Information Contained in New Mexico Arrest Records

The arrest record information in New Mexico is kept at the New Mexico Central Repository, and includes information about those who are arrested in the state for felony and misdemeanor offenses which are punishable by more than six months' imprisonment. This information is based on fingerprint cards which are taken at the time of arrest. These documents serve as criminal history records and are submitted to the State Repository by the law enforcement agencies or arresting agencies. The completeness and accuracy of the information is based on the agencies which provide this data. Pursuant to 29-10-6(A) of the New Mexico Arrest Record Information Act, a person can inspect this arrest record information through his or her registered agent.

How to Access the Criminal Records in NM

An Authorization for Release of Information form from the Department of Public Safety or DPS must be filled out and submitted in order to receive arrest record information. The authorization form is a very simple document which is easily available from http://www.dps.nm.org/lawEnforcement/ . This form includes the name of the applicant, date of birth, address, applicant signature and date of application and it should bear the seal of a notary public.

The form must be submitted along with a fee of $10.00 per record check, which should be made by cashier's check or money order and payable to the Department of Public Safety. Once the DPS receives the authorization form bearing the original signature accompanied by the required release and payment, the arrest records are then issued.

For immigration purposes a certificate which is known as a “Police Certificate of Good Standing” is generally needed and the cost of such certificate with a background check is somewhere around $20.00. The processing time may take seven to fifteen working days from the date of receipt of the document depending on the workload and volume, and it should be requested my mail along with the same type of release form.

New Mexico DWI Records

A DWI conviction is when you drive under the influence of drugs or alcohol which exceeds a legal limit of more than 0.8%. The offenses which fall under the penalty of DWI in Mexico are punishable by up to 90 days in jail, a fine of up to $500 and approximately $200 for court costs. You can also be forced to attend an offender program, alcohol screening with counseling, perform community service or serve probation which can result in additional fees of about $150. If you are charged with an aggravated DWI, you will have to spend a mandatory minimum of 48 hours in jail.

There are high costs for a DWI offense in New Mexico. If you are charged with a level one offense or misdemeanor, you will have a 6 month to 1-year license revocation, up to 90 days in jail, DWI school, and regular mandatory alcohol evaluation.

If you are charged with a level 2 DWI, you will have to face a 2-year license revocation and up to 364 days in jail--96 hours is mandatory. Fines of up to $1000 or up to 5 years of probation are also possible. The level 3 offense results in a 3-year license revocation, up to 364 days in jail and a mandatory 30 day jail sentence, fines of up to $1000 ($750 of which is mandatory), and up to 5 years of probation. A level 4 felony results in a lifetime license revocation with a court review after five years, 18 months in prison with a mandatory 6 month incarceration, and a fine of $5000.

These DWI offenses are often part of New Mexico arrest records permanently. However, some cases cannot be accessed if they have been expunged or sealed. The expunged cases are those which are removed or destroyed because they have been wrongly entered into the records and lacked proper evidences.