New Mexico Background Check Laws

What are New Mexico employment background check laws?

We update this overview of New Mexico background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

FCRA State Laws Ban-the-box

FAIR CREDIT REPORTING ACT (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.

State laws

New Mexico Statute 56-3-6 – Report information; limitations

Our take: CRAs cannot report on an applicant’s bankruptcy information if that information is more than 14 years old. Additionally, CRAs cannot report on an applicant’s records of arrests and indictments that did not lead to a conviction or were granted full pardons. Any other information that predates the report by 7 years should not be reported.

BAN-THE-BOX AND FAIR HIRING LAWS

STATE LAWS — PUBLIC AND PRIVATE COMPANIES

Who must follow: This ban-the-box law applies only to public sector employers for the State of New Mexico and its cities and counties.

Timing of inquiry: Public sector employers for the State of New Mexico may only inquire into criminal history after the applicant has been named a finalist.

Consideration of records: This ban-the-box law prohibits public sector employers from considering records of arrest not followed by conviction and misdemeanor convictions not involving moral turpitude.

Adverse action implications:

  • Final adverse action: Public sector employers must state in writing the reasons for a decision prohibiting the person from engaging in employment or obtaining a license when such decision is based, in part, on a criminal history inquiry.
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If you’re confused by overlapping ban-the-box, FCRA, and EEOC requirements, you’re not alone.

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