Section 29-10-3 - Definition

As used in the Arrest Record Information Act, 'arrest record information' means notations of the arrest or detention or indictment or filing of information or other formal criminal charge against an individual made by a law enforcement agency. History: 1953 Comp., § 39-10-3, enacted by Laws 1975, ch. 260, § 3; 1977, ch. 339, § 1; 1993, ch. 260, § 3. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, made a minor stylistic change in the section heading, deleted the Subsection A designation which formerly preceded 'arrest record information', deleted 'which resulted in a negative disposition; and' which formerly followed 'law enforcement agency', and deleted former Subsection B which defined 'negative disposition'. Section includes both felony and misdemeanor arrest records. 1975 Op. Att'y Gen. No. 75-37 (opinion superseded by 1978 Op. Att'y Gen. No. 78-09). Definition of 'arrest record information' does not include investigative reports. 1978 Op. Att'y Gen. No. 78-09. 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

lity 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.