New Mexico

CNCS provides this state by state guide for informational purposes only and makes reasonable efforts to ensure the quality of the information. You are responsible for determining the suitability of the information and your use of the information in this guide, and for compliance with NSCHC requirements (45 CFR 2540.200 - .207). CNCS makes no express or implied warranty, no representation, nor assumes any legal liability or responsibility for the accuracy, correctness, timeliness, or completeness of any information in, or available through, this guide. The information in this guide is presented in good faith and believed to be correct. You assume the risk of relying on the information contained in this guide. Links to non-CNCS websites are provided for informational purposes only.

CNCS is not responsible for the content of non-CNCS websites. CNCS neither endorses the information, content, presentation, or accuracy nor makes any express or implied warranty regarding external websites or any commercial product or service.

If you identify information that is outdated, please notify us at CHC@cns.gov.

New Mexico is an open records state.
Some form of criminal history information is open to the public in “open records” states. In “closed records” states, access to criminal history information is not generally available to the public, but is available to authorized entities (e.g. law enforcement agencies).
 

Contact Information

Department of Public Safety
Phone: (505) 827-9181
 

State Checks 

General Information on State Checks:

  • While two options for types of state checks are listed below, name-based and fingerprint-based, only one type of state check is required. CNCS does not recommend one of these checks over the other. Either the name-based state check or the fingerprint-based state check is acceptable.
  • Please note that to be in compliance with CNCS requirements, recipients may have to conduct checks in up to two states: the  state of service/work check on individuals in covered positions, as well as a state of residence check (i.e. if the state of residence is different from the state of service/work at the time of application).


Name-Based State Checks

Available from: Department of Public Safety, Technical and Emergency Support Division
 
What is released: Arrest record information on persons who were arrested in New Mexico and fingerprinted at the time of the arrest. This arrest record information is limited to felonies, misdemeanors (offenses punishable by 6 months or more imprisonment), and DWI offenses.
 
Cost: $15.00 plus $5.00 notary fee (notarization is required)
 
How long does it take to obtain results? 
7-15 working days from the date of receipt depending on Department’s current volume and workload 
 
Available to: Organizations and individuals. Individuals may authorize a release of their records for organizational review. 
 

Fingerprint-Based State Checks

Available from: Department of Public Safety, Technical and Emergency Support Division
 
What is released: Arrest record information on persons who were arrested in New Mexico and fingerprinted at the time of the arrest. This arrest record information is limited to felonies, misdemeanors (offenses punishable by 6 months or more imprisonment), and DWI offenses. 
 
Cost: $33.00 for electronic submission; $44.00 for manual submission PLUS the cost of fingerprinting: $9.00 for first 2 sets, $2.50 for each additional set
 
How long does it take to obtain results? 24 – 48 hours for electronic submission; 7 – 14 days for manual submission 
 
Available to: Organizations and individuals. Individuals may authorize a release of their records for organizational review.
 
Additional notes: As of November 2013, the DPS Applicant Fingerprint Background Check Unit no longer accepts hard copy fingerprint cards; all fingerprints are processed electronically through Cogent. Visit this website for more information and to learn how to register with Cogent for fingerprint services: http://www.dps.state.nm.us/wp-content/uploads/Cogent-Procedures.pdf
 

Approved Alternative Repositories 

State repositories are institutions that house and maintain the arrest and disposition (or outcome) information for cases handled in that state. Each state has a central repository, and CNCS has designated one in each state that grantees must use. In some cases, generally when a different institution is able to provide information that is equivalent to what is provided by the state repository, CNCS may designate them as an Approved Alternative Repository.
The New Mexico Department of Health Caregivers Criminal History Screening Program (CCHSP)
https://nmhealth.org/about/dhi/cchsp/ Note:  This service may not be available to all grantees.
 

FBI Checks 

 
State Repository Provides FBI Checks: Yes 
 
How long does it take to obtain results? 48 – 72 hours (excluding weekends); Prints submitted manually typically receive responses within 7 – 14 working days
 
Cost: $54.15 (money order or cashier’s check, payable to Cogent Systems; bring payment with online confirmation to the fingerprint site)
 
Additional Notes: Full information on registering with DPS’s fingerprinting provider, Cogent, is here: http://www.dps.state.nm.us/wp-content/uploads/Cogent-Procedures.pdf. This includes creating an account and registering through the site, providing payment, and receiving a registration number for fingerprinting at a Cogent location. 
 
CNCS FBI Channeler:  Organizations that cannot successfully use the state repository for FBI checks may use CNCS’s FBI-approved Channeler, Fieldprint, for FBI checks. 
 
Cost: The cost for one FBI check through Fieldprint is $27.50. 
 
How long does it take to receive results? The majority of checks conducted electronically take no more than two business days from the date the fingerprints are captured. If an applicant does not live near a Fieldprint livescan location and fingerprints must be taken manually and mailed, it will take longer to receive the results. See the Fieldprint Guide and FAQ (linked below) for more information.
More information
Fieldprint Guide and FAQs: https://www.nationalservice.gov/FBIGuidance (see document, “Using Fieldprint as an FBI Channeler – A Guide for CNCS Recipients”)
Fieldprint website: http://www.fieldprintcncs.com/
 

NSOPW (National Sex Offender Public Website) Check

A required component of the NSCHC is a nationwide check of NSOPW.gov before an individual begins work or service in a covered position. Please note that a compliant nationwide NSOPW check must include reports from all states, territories, and tribes. If any state, territory, or tribe is unavailable at the time the NSOPW check is conducted, you must either run a nationwide NSOPW check again through NSOPW.gov and ensure that all entities are reporting, or run a separate check for each entity that is not reporting through the state sex offender registry website.

Please note that a check of a single state’s sex offender registry alone is not sufficient to meet the requirements of the nationwide NSOPW check requirement. The information provided in the State Sex Offender Registry Information section is for reference purposes only in the event that a single state sex offender registry check is necessary to supplement an incomplete nationwide NSOPW check.

 

State Sex Offender Registry Information

 

Individuals Requesting Criminal History Records (versus Organizations)

1. Fill out request form.  To obtain arrest record information, a Department of Public Safety (DPS) Authorization for Release of Information form must be completely filled out. The DPS must receive the authorization form with the original signature. You must indicate your program as the appointed agent. 
2. Have the Authorization Form notarized.
3. Submit the form and payment to the Department of Public Safety. The cost is $15.00 per record check, paid with a money order or cashier’s check to the Department of Public Safety. The DPS address is as follows: 
Department of Public Safety 
P.O. BOX 1628 
Santa Fe, NM 87504-1628 
4.  Bring sealed results to program to ensure chain of custody.  


Revised as of 2/16/2018
 

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