Ban The Box

The 2006 New Mexico Statutes Section 28-2-3 bans public sector employees from including questions about criminal records on job applications or asking job seekers if they have a criminal history until after the applicant is deemed a finalist for the job. Employers may consider criminal records when making hiring decisions, but a record cannot be used to automatically disqualify a person from employment.

Employers may not consider:

  • Misdemeanors that did not lead to a conviction.
  • Misdemeanor convictions that do not involve moral turpitude.

Report Information Limitations

Employers in New Mexico cannot consider records that are deemed obsolete. The following are not permitted to be included in background check reports:

  • Bankruptcies that are more than fourteen years old.
  • Arrests or convictions that are more than seven years old.
  • Paid tax liens that are more than seven years old.
  • Other adverse information that is more than seven years old.
Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.