Santa Fe County, New Mexico Arrest Records
Santa Fe County arrest records contain pertinent information about individuals who were apprehended and taken into the custody of local law enforcement agencies, such as the Santa Fe County Sheriff’s Office and municipal police departments.
Federal, state, and local government agencies use Santa Fe County arrest records in different capacities. For instance, the Santa Fe Police Department uses arrest records and other official reports to generate local crime statistics and crime maps. The New Mexico Department of Public Safety also compiles arrest records reported by local law enforcement agencies across the state to generate individuals’ criminal history records. However, the New Mexico Inspection of Public Records Act (IPRA) governs the release of arrest records, while the New Mexico Arrest Record Information Act controls public release of criminal records.
Are Arrest Records Public Information in Santa Fe, New Mexico?
Yes. The New Mexico Inspection of Public Records Act (IPRA), particularly NMSA §14-2-1.2, establishes that law enforcement records, including arrest records, are public, except as provided by law. As a result, every person has the right to access Santa Fe County arrest records. The phrase “every person” in the act implies that there are no statutory residency requirements for accessing or requesting public arrest records. Furthermore, record seekers are not required to present any form of identification to access public arrest records.
What Do Public Santa Fe County Arrest Records Contain?
The typical public-facing elements of Santa Fe County arrest records include, but are not limited to, the following:
- The arrestee’s name and age
- Mugshot
- Physical description (i.e., gender, race, height, weight, eye color, and hair color)
- The arrest location and date
- Arresting officer’s name
- Reason for the arrest (i.e., an arrest warrant or criminal offense)
- Case number
- Charge details
Although most Santa Fe County arrest records and their contents are public under the New Mexico Inspection of Public Records Act (IPRA), the Act is subject to several exemptions. These include:
- Juvenile arrest records (NMSA §32A-2-32).
- Arrests connected to an active investigation (NMSA §14-2-1).
- Arrest records information that reveals confidential information, sources, methods, or the identity of individuals accused but not charged with a crime (NMSA §29-10-4).
- Expunged arrest records (New Mexico Criminal Records Expungement Act).
Santa Fe County, New Mexico Arrest Search
At the state level, interested persons may find and obtain Santa Fe County arrest records through the New Mexico Department of Public Safety (NMDPS) Law Enforcement Records Bureau (LERB). The LERB is the state’s central repository for criminal history records. Thus, law enforcement and criminal justice agencies throughout the state report criminal records, specifically arrest records of people arrested for felonies, misdemeanors (punishable by six months or more imprisonment), and DWI offenses, to the LERB.
Per the New Mexico Arrest Record Information Act, codified in NMSA §29-10-6, individuals may inspect arrest records concerning themselves that are maintained by LERB either in person, through their counsel, or through an authorized agent. Eligible individuals may request these records by completing, notarizing, and submitting an Authorization for Release of Information form (also available in Spanish) to the LERB. Requests are subject to a $15.00 processing fee per record check. Acceptable forms of payment for these fees are money orders or cashier's checks payable to the New Mexico Department of Public Safety. The Bureau’s typical turnaround time for processing requests is 7 to 15 working days from the request’s receipt date. However, the processing timeframe may be impacted by the bureau's current request volume and workload. It is worth noting that the NMDPS also offers electronic and manual fingerprint-based background checks.
Record seekers may also find arrest information by reviewing inmate records. In cases where individuals were arrested in Santa Fe County but booked in state prison facilities, interested persons may use the New Mexico Corrections Department (NMCD) Offender Search portal to access inmates' records. Meanwhile, information about federal inmates is accessible through the Federal Bureau of Prisons (BOP) Inmate Locator portal.
Santa Fe County Inmate Locator
The Santa Fe County Inmate Lookup portal is a free public service tool provided by the Santa Fe County Corrections Department that allows users to access information about individuals booked in the county Adult Detention Facility. On the portal, users can search for inmates by name or inmate. They can also view a list of recently booked persons and booking log reports. Generally, inmate records may include arrest information.
However, the primary way to obtain comprehensive arrest records is through local law enforcement agencies, such as the Santa Fe County Sheriff’s Office and municipal police departments. These agencies usually have a record division that maintains the arrest records they generate. For instance, Interested persons may contact the Santa Fe County Sheriff’s Office Records Division at:
35 Camino Justicia
Santa Fe, NM 87508
Phone: 505-986-2400
Fax: 505-986-2482
Active Warrant Search in Santa Fe County
A Santa Fe County arrest warrant is a court order authorizing law enforcement agencies to apprehend a defendant and bring them before a court to answer for an alleged crime. Per Rule 5-208 NMRA, a court may issue an arrest warrant pursuant to an indictment or a sworn written statement containing sufficient probable cause for the warrant’s issuance. Furthermore, an arrest warrant must contain:
- The signature of the issuing court.
- The name of the defendant to be arrested (if known) or any name or description that can be used to identify the defendant with reasonable certainty.
- A description of the charged offense against the defendant.
- The conditions for the defendant’s release if the charged offense is:
- A minor misdemeanor that can be resolved by paying a fine.
- Traffic code misdemeanor, besides driving a vehicle or operating a motorboat while under the influence.
Santa Fe County arrest warrants are subject to the New Mexico Inspection of Public Records Act (IPRA). As a result, most warrants are public. However, custodians are allowed to restrict access to active warrants for several reasons. Most notably, to protect an ongoing investigation from potential interference or being compromised.
In Santa Fe County, Interested persons may conduct an active warrant search by contacting the County Sheriff’s Office’s Warrant Division by phone at 505-986-2491 or email (mvaldez@santafecountynm.gov). Alternatively, they may conduct warrant searches through the court system via the New Mexico Courts Public Access portal, where a case’s court record may be accessed and reviewed for issued warrants. In-person warrant searches may also be conducted by visiting local courts. Generally, individuals must possess the following to facilitate a warrant search:
- The warrant’s subject’s full name
- Date of birth
- Social Security Number (optional)
|
Agency / Resource |
Purpose |
Search Methods |
Notes |
|
Santa Fe County Sheriff’s Office Warrant Division |
Maintains and executes warrants |
Phone, email, or in person |
Only warrants executed by the agency may be available |
|
New Mexico Courts Public Access portal |
Provides access to court records, which may contain information about warrants issued in open cases. |
Online |
Protected warrants are redacted. |
|
Local courts |
Maintains and issues warrants |
In-person, phone, and by mail |
Depending on the type of court, search methods may vary |
How to Find Arrest Records for Free in Santa Fe County
There are several channels that interested persons may use to find arrest records for free in Santa Fe County. They can use the Santa Fe County Inmate Lookup portal to access inmate records, which may contain an inmate’s arrest details. They may also review the Santa Fe County Sheriff’s Hotsheets, which contain information about the agency's activities, including arrests they conducted. Similarly, some municipal police departments provide independent hotsheets documenting their activities. One example is the Santa Fe Police Department (SFPD) Hot Sheets.
Note: Individuals must provide a subject’s name or inmate number to search the county’s Inmate Lookup portal. Most law enforcement agencies' hotsheets, on the other hand, present as a list of activities and do not allow searches by specific criteria.
Santa Fe County Arrest Report
A Santa Fe County arrest report is an official document prepared by an arresting officer following an arrest, which contains their account of the circumstances surrounding the incident. These may include their actions, observations, opinions, evidence gathered, and statements from victims, witnesses, and suspects they collected at the scene.
On the other hand, an arrest record contains summarized details about an arrest that are featured in criminal justice agencies' databases, such as law enforcement agencies and courts. Some typical information found in arrest records includes the arrestee’s personal information (such as their full name, age, and physical description), the arresting officer's name, reason for the arrest, and the arrest date and location.
How to Get an Arrest Record Expunged in Santa Fe County
In Santa Fe County, record holders may apply to get their arrest records expunged under the New Mexico Criminal Records Expungement Act. However, they must meet the Act’s eligibility requirements to qualify for record expungement. As a general rule, arrests stemming from mistaken identity are eligible for expungement under the act. Additionally, arrests that result in the arrestee being released without a conviction, including due to acquittal, nolle prosequi, conditional discharge, or a referral to a preprosecution diversion program, may be eligible for expungement. Arrests that result in any of the following types of convictions may also qualify for expungement:
- A misdemeanor or municipal ordinance conviction
- Most felony convictions
- A conviction under the Crimes Against Household Member Act.
Notwithstanding, arrests that result in a conviction for any of the following types of offenses are ineligible for expungement:
- Embezzlement (NMSA §30-16-8).
- A sex offense (NMSA §29-11A-3).
- Offenses committed against a child.
- Offenses that cause great bodily harm or the death of another person.
- Driving under the influence of drugs or intoxicating liquor.
Generally, there are varying waiting periods that must be exhausted before individuals with eligible arrest records may apply for expungement, except those arrested as a result of mistaken identity. Such individuals may petition the Santa Fe County District Court at any time for an expungement order. Meanwhile, all other eligible arrests are subject to the following waiting period:
- Arrests that resulted in release without conviction: one year from the case’s final disposition.
- Municipal ordinance violation or misdemeanor conviction: two (2) years.
- Misdemeanor aggravated battery or a fourth-degree felony conviction: four (4) years.
- Third-degree felony conviction: six (6) years
- Second-degree felony conviction: eight (8) years
- First-degree felony or Crimes Against Household Members Act offense conviction: 10 years
Applying for the expungement of eligible arrest records in Santa Fe County usually involves the following steps:
- Step 1 - Gather necessary documents: This entails prospective applicants obtaining their complete criminal history record from the New Mexico Department of Public Safety (NMDPS), as well as court and sentencing documents connected to their arrest.
- Step 2 - Obtain and complete the appropriate expungement petition form: These forms are available online on the New Mexico Judiciary website.
- Step 3 - File the completed expungement petition form with the Santa Fe County District Court and pay the required fee: applicants are charged a $132 processing fee for an expungement petition. These fees are payable by cash, cashier's check, or money order. Indigent applicants may also apply for a fee waiver using the Application for Free Process and Affidavit of Indigency (Form 4-222 NMRA).
- Step 4 - Forward the expungement petition form and other required documents to relevant agencies and officials: These include the Santa Fe County District Attorney, the NMDPS, and the arresting law enforcement agency.
Once the Santa Fe County District Court receives an expungement petition and the relevant fees, a hearing date will be set. During the hearing, the applicant will be questioned about their expungement request and any objections filed by relevant agencies. Afterward, it may take up to 30 days for the court to approve or deny the request.
How Do You Remove Santa Fe County Arrest Records From the Internet?
A prerequisite for removing Santa Fe County arrest records from the internet is obtaining an expungement order for the record. Upon expungement, an arrest record becomes confidential, and government agencies in possession of such records are prohibited from publishing them on publicly accessible online resources, such as the Santa Fe County Sheriff’s Hotsheets and other similar resources, they maintain.
Similarly, third-party websites are also subject to expungement orders issued in Santa Fe County. Additionally, most websites accept opt-out requests, which allow record holders to request the removal of their public records, including arrest records, from the website. Although an expungement order is not required to submit an opt-out request, providing one may strengthen the request.