Chapter 29, Article 10 NMSA 1978 may be cited as the "Arrest Record Information Act".
History: 1953 Comp., § 39-10-1, enacted by Laws 1975, ch. 260, § 1; 1993, ch. 260, § 2.
ANNOTATIONSCross references. — For right to inspect public records, see 14-2-1 NMSA 1978.
For children's code, confidentiality of social and legal records, see 32A-2-32 NMSA 1978.
The 1993 amendment, effective June 18, 1993, substituted "Chapter 29, Article 10 NMSA 1978" for "This act".
Article does not authorize expungement. — The Arrest Records Information Act [Chapter 29, Article 10 NMSA 1978] does not grant the courts authority to expunge or seal criminal records. Toth v. Albuquerque Police Dep't, 1997-NMCA-079, 123 N.M. 637, 944 P.2d 285.
Arrest Record Information Act may be viewed as establishing statutory exceptions to the fundamental right to inspect. It does so, however, in a rather conflicting manner, and it appears that virtually all arrest record information is subject to at least a limited or conditional disclosure. 1978 Op. Att'y Gen. No. 78-09.
Identity of individuals arrested or charged with crime not protected. — Neither the Arrest Record Information Act [Chapter 29, Article 10 NMSA 1978] nor the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] authorizes a law enforcement agency to protect the identity of persons who have been arrested or charged with a crime. 1994 Op. Att'y Gen. No. 94-02.
Release of timely, accurate information. — The Arrest Record Information Act does not prohibit release of timely, accurate information when a juvenile is arrested for a criminal act. 1987 Op. Att'y Gen. No. 87-29.