New Mexico Identity Theft Laws and the Identity Theft Passport Program

New Mexico prosecutes identity theft as a fourth degree felony under NMSA 1978 § 30-16-24.1, and it is one of a small group of states that runs its own Identity Theft Passport program, a state database and photo credential that helps victims avoid being confused with the person who stole their identity, including during a traffic stop or a later encounter with police.

This article addresses New Mexico's identity theft statute and its Identity Theft Passport program, together with the state and federal credit-file protections that apply. It does not cover every state's law; see the identity theft laws hub for other states.

New Mexico's Identity Theft Statute: NMSA 1978 § 30-16-24.1

New Mexico's identity theft law covers two related offenses. Theft of identity means willfully obtaining, recording, or transferring another person's personal identifying information without their authorization or consent, with intent to defraud that person or someone else, or with intent to sell or distribute the information to another person for an illegal purpose. Obtaining identity by electronic fraud means knowingly and willfully soliciting, requesting, or taking action through fraudulent electronic communication with intent to obtain another person's personal identifying information, the statute's version of a phishing-style offense. Our guide to phishing, smishing and vishing shows how those emails, texts and calls usually look and what to do if you clicked a link or gave out information.

Both offenses are fourth degree felonies in New Mexico, not further tiered by the dollar value involved. The statute also sets a distinctive venue rule: prosecution can proceed in the county where the victim resided when the offense occurred, or in any county where part of the offense took place, even if the defendant was never physically present in that county. That rule matters for a crime that increasingly happens entirely online, where an offender and a victim can be states apart.

New Mexico also gives identity theft its own limitations period, and it runs from an unusual starting point. Under NMSA 1978 § 30-1-8(F), a prosecution for an identity theft crime under § 30-16-24.1 must begin within five years from the time the crime was discovered, not from the time it was committed, which is the ordinary rule for a fourth degree felony in New Mexico. That distinction matters for an offense a victim often does not learn about for years.

Restitution is built directly into New Mexico's identity theft law. A person found guilty must, in addition to any other punishment, make restitution for any financial loss the victim sustained, and New Mexico's law specifically describes that restitution as covering costs the victim incurs clearing their credit history as well as their criminal record, a detail that connects directly to the Identity Theft Passport program described below.

New Mexico's Identity Theft Passport Program

New Mexico is one of a small number of states that runs a formal Identity Theft Passport program. It is created by NMSA 1978 § 31-26-15, and the Attorney General administers it in cooperation with the Department of Public Safety and the Motor Vehicle Division of the Taxation and Revenue Department.

Two separate things happen here, and the difference matters. First, the Attorney General maintains a database of identity theft victims who have either reported to a law enforcement agency or been issued a passport, so filing a police report is what gets a victim into that database. Access is narrow. Under § 31-26-15(E), the Attorney General may provide access to the database only to criminal justice agencies. The Motor Vehicle Division is not one of them; its role, under § 31-26-15(C), is to note on the person's driver record that a passport has been issued, and it may work with the Attorney General on developing a secure form of the passport. A victim or the victim's authorized representative may be given access to that person's own specific information for identification and authentication purposes.

Second, the passport itself is not automatic. A victim must apply to the Attorney General and supply a full set of fingerprints, a driver's license or other government-issued identification or record, and any other information the Attorney General requires. The statute as written in 2009 offered a certified copy of a court order under NMSA 1978 § 31-26-16 as an alternative to fingerprints, but that section was repealed by Laws 2019, ch. 203, § 8, effective January 1, 2020, so the fingerprint route is the one that remains in practice.

The passport carries a photograph of the person it was issued to, plus whatever other information the Attorney General deems appropriate. Its practical value is set out in § 31-26-15(D): the passport is to be accepted as evidence of identity by law enforcement officers and others who may challenge the person's identity. That is exactly the situation a victim faces if the person who stole their identity gave the victim's name to police.

The police-report duty behind the program is codified at NMSA 1978 § 29-1-17. When a law enforcement officer interviews an alleged identity theft victim, the officer must make a written report of the information provided by the victim and by witnesses, on forms provided by the Attorney General, and a copy of that police report is filed with the Office of the Attorney General.

Separately, the New Mexico Department of Justice has entered into a partnership with the Identity Theft Resource Center, giving victims a live-chat assistance option through the ITRC's own site in addition to the standard federal reporting process. Victims are also directed to file a complaint with the FTC.

Clearing Your Name From New Mexico Arrest and Public Records

Identity theft often leaves a victim's name in arrest records or other public records because the offender gave that name to police. New Mexico has a statute aimed squarely at that harm. Under NMSA 1978 § 29-3A-3, a person wrongfully identified in arrest records or public records as a result of identity theft may petition the district court for an order expunging those records.

After a hearing on the petition, and on a showing that the person is a victim of identity theft, the court must issue the expungement order within thirty days of the hearing. The order goes to all relevant law enforcement agencies and courts and prohibits them from releasing copies of the records to anyone except on court order. The court also inserts the correct name and identifying information of the actual offender in place of the victim's, where that is known or ascertainable, after notice to and a hearing for all interested parties.

This provision took effect January 1, 2020, as part of Laws 2019, ch. 203, the same act that repealed the older expungement section the Passport statute originally pointed to.

Credit Freezes and Fraud Alerts in New Mexico

New Mexico has its own credit freeze law, the Fair Credit Reporting and Identity Security Act, NMSA 1978 §§ 56-3A-1 to 56-3A-6. Under § 56-3A-3, a consumer may request a security freeze from a consumer reporting agency, the agency must place it no later than three business days after the request, and within five business days of placing it the agency must send written confirmation and issue a unique PIN, password, or similar device for later lifts. A freeze stays in place until the consumer asks for its removal, which the agency must complete within three business days. The Act allows small fees in some circumstances but expressly bars charging a consumer aged sixty-five or older, or a victim of identity theft who provides a valid police or investigative report alleging identity theft.

Section 56-3A-3.1 gives identity theft victims a further tool, a declaration of removal, which requires the agency to strip the disputed information from the consumer's file and credit reports within five days and bars the agency from noting the removal on the report or implying to third parties that the consumer's credit is negative as a result. Under § 56-3A-5, an affected consumer or the Attorney General may sue an agency that violates the Act for injunctive relief, actual damages, a civil penalty of up to $2,000 per violation of the security freeze provisions, and costs and attorney fees.

The federal layer applies on top of that and is broader in places. Under 15 U.S.C. § 1681c-1, the three nationwide credit reporting agencies must place and remove a security freeze free of charge, and a parent, guardian, or person with valid power of attorney can freeze a minor's credit file under the federal Protected Consumer Freeze provision, which is the route to use for a child's file. The same statute provides a free 1-year initial fraud alert and, with an FTC Identity Theft Report, a free 7-year extended fraud alert. Under 15 U.S.C. § 1681c-2, a victim with an FTC Identity Theft Report can get fraudulent information blocked from their credit report within 4 business days of the credit reporting agency receiving the required documentation.

What To Do If You're a Victim of Identity Theft in New Mexico

File a police report with your local New Mexico law enforcement agency; that is what puts you into the Attorney General's identity theft database. Separately, file a report at IdentityTheft.gov to create an FTC Identity Theft Report and a personalized recovery plan, and contact the New Mexico Department of Justice, which can connect you with the Identity Theft Resource Center's live-chat assistance. Place a security freeze with each of the three credit bureaus, which is free to you under both the federal rules and New Mexico's own Act once you supply a police report. If the person who stole your identity has been giving your name to police, apply to the Attorney General for an Identity Theft Passport, and ask about petitioning the district court under NMSA 1978 § 29-3A-3 to expunge arrest or public records that carry your name.

Information last verified on 2026-09-02 against the official NMSA 1978 compilations published by the New Mexico Compilation Commission (Chapters 29, 30, 31 and 56), the New Mexico Department of Justice's scam-prevention and identity theft resource, and federal law under 15 U.S.C. §§ 1681c-1 and 1681c-2. NMSA 1978 § 30-16-24.1 was enacted by Laws 2001, ch. 138, § 1 and amended twice: the 2005 amendment raised theft of identity from a misdemeanor to a fourth degree felony and added the electronic-fraud offense, and Laws 2009, ch. 95, § 3 is the most recent amendment shown in the current compilation. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert
• Child Identity Theft
• Tax Identity Theft: When to File IRS Form 14039

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Last updated: 2026-09-02.

Frequently Asked Questions

What is New Mexico's Identity Theft Passport program?

It is a state program created by NMSA 1978 § 31-26-15 and administered by the New Mexico Attorney General, working with the Department of Public Safety and the Motor Vehicle Division. Filing a police report puts a victim into the Attorney General's identity theft database, which by statute may be opened only to criminal justice agencies. The passport itself requires a separate application to the Attorney General with a full set of fingerprints and a government-issued ID. It carries the holder's photograph and is to be accepted as evidence of identity by law enforcement officers and others who challenge that identity, such as during a traffic stop.

What degree felony is identity theft in New Mexico?

Both offenses under NMSA 1978 § 30-16-24.1, theft of identity and obtaining identity by electronic fraud, are fourth degree felonies in New Mexico.

How long does New Mexico have to file identity theft charges?

Five years, but the clock starts differently than for most felonies. NMSA 1978 § 30-1-8(F) sets a five-year limitations period for an identity theft crime under § 30-16-24.1 running from the time the crime was discovered, rather than from the time it was committed.

Can I get restitution if I'm an identity theft victim in New Mexico?

Yes. New Mexico's identity theft law requires a convicted person to pay restitution for the victim's financial loss, and the law specifically contemplates that restitution can cover the cost of clearing both credit history and criminal records.

Can I clear my name from New Mexico arrest records after identity theft?

Yes. NMSA 1978 § 29-3A-3 lets a person wrongfully identified in arrest records or public records because of identity theft petition the district court for expungement. After a hearing, and on a showing that the petitioner is an identity theft victim, the court must issue the order within thirty days, and it inserts the actual offender's correct name and identifying information in place of the victim's where that is known or ascertainable.

Where can I file a report if I'm an identity theft victim in New Mexico?

File a police report with your local law enforcement agency, which puts you into the Attorney General's identity theft database and starts the paper trail for an Identity Theft Passport application. Also file a report at IdentityTheft.gov for a federal recovery plan, and contact the New Mexico Department of Justice, which partners with the Identity Theft Resource Center for live-chat assistance.

Does New Mexico have a free credit freeze for identity theft victims?

Yes, under both state and federal law. New Mexico's Fair Credit Reporting and Identity Security Act, NMSA 1978 § 56-3A-3, requires a consumer reporting agency to place a freeze within three business days of a request and bars any fee for a victim of identity theft who provides a valid police or investigative report. Federal law, 15 U.S.C. § 1681c-1, separately entitles every New Mexico resident to a free security freeze and free fraud alerts from each of the three nationwide credit reporting agencies.