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Is New Mexico a Public Records State?

The majority of New Mexico records concerning government activities are public. The New Mexico Inspection of Public Records Act provides for every person’s right to inspect public records. This right includes making copies of the record and receiving deliveries. It also extends to all government records except those that are exempted by law or pursuant to an authority recognized by law. Public records may include documents, papers, letters, books, maps, tapes, photographs, and other materials.

What is Public Information in New Mexico?

Records that are generally public in New Mexico include:

  • Public New Mexico arrest records
  • Public incidence report
  • New Mexico public court records
  • Public bankruptcy records
  • Public New Mexico inmate records
  • New Mexico public sex offender information

How Do I Look Up Public Records in New Mexico?

New Mexico state law allows every person to find public records by sending a written request to the record custodian. The right extends to both the inspection of records and obtaining copies of the records. In most instances, residents who wish to obtain public records in New Mexico can achieve this by doing the following.

  • Decide on the specific record to find
    The first step in finding a public record is deciding the specific record to find. The record determines the information that should be included in the request and where the request should be submitted. It would also be necessary to determine the right to exercise. A requester’s options include inspecting the record, obtaining copies, or receiving deliveries of copies of the record. Some custodians may also offer electronic copies of records. The requester’s choice will determine any applicable fees. However, a request should not be impracticable to fulfill. A record custodian is not obliged to undertake research to satisfy a public record request. In such a case, the custodian may deny the request.
  • Find the record custodian
    The record custodian is the person the New Mexico state law obliges to provide public records. No other person is compelled to provide public records, even if they have the record in their custody unless they are a custodian. The New Mexico Inspection of Public Records Act defines the custodian as any public official or employee maintaining the public records, regardless of whether it is in their personal possession. The official custodian may also appoint other officers to make the records available. Public agencies should notify the public of the steps requesters can take to obtain public records. They should also respond to any inquiries regarding who the custodian is and their contact information. If the request is sent to a person who is not the record custodian, that person should send it to the record custodian if known and notify the requester pursuant to New Mexico Statute 14-2-8(E).
  • Submit a record request
    A requester can make a request for New Mexico public records to the custodian once they know who it is. A request may either be made orally or in writing, in accordance with New Mexico Statute 14-2-8(A). However, there are no remedies for a custodian’s failure to honor an oral request. This is why it is advisable for a requester to submit a written request. The request should include the name, address, and telephone number of the person making the request. It should also clearly include a description of the record the requester wants. Requests can be made in person, by mail, by email, by facsimile, or through any other electronic communication.

Utilizing Third-Party Resources for New Mexico Public Records Obtaining

City Records

Public city records may also be accessible from third-party websites. These non-government platforms come with intuitive tools that allow for expansive searches. Record seekers may either opt to use these tools to search for a specific record or multiple records. However, users will need to provide enough information to assist with the search such as:

  • The name of the subject involved in the record (subject must be older than 18 or not juvenile)
  • The address of the requestor
  • A case number or file number (if known)
  • The location of the document or person involved
  • The last known or current address of the registrant

Third-party sites are not sponsored by government agencies. Because of this, record availability and results may vary.

Public Records

Public records can also be accessed from third-party websites. These third-party public records aggregate websites offer search services that are non-geographically limited, making the search result expansive and typically straightforward. However, users will need to provide enough information to assist with the search, such as:

  • The name of the subject involved in the record as long as the subject is not a juvenile
  • The last known or location of the record subject

Third-party public records search websites are not government-sponsored services. Therefore, the availability and accuracy of results can vary.

How To Look Up Public Records in New Mexico for Free?

Every person can look up public records in New Mexico for free. However, this depends on the request, the record, and the custodian of the record. Any record request that requires expenses to comply with, such as making copies and deliveries, requires fees. Other requests that do not require any expenses may be without any fee. This is often the case if the requester only wishes to inspect the record. Some record custodians provide terminals or lobbies to allow requesters to inspect free public records in New Mexico. A requester can use this during business hours for free.

Courthouses offer public access to free New Mexico court records by accepting visits to the courthouse during business hours. Other records that a requester may also inspect for free are sex offender information, bankruptcy records, and arrest records. Receiving electronic copies of records may also be for free. However, New Mexico state law does not compel a requester to make electronic records to satisfy a request. The custodian is only obliged to provide a copy of a record in its maintained form.

Search Public Records in New Mexico

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