2023 New Mexico Statutes › Chapter 29 - Law Enforcement › Article 10 - Arrest Record Information › Section 29-10-4 - Confidentiality of arrest records.

Arrest record information that reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime is confidential and dissemination or revealing the contents of the record, except as provided in the Arrest Record Information Act or any other law, is unlawful.
History:
1953 Comp., § 39-10-4, enacted by Laws 1975, ch. 260, § 4; 1993, ch. 260, § 4.
ANNOTATIONS
Cross references.
— For use of police reports for commercial solicitation,
see
14-2A-1 NMSA 1978.
For crimes defined and classified,
see
30-1-4 to 30-1-6 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, inserted "that reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is", inserted "or any other law", and made minor stylistic changes throughout the section.
Penalty provision repealed.
— While this section still provides that violations of the Arrest Record Information Act are "unlawful," there are no longer any criminal sanctions for releasing arrest record information in violation of the provisions of the act, since 39-10-7, 1953 Comp., the penalty provision, was repealed by Laws 1977, ch. 339, § 6. 1978 Op. Att'y Gen. No. 78-09.
Limited protection of accused.
— This section protects the confidentiality of information concerning the identity of a person who has been accused but not charged with a crime only if that information has been collected in connection with an investigation of, or otherwise relates to, another person who has been charged with committing a crime. However, information in other records which identifies a person accused but not charged with or arrested for a crime may be protected from public disclosure under Section 14-2-1 NMSA 1978 et seq. Finally, even if it would otherwise be protected under either statute, information about a person accused but not charged with a crime is open to public inspection if it is contained in a document listed in Section 29-10-7 NMSA 1978. 1994 Op. Att'y Gen. No. 94-02.
Confidentiality provisions do not apply to a suspect who was never arrested, detained or charged with a crime.
— Information as to an individual who has been accused but not charged with a crime is confidential under the Arrest Record Information Act (ARIA), 29-10-1 to 29-10-8 NMSA 1978, only when contained in arrest record information pertaining to another individual who has been criminally charged, and therefore ARIA does not apply to records pertaining to a suspect who was investigated twice for possible criminal violations, but was never arrested, detained, or charged with a crime, because the records involved are not "arrest record information" as defined by 29-10-3 NMSA 1978. Because the suspect was never arrested, detained, or charged with a crime, the records involved cannot possibly be notations of an arrest, detention or criminal charge, and therefore ARIA does not apply.
Interpretation of Arrest Record Information Act
(11/25/20), Att'y Gen. Adv. Ltr. 2020-09.
Confidentiality provisions do not apply where records at issue exclusively pertain to an individual who was arrested but not criminally charged.
— Information as to an individual who has been accused but not charged with a crime is confidential under the Arrest Record Information Act (ARIA), 29-10-1 to 29-10-8 NMSA 1978, only when contained in arrest record information pertaining to another individual who has been criminally charged, and therefore ARIA does not apply when the records at issue exclusively pertain to an individual who has been arrested but not criminally charged. The only way this arrestee could be afforded confidentiality under ARIA would be if the information at issue pertained to some other individual who had been charged with the commission of a crime.
Interpretation of Arrest Record Information Act
(11/25/20), Att'y Gen. Adv. Ltr. 2020-09.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Records and Recording Laws § 27.
6A C.J.S. Arrest § 62.