New Mexico State Background Check Laws

In March 2010, Senate Bill 254 (2010) was signed into law, prohibiting public employers from requesting criminal history checks until an applicant has been selected as a finalist for the position.

The law does allow employers to request a background check when determining an applicant’s eligibility for public licensure or employment, although any convictions are not an automatic barrier to consideration. Arrest records that did not result in a conviction, and misdemeanor records that did not involve “moral turpitude,” cannot be used.

In April 2019, Senate Bill 96 (2019) was signed into law. This bill added private employers to the existing law covering public employers. The law bans-the-box on all private employer job applications, whether written or digital.

The employer must wait until they have reviewed and discussed the application with the applicant before they can inquire into an applicant’s criminal history. Violations of this law are addressed under New Mexico’s Human Rights Act.

Cities Include: Albuquerque, Las Cruces, Rio Rancho, Enchanted Hills, Santa Fe, Roswell, Farmington and more.

Note: This information is not intended to be legal advice. Please consult with your own legal counsel for advice related to your state/locality.