New Mexico Court Records Search

New Mexico Court Records & Case Lookup

The New Mexico judiciary system has a relatively busy caseload, handling over 350,000 cases annually. Civil, criminal, and traffic cases constitute most of this caseload, while probate and family-related cases are less common.

In New Mexico, court records are classified as public documents under the Inspection of Public Records Act (IPRA). This means members of the public may access and obtain copies of such records upon request.

However, it is noteworthy that certain documents and court records may be restricted from public access. These include documents and records restricted by state laws or a court order. Examples include sealed or expunged records, juvenile case documents, and mental health information.

Anyone interested in looking up a New Mexico case or court record has multiple options to do so. They could use any of the state-maintained online platforms they are eligible to use, visit the court clerk's office of the relevant court, or submit a Public Records Request.

State of New Mexico Court System

There are over 170 courts across different counties in New Mexico. The New Mexico court system is multi-layered, comprising the Supreme Court and Court of Appeals, which are courts of appellate jurisdiction, and multiple trial courts.

The Supreme Court exercises mandatory jurisdiction over capital offenses, appeals from the Public Regulation Commission, appeals from the grant of writs of habeas corpus and appeals challenging nominations and removal of public officials. These matters go directly to the Supreme Court. The Court of Appeals exercises mandatory jurisdiction over other appeals.

Most cases in New Mexico commence at the trial court level. Following the trial of the case, parties may choose to contest the decision of the trial court by way of an appeal. Depending on the nature of the case, an appeal may go directly to the Supreme Court (as earlier mentioned) or the Court of Appeal. Decisions of the Court of Appeal can be further appealed to the Supreme Court. The Supreme Court's decision on appeals is final.

New Mexico Trial Courts

Trial courts are courts of original jurisdiction. Generally, these courts are the first level of the judiciary and handle cases in the first instance. Trial courts typically receive case filings, submissions, and evidence, after which the presiding judge issues their decision.

New Mexico trial courts comprise one general jurisdiction court and four limited jurisdiction courts.

District Courts in New Mexico

Organized across 13 judicial districts, the New Mexico District Court is the state's only trial court of general jurisdiction. The court has jurisdiction to hold jury trials and handle civil (including tort, contract, real property, and estate matters) and criminal cases.

The court also has exclusive jurisdiction over juvenile cases, domestic relations, mental health cases, appeals for administrative agencies and courts of limited jurisdiction, and misdemeanor appeals. Miscellaneous civil cases, which means cases where no other court has exclusive jurisdiction, are also handled by the District Court.

Magistrate Courts in New Mexico

The New Mexico Magistrate Court is one of the limited jurisdiction courts. The court only has jurisdiction over tort, contract, and landlord/tenant matters with a value not exceeding 10,000). Its criminal jurisdiction includes conducting felony preliminary hearings and handling misdemeanor, DWI/DUI cases, and other traffic violations.

Bernalillo County Metropolitan Court

This court exercises the same jurisdiction as the Magistrate Courts, but its jurisdiction extends to handling felony first appearances and hearing domestic violence cases.

New Mexico Municipal Court

Unlike the other courts that are state courts, the New Mexico Municipal Court is a city court and a court of limited jurisdiction. The court only exercises jurisdiction over petty misdemeanors, DWI/DUI offenses, traffic violations, and other municipal ordinance violations.

New Mexico Probate Court

The New Mexico Probate Court primarily handles probate-related cases that are uncontested. Contested cases go directly to the District Court.

What are the Specialty Courts in New Mexico?

In addition to the trial and appellate courts, New Mexico operates Specialty Courts. These courts, commonly known as "Problem-Solving" or "Treatment" courts, cater to specific people and past offenders, curating programs that help to rehabilitate them, reintegrate them into society, and help them address certain behavioral problems.

Examples of such behavioral problems include drug addiction and mental health issues. These Specialty Courts are broadly classified as drug courts or mental health courts.

New Mexico State Court Records vs. Federal Court Records

Court records encompass documents, exhibits or admitted evidence, written submissions, any other material filed or lodged with the court, the court's register of actions and docket entries, and other documents or materials generated by the court in handling a case or performing its duties.

The major difference between New Mexico court records and federal court records is the court. New Mexico court records relate to records from one of the state or city courts, including civil, criminal, family, traffic, and probate case records. On the other hand, federal court records relate to records from any of the federal courts operating in New Mexico.

Federal courts in New Mexico include the United States District Courts within the state, and federal court records include cases involving an interpretation of federal law, bankruptcy cases, and cases involving the United States as a party.

New Mexico court records are easily accessible on any of the state-maintained online platforms or by visiting the relevant court clerk's office. Likewise, federal court records are accessible on the Public Access to Court Electronic Records (PACER) database, a federal court records database, or by visiting the court clerk's office.

What Are Public and Non-Public Court Records in New Mexico?

New Mexico court records are generally accessible to members of the public upon request (although this access may come at a fee). However, it is noteworthy that certain court records may be restricted to public access due to privacy concerns, protection of sensitive information, and public safety:

How To Seal or Expunge New Mexico Court Records

The New Mexico Criminal Record Expungement Act (CREA) outlines the general procedure for expunging certain records in the state and the effect of an order to expunge.

By the provisions of the CREA, expunging a criminal record in New Mexico has the same effect as "sealing" the record. It does not entail the deletion or destruction of the expunged record but merely entails removing the expunged record from public access.

Nevertheless, the rules of court of the District Court and Magistrate Court separately outline the process for sealing all or part of the court's records. Sealing court records under any of the rules of the court has the same effect as an order to expunge. This means that the records will only be restricted from members of the public.

How To Seal Court Records in New Mexico

The sealing process and requirements in the District Courts and Magistrate Courts of New Mexico are largely the same. It involves filing a Motion to Seal Court Records in the relevant court. The Motion must state the law, rule, or regulation that the movant (the person filing the motion) is relying upon.

The movant must also satisfy the following requirements:

• The existence of an overriding interest that overcomes the right of public access to the court record;
• The overriding interest supports sealing the court record;
• A substantial probability exists that the overriding interest will be prejudiced if the court record is not sealed;
• The proposed sealing is narrowly tailored; and
• No less restrictive means exist to achieve the overriding interest.

How To Expunge Court Records in New Mexico

An order to expunge is limited to specific records and stringent requirements. It primarily applies to the following court records:

• Records involving cannabis;
• Records of persons wrongfully identified in arrest records or public records as a result of identity theft;
• Records of persons arrested without a conviction (one year from the date of the final disposition in the case); and
• Records of persons arrested and convicted (following the completion of the person's sentence, the payment of any fines or fees owed to the state for the conviction, and a confirmation that the person has not been convicted for any other offense between two and ten years since their sentence).

Note that the following convictions are ineligible for expungement:

• An offense against a child;
• An offense that caused great bodily harm or death to another person;
• A sex offense;
• Embezzlement; or
• An offense involving driving while under the influence of intoxicating liquor or drugs.

To expunge a court record in New Mexico, you may file any of the following forms (whichever is relevant) with the relevant court:

• Petition to expunge arrest records and public records (identity theft);
• Petition to expunge arrest records and public records (upon release without conviction);
• Petition to expunge arrest records and public records (upon conviction).

Following the filing, the court will hear the petition and issue a decision either allowing or denying the petition.

How Do You Access New Mexico Court Records?

There are multiple options through which interested persons can access New Mexico court records. They may do so by utilizing any of the state-maintained online platforms that they are eligible to use or by visiting the court clerk's office in person.

Online Access to New Mexico Court Records

Court records in New Mexico are easily accessible to members of the public, as the state's judiciary maintains two major online platforms to facilitate this process:

• The New Mexico Case Lookup: This platform is available to all members of the public, and allows interested persons to view case records since 1997. However, users cannot obtain documents through this platform.
• Re:SearchNM portal: This platform is available to specific persons, and users must register a user account before using this platform. The platform allows users to view case records and obtain copies, although users may need to pay a fee for this service.

In-Person Access to New Mexico Court Records

New Mexico courts generally allow in-person access to court records within the court's jurisdiction and care. Interested persons may visit the relevant court clerk's office and make their request in person. Note that some courts may require an appointment, a written request, or charge a fee for this service.

Ideally, interested persons should first contact the relevant court clerk's office to confirm the procedures for in-person access to court records before heading to the courthouse.

How To Request Judicial Administrative Records

Judicial administrative records are considered public records in New Mexico. Subject to restrictions applicable to such records, interested persons may request judicial administrative records online by submitting a completed IPRA Online Request Form.

Alternatively, you can send a mail providing sufficient information as required in the Online Request Form to:

How To Access Older and Archived Court Records in New Mexico

Some older court records in New Mexico or those not available on any of the state's online case platforms are typically accessible at the relevant courthouse. A requester may visit the court clerk's office to make the relevant inquiries and access these court records.

Considering each court may have its rules governing access to records under its jurisdiction, it is best that you contact the relevant court clerk before visiting the court in person. This way, you know of any such rules or requirements and can comply with them to avoid delays.