individuals who commit these crimes will go to jail for more than six months but less than a year and have to pay a fine of up to $1,000.

In New Mexico, if you are guilty of a misdemeanor, it will remain on your criminal record unless you are eligible for state expungement.

Criminal Driving Violations

New Mexico has various criminal driving violation records that range in their severity. The following are the state's primary traffic violation records and associated fines.

Felony Traffic Violationsprimary

In New Mexico, felony traffic violations are the worst driving offenses. This kind of crime usually leads to hefty fines and jail time. The exact punishments depend on the crime and its circumstances. However, all felony traffic offenses are severe that can long-term affect the offender's life.

In New Mexico, the most common felony traffic violations are:

• Driving with a revoked or a suspended license after a conviction
• Death or significant injuries from a hit and run
• DUI causing death or severe injury
• Vehicular homicide
• Death or injury from driving without insurance

New Mexico Traffic Misdemeanors

In New Mexico, misdemeanor traffic offenses are the second most serious traffic crime. They cause fines and, in some cases, suspension of driver's licenses and jail time.

Misdemeanor traffic violations in New Mexico include the following:

• Hit and run
• DUI
• Driving with a suspended or revoked license
• Reckless driving

Various criminal driving violation records will stay on a person's record for a considerable time. The severity of the offense will impact how long it remains on the criminal record. However, the good news is that these records are expungable in New Mexico.

Sexual Offenses

Statutory rape in New Mexico is when an adult engages in sexual intercourse with a child under 16, even if the victim consents to the behavior.

In New Mexico, statutory rape involves the following:

First-degree Criminal Sexual Penetration

This kind of statutory rape is a first-degree felony, including anal or oral, genital sexual contact, or penetration with a child younger than 13 years old. If someone commits this crime, they could spend up to 18 years in prison, pay a $15,000 fine, or both.

Fourth-degree Criminal Sexual Penetration

This kind of statutory rape is a fourth-degree felony. It entails a punishment of up to 18 months in jail, a $5,000 fine, or both. Fourth-degree criminal sexual penetration includes sexual contact with a child aged between 13 to 15 when the offender is 18 and four years older than the victim.

Criminal Sexual Contact With a Minor

This type of statutory rape is when a person older than 13 touches a child younger than 13 in a sexual way. This offense is a second or third-degree felony, depending on the contact.

For criminal sexual contact of the second degree, you could go to jail for at least three years and up to 15 years, or pay a fine of $12,500, or both. On the other hand, third-degree criminal sexual contact can get you up to six years in incarceration, a fine of up to $5,000, or both.

People who have committed statutory rape in New Mexico must register as sex offenders. The minimum registration period in New Mexico is ten years, but a judge may extend it based on the crime and previous convictions.

To find out about sex offenders in the state, you can look at the online database of the New Mexico sex offender registry.

Most of the time, police departments run this registry in different parts of the state. Here, you can expect to find personal information about the sex offender. You can also see the offender's work, home, and education addresses, as well as any relevant criminal records and the current status of their compliance.

Even if you have completed probation, it is not always possible in New Mexico to expunge an accurate arrest or charge from your criminal record. The state only enables the expungement of adult criminals in minimal instances.

Expungement Process in New Mexico

Here are the eight steps to remove a crime in New Mexico:

• Find your criminal history.
• Fill out the appropriate forms.
• Examine each court case.
• Include arrest, court, and sentencing information.
• Create copies of everything.
• Send the petition to the district court.
• Pay the fee of $132.
• Send the petition and attachments to interested parties.

The court will establish a hearing date once you file your petition. It will also ask you questions about your expungement request during your hearing. After hearing your petition, the court has 30 days to determine.

Who Can Get an Expungement in New Mexico?

If you were the victim of mistaken identity or identity theft in New Mexico, you might be able to have your record expunged. You may also be eligible for expungement in New Mexico if you meet the following criteria:

• Your case ended with a not guilty verdict.
• You were guilty of a municipal ordinance violation or a misdemeanor.
• You were guilty of aggravated battery.
• You were guilty of a third-degree felony.
• You were guilty of a second-degree felony.
• You were guilty of a first-degree felony.
• You were guilty under the Crimes Against Household Members Act.

In New Mexico, inmate records are official documentation about those imprisoned in the state. The New Mexico Corrections Department (NMCD), in charge of all state services related to corrections, is in order of most of these records.

This agency also provides an online offender search for the general public, including information about offenders and individuals on probation or parole monitoring.

If interested, check the NMDC's web database to undertake an inmate lookup. To begin your search for an inmate, you must know the offender's full name or NMCD number.

New Mexico Inmate Records will have the following information:

• Inmate's personal information (name, date of birth, and gender)
• Any aliases
• Booking photo
• DOC ID
• Weight and height
• Offense convicted
• Place of incarceration
• Incarceration date
• Date of the expected release

Arrest records in New Mexico are official papers that contain information about a person's arrest and custody by law enforcement.

Arrest warrants, on the other hand, are court orders that authorize police agencies to arrest and detain someone suspected of a criminal offense. Police officers may also arrest criminal suspects without a warrant if they witness the crime or the subject is guilty of a felony. In such circumstances, the officer creates an arrest record, incident report, and other police records.

If you get arrested in New Mexico, the police officer will transport you to the municipal detention center, where the booking process will take place.

You will have to go through a search before entering the detention center, which means an officer will search you for drugs and weapons and then remove all of your items. They will keep track of everything they take from you and keep it until you are free.

During the booking process, you must give your fingerprints. Also, the police will check your background to see if you have any outstanding warrants in other places, including national warrants.

Even though the NMDPS includes public arrest records in the criminal records, local police departments also make separate records.

You can contact the sheriff's office or the local police department if you need arrest records. Most of the time, you'll pay a small fee for making copies of the documents.

Those who request New Mexico Arrest Records can expect to find the following information:

• Arrestee's personal information (name, gender, and birth date)
• Case status
• Date and location of the arrest
• The arresting officer's name
• Jail or detention center address

There are numerous reasons for obtaining a criminal record. In New Mexico, however, most businesses request information regarding their applicants' criminal history, which they have declared on their applications.

The NMDPS allows employers, financial providers, and people whose names are on a criminal record to request name-based or fingerprint-based crime record searches.

In fingerprint-based, NMDPS provides a service called New Mexico Applicant Fingerprint Processing (NMAPS), an electronic background check solution that allows people to perform federal and state background checks efficiently and effectively.

At its headquarters, the NMDPS also provides manual fingerprinting services. In this service, the first two cards cost $9, and each additional card costs $2.50.