New Mexico Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. In New Mexico, it may be classified as a misdemeanor or a petty misdemeanor. This article focuses on how misdemeanors are handled in New Mexico.

What Is a Misdemeanor in New Mexico?

According to Section 30-1-6 of the New Mexico Statutes, a misdemeanor is a crime that carries a sentence of imprisonment of more than six months but less than one year. The crime may also attract additional penalties, including fines up to $1,000. The main difference between misdemeanors and felonies lies in the seriousness of the crime and the punishment.

Infractions are punishable only by fines. Misdemeanors are less severe and carry a maximum of one year in county jail; felonies are more serious and may result in over a year in state prison. Anyone convicted of a felony may also receive heavy fines or loss of civil rights, in addition to prison time.

Common examples of misdemeanors include lower-value theft, simple battery/assault, shoplifting, disorderly conduct, and some first-offense impaired-driving cases. In New Mexico, a first-time offender for driving while intoxicated (DWI) is charged with a petty misdemeanor.

Misdemeanor Classes and Penalties in New Mexico

New Mexico does not classify misdemeanors in lettered categories (No A/B/C labels). Instead, the state applies general sentencing statutes that provide a baseline:

• Misdemeanor: It carries up to one year in county jail and a fine of less than $1,000.
• Petty misdemeanor: Convicts may receive less than six months in jail and less than a $500 fine.

Convicts may receive additional punishment, including probation, restitution, community service, treatment/counseling, and no-contact orders. Repeated misdemeanors may lead to felonies. Some misdemeanors are charged as felonies if the defendant has one or more previous convictions for the same offense.

Sometimes, the law provides a maximum penalty that is lower than the standard penalties or imposes a mandatory minimum. The maximum sentence for a first offense of driving under the influence (DUI) is 90 days in jail and a $500 fine, but the defendant must be sentenced to at least 24 hours of community service.

Also, the possession of an illegal device for receiving unauthorized telecommunications services carries a mandatory minimum punishment of 30 days in jail, along with the standard maximum jail term for a misdemeanor.

Misdemeanor Court Process in New Mexico

New Mexico has several trial courts with criminal jurisdiction. These include Magistrate Courts (with limited jurisdiction), Bernalillo County Metropolitan Court (Albuquerque area), and Municipal Courts. The District Court is a court of general jurisdiction. The court handles felonies and hears appeals from lower courts.

From stop to sentencing (typical path).

• A citation or filing of a complaint may lead to the arrest of an individual.
• The defendant is arraigned in court, where the judge advises on the rights, appoints counsel (if eligible), and sets release conditions.
• There is a pre-trial where discovery, motions, and plea negotiations take place.
• At a trial, many misdemeanor charges are tried by a jury in the Magistrate's or Metropolitan Court. For petty misdemeanors in Municipal Court, there is no jury, and the judge has to decide the case from the bench.
• In sentencing, the court may impose detention in county jail, a fine, and other conditions (such as DWI screening, probation, restitution, and interlock devices).

Misdemeanor Records in Major New Mexico Cities

New Mexico provides a statewide online index and also court-specific tools. However, individuals may contact the appropriate court in their county to access records. Examples include:

• Albuquerque. Individuals may access misdemeanor records in the Bernalillo County Metropolitan Court. The court provides resources for self-representation on its website. Record seekers may contact the clerk’s office to view or request misdemeanor records.
• Las Cruces (Doña Ana County).Las Cruces Municipal Court offers online search and payments for eligible petty-misdemeanor/ordinance cases. Individuals may search by name, citation, or driver’s license number.
• Santa Fe (Santa Fe County). The Santa Fe Municipal Court maintains a Public Access Portal for its cases. Anyone may access this portal or visit the clerk’s office to view or obtain copies of criminal records.

How to Search for Misdemeanor Records in New Mexico

According to the New Mexico Inspection of Public Records Act (IPRA), misdemeanor criminal records are public records. Unless these records are sealed by court order or are currently under investigation, anyone may decide to access the records. When they access the misdemeanor records, they may find the party names, case number, charges with statute cites, settings, Register of Actions (docket entries), dispositions, sentence terms, and financial balances.

Record seekers may view or obtain copies of misdemeanor records through:

• Public Case Lookup. Individuals may access misdemeanor records from the New Mexico State Judiciary Case Lookup. They may search the state portal by name or case number. The portal may not contain some records, such as information about juvenile and certain family violence cases. Re:SearchNM also allows the public to access detailed misdemeanor records (certified copies). However, users must register and agree to the terms of use and a non-disclosure agreement. Some courts also offer a portal or case search system, where individuals can access records without visiting the courthouses.
• Clerk’s office. Individuals may visit the clerk’s office at the appropriate court to request certified court records. They may check the New Mexico Courts website to find the correct court's contact information and hours of operation. Individuals must show a valid photo ID and provide the case number, parties involved, and date of the proceedings. Some records may require a fee (around $0.25 per page). Public computer terminals are also available at the courthouse to search databases for free.
• Third-party Tools. Individuals may check third-party tools or websites for misdemeanor records. However, it is important to be aware of their limitations and potential inaccuracies.

How Long Does a Misdemeanor Stay on Your Record in New Mexico?

In New Mexico, a misdemeanor record remains on an individual’s record unless it is expunged. To be eligible for expungement, an individual must complete their sentence, pay all fines, and wait for a specific period before petitioning the court. Such time periods include:

• 2 years: for municipal ordinance or misdemeanor convictions.
• 4 years: misdemeanor aggravated battery.

Many misdemeanor convictions are eligible for expungement after a specific period of time, but DWI records cannot be expunged.