What Are New Mexico Employment Background Check Laws?

This summary outlines New Mexico’s background check regulations and ban-the-box policies. Due to the rapid pace of legislative changes, we cannot guarantee the accuracy of all details. It’s recommended to consult with your legal counsel for precise legal advice.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA), enacted by the federal government, establishes a framework for hiring practices. It ensures the monitoring and protection of both employers and job applicants during the background check process.

State Laws

New Mexico Statute 56-3-6 – Report Information; Limitations

• Our Take: Consumer Reporting Agencies (CRAs) in New Mexico are prohibited from reporting an applicant’s bankruptcy if it occurred more than 14 years ago. Additionally, CRAs cannot report arrest or indictment records that did not result in a conviction or were fully pardoned. Any other information older than seven years should not be included in the report.

Ban-The-Box & Fair Hiring Laws

State Laws — Public Sector Employers

• Coverage: The ban-the-box law applies only to public sector employers within the State of New Mexico, including its municipalities and counties.

• Timing of Inquiry: Public sector employers are prohibited from inquiring about an applicant’s criminal history until the individual has been identified as a finalist for the position.

• Consideration of Records: Under the ban-the-box law, public sector employers cannot consider arrest records that did not lead to a conviction or misdemeanor convictions that do not involve moral turpitude.

• Adverse Action Implications:

  • Final Adverse Action: Public sector employers are required to provide written explanations for employment or licensing decisions that are influenced by an applicant’s criminal history, particularly when those decisions are based, in part, on a criminal background check.