Yes, criminal records are public in New Mexico.
The Inspection of Public Records Act (IPRA) allows the public to inspect all government documents, including criminal records. Therefore, potential employers, landlords, licensing bodies, and others may search for and see that someone has an N.M. criminal record. An accessible, public criminal record could negatively impact these areas of someone’s life in the short- and long-term.
New Mexico court records are accessible through the New Mexico Courts website at www.nmcourts.gov.
In This Article
New Mexico expungement attorney, Marc A. Grano, discusses how to obtain or access a criminal record, according to state law, how having a public criminal record can negatively impact someone’s life, and what options are available for getting an expungement. Grano Law Offices, P.C. wrote this post for people facing charges or after serving their sentences and wanting to learn more about general legal options.
How to Request a New Mexico Criminal Record
In addition to searching the New Mexico Courts website, any person who wants to inspect additional information and specifics regarding a criminal record in New Mexico must submit a request to the “custodian.” A custodian could be a police department, detention facility, or court of law. A written request should specifically include the name, address, and telephone number of the person asking for the record, as well as the documents they are requesting.
While people may submit records requests orally under NMSA § 14-2-1, a written request can be made via:
- U.S. Mail
- Facsimile
The request, from someone such as a landlord, employer, or journalist, does not have to include a reason for inspecting the records. All parties requesting documents should receive an acknowledgement of the request within three days and a response from the record custodian within 15 days of receiving the request.
Related Article: How to Find Out If Someone You Know Is Arrested
Nine Consequences of a Having a Public NM Criminal Record
Whether you are guilty of a misdemeanor or a felony, the repercussions of a criminal conviction can affect numerous aspects of your life. You will have an accessible criminal record, which is a significant disadvantage unless you can request an expungement at a later date.
Below, we have outlined nine consequences that could arise from having a public criminal record in New Mexico:
Consequence 1. Work and Career
If you are required to disclose a criminal history in relation to a potential job opportunity, you may not even be considered for an interview. Specific convictions exclude you from certain professions or prevent you from obtaining the license required to practice that profession. For instance, a school district cannot hire a convicted sex offender by law.
Consequence 2. Loans
Your felony conviction may make it harder for you to receive a mortgage, auto loan, business loan, or other forms of financing. Some lenders will decline loan applications that include a criminal history.
Consequence 3. Federal Student Aid
A conviction does not automatically disqualify you from receiving college financial aid, but it may affect your chances of applying. You may be ineligible for assistance if you have been convicted of illicit drug possession or sale.
Consequence 4. Renting
Before approving a new tenant, many landlords perform background checks. If you have a criminal record, particularly if convicted of a felony, a landlord may view you as a risk. Your housing alternatives may be further restricted if you have been convicted of a sexual offense.
Consequence 5. Sex Offender Registration
You may also have to register as a sex offender on National Sex Offender Public Website. This penalty could restrict the ability to rent and find employment. Additionally, public members can check these databases and learn about your conviction, which may have occurred years ago.
Consequence 6. Immigration
Your conviction may have grave consequences for your immigration status. You could be denied entry into or residency in the United States, stripped of your citizenship and deported.
Consequence 7. International Travel
Even petty convictions can restrict your ability to travel abroad. Some nations, such as Canada, may deny entry to those convicted of certain misdemeanors or felonies.
Consequence 8. Security Clearances
A criminal arrest or conviction may rescind a government-issued security clearance and your ability to perform at work. When granting and renewing a security clearance, a conviction can negatively impact the outcome, including the rejection or loss of a security clearance, even if previously held.
Consequence 9. Custody Rights Loss
A judge must consider the children’s best interests while determining custody. Your parenting skills and character may be questioned if you have been convicted of a felony.
Hiring legal counsel can help mitigate the long-term effects of a criminal conviction if you have been charged with a crime. While every case is unique, experienced criminal defense lawyers in New Mexico understand how a criminal conviction may significantly influence your life and can help you build a solid defense.
Related Article: How to Expunge Your Record in New Mexico Under the New Criminal Record Expungement Act
How to Remove an N.M. Public Criminal Record
Pursuant to the New Mexico Criminal Record Expungement Act under NMSA § 29-3A-1 through 9, you can petition the court for an expungement, which may remove your public criminal record. However, there are no guarantees when it comes to obtaining one, meaning that you should never assume there is a “fail-safe” or backup plan.
Cases You CANNOT Expunge
Several crimes are ineligible for consideration. If you have a criminal conviction related to any of the following offenses, you may be ineligible for expungement in New Mexico, including:
- Crimes against minors
- DWI/DUI offenses
- Embezzlement schemes
- Sex crimes
- Violent offenses that caused great bodily harm
- Violent offenses that resulted in another’s death
There are limitations when it comes to getting an expungement. However, we only raise this point since it is never a good idea to accept responsibility for a crime with the intent of getting it expunged later. Get legal advice from an experienced attorney as soon as possible to help you understand your options related to a public criminal record in New Mexico.
Related Article: Do Expungements Show Up on Background Checks in New Mexico?
Learn More About Your Legal Rights and Options
A public criminal record can wreak havoc on your life, even years after paying the consequences. Speak with our northern New Mexico criminal record expungement lawyer to learn if this option is right for your situation.
Call Grano Law Offices, P.C. for a Free Case Strategy Session at (505) 426-8711 or message us online via our contact form. Please let us know if you would prefer to meet via secure video conferencing at the time of calling.
