# New Mexico

New Mexico licenses private investigators through the Regulation and Licensing Department, advised by the Private Investigations Advisory Board. A 2023 overhaul limited skip tracing and crash reconstruction to licensed investigators and listed exceptions, replaced the company bond with liability insurance, and added a psychological evaluation for armed investigators. A 2026 law restricts sharing of license plate reader data, and the Act is set to be repealed July 1, 2030 unless extended.

Source: https://uscli.org/licensing-tracker/new-mexico

## At a glance

- **Authority:** [Regulation and Licensing Department](https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/private-investigations-security-guard/) (NMSA 61-27B-5), advised by the Private Investigations Advisory Board
- **Statute:** [Private Investigations Act, NMSA 1978, 61-27B-1 and following](https://www.nmlegis.gov/Sessions/23%20Regular/final/HB0384.pdf)
- **Rules:** [16.48 NMAC](https://www.srca.nm.gov/parts/title16/16.048.0002.html), amended effective January 13, 2026
- **Who is licensed:** Private investigators, private investigations managers, and companies; private investigations employees are registered and work under a licensed investigator (61-27B-3, -7, -8, -14). New Mexico attorneys and their supervised employees, insurers and adjusters, and others are exempt (61-27B-4(B)). Out-of-state investigators may work a case begun in their home state for up to 30 days per case (16.48.2.24 NMAC).
- **Qualifications:** At least 21, a jurisprudence exam, 3 years of investigative experience within the last 5 (at least 6,000 hours), and an FBI fingerprint check (61-27B-7; 16.48.2.9 NMAC). The statute bars a felony, an offense involving dishonesty, or a violent or weapons offense (61-27B-7(A)(3)); the rules bar denial based only on any other conviction or on arrests without conviction (16.48.9.14).
- **Renewal:** Every 3 years (16.48.7.8 NMAC). $100 application; $300 investigator license; $200 manager; $300 company; $100 employee registration; $100 late fee (16.48.5.8). A 30-day grace period with the late fee follows expiration.
- **Continuing education:** 6 hours per 3-year period, at least 2 a year (16.48.6.8 NMAC), subject to random audit since 2026
- **Bond or insurance:** Companies need at least $1,000,000 in general liability insurance (61-27B-8(B); 16.48.2.8 NMAC); no bond.
- **Firearms:** An investigator may carry a firearm only after department-mandated training and a psychological evaluation (61-27B-31), with annual qualification at 80% (16.48.4.8 NMAC).

## Changes, 2023 to 2026

- Jul 1, 2026 — **Limits on sharing license plate reader data** — SB 40 (2026), Laws 2026, ch. 20, Driver Privacy and Safety Act · Signed March 4, 2026; effective July 1, 2026 — A person or entity that owns, operates, or has access to automated license plate reader information may not sell, share, or make it available to anyone other than law enforcement, except its own vendor (sec. 3(C)), and privately captured data may be released only with the private entity’s express consent or under a court order (sec. 3(E)). An intentional violation carries a civil penalty of $10,000 or actual damages, whichever is greater. The law covers readers capable of comparing plate data against law enforcement databases, including privately owned ones. — **For licensees:** Check vendor terms before relying on plate-reader results for New Mexico subjects. — [SB 40](https://www.nmlegis.gov/Sessions/26%20Regular/final/SB0040.pdf)
- May 20, 2026 — **More MVD record fields made confidential** — SB 111 (2026), Laws 2026, ch. 11 · Signed March 3, 2026; effective May 20, 2026 — Adds sex, gender identity, immigration status, and national origin to the Motor Vehicle Code’s definition of personal information (NMSA 66-1-4.14(F)), which is confidential under 66-2-7.1. — **For licensees:** Expect these fields to be redacted from MVD records. — [SB 111](https://www.nmlegis.gov/Sessions/26%20Regular/final/SB0111.pdf)
- Jan 13, 2026 — **Continuing education audits and record-keeping; new fees** — 16.48 NMAC amendments, N.M. Register Vol. XXXVII, Issue 1 · Effective January 13, 2026 — Continuing education must be completed within the renewal period, licensees must keep documentation including provider contact information, renewing licensees are randomly audited, and the board may accept a sworn affidavit in place of documents at renewal (16.48.7.8). Adds a $35 returned-check fee and a $10 administration fee (16.48.5.8) and drops the photo requirement for renewals. — **For licensees:** Keep CE certificates for the full cycle; renewing on an affidavit can still lead to an audit. — [N.M. Register](https://prod-rf-lambda.rtssaas.com/PublicFiles/d89c47bd0d70402dba89b03a22bda6d1/9339cf4c-dafd-4c34-b076-cbb226bd050d/xxxvii01.pdf)
- Jul 1, 2025 — **MVD data barred for most immigration enforcement** — SB 36 (2025), Laws 2025, ch. 138 · Signed April 10, 2025; effective July 1, 2025 — Bars disclosure of MVD personal information for enforcing the federal Immigration and Nationality Act, other than its felony criminal provisions, and requires nongovernmental entities with MVD data access to certify they will not use it for that purpose (NMSA 66-2-7.1). The permitted uses of MVD personal information otherwise remain those already listed in the statute. — **For licensees:** Vendors and investigators with MVD access must make the certification. — [SB 36](https://www.nmlegis.gov/Sessions/25%20Regular/final/SB0036.pdf)
- Jul 18, 2023 — **Rules implement the 2023 overhaul** — 16.48 NMAC amendments, N.M. Register Vol. XXXIV, Issue 13 · Effective July 18, 2023 — Replaces the $10,000 surety bond with a $1,000,000 general liability certificate for companies (16.48.2.8), sets the psychological evaluation for firearm certification (16.48.2.21), and resets fees, including the investigator employee registration from $75 to $100 (16.48.5.8). — **For licensees:** Current insurance and fee requirements come from this filing. — [N.M. Register](https://www.srca.nm.gov/nmac/nmregister/pdf/xxxiv13.pdf)
- Jul 1, 2023 — **Private Investigations Act overhauled** — HB 384 (2023), Laws 2023, ch. 190 · Signed April 5, 2023; effective July 1, 2023 — Limits skip tracing to law enforcement employees, private investigators, and New Mexico attorneys and their supervised employees (61-27B-4(D)), and requires anyone offering traffic crash reconstruction, other than certified officers and New Mexico professional engineers, to be a licensed investigator with an approved course (61-27B-4(C)). Removes the good moral character requirement for investigators, companies, and employees (61-27B-7, -8, -14), replaces the company surety bond with liability insurance (61-27B-8, -24), adds a psychological evaluation before carrying a firearm (61-27B-31), and changes renewal from annual to at least every 2 years (61-27B-21). — **For licensees:** Skip tracing and crash reconstruction services require a license unless an exception applies. — [HB 384](https://www.nmlegis.gov/Sessions/23%20Regular/final/HB0384.pdf)
- Jun 16, 2023 — **Act set to be repealed July 1, 2030** — HB 201 (2023), Laws 2023, ch. 15 · Signed March 16, 2023 — Terminates the Private Investigations Advisory Board on July 1, 2029 under the Sunset Act and repeals the Private Investigations Act on July 1, 2030 (NMSA 61-27B-36). — **For licensees:** The Legislature must extend the Act before July 1, 2030. — [HB 201](https://www.nmlegis.gov/Sessions/23%20Regular/final/HB0201.pdf)

## Checked and unchanged

- No law amended the Private Investigations Act in the 2024, 2025, or 2026 sessions.
- New Mexico enacted no tracking device, stalking, recording, or data broker law in 2023–2026; data broker and consumer privacy bills in 2025 and 2026 died.