January 1, 2020

Expungement Law

New Mexico passed the Criminal Record Expungement Act. It states:

  • A person who was wrongly identified in a criminal record due to identity theft may seek to have that record expunged.
  • Residents may have arrest records that did not lead to a conviction expunged beginning one year from the final disposition date.
  • Individuals who complete a sentence and pay all fines may petition to have a conviction expunged. The court will then determine if sealing the record is warranted by considering: whether or not additional convictions occurred, if justice will be served by approving the expungement and if all outstanding victim restitution has been paid.

June 2019

Updated Ban the Box Laws

New Mexico has a Ban the Box law in place. The state passed an amendment called: Employment Eligibility Determination--Private Employers. It says:

  • Private employers may not ask about criminal records on job applications.
  • Private employers may consider an applicant’s criminal history after reviewing the application and discussing employment with the individual.
  • Job seekers may seek relief if they believe their rights have been violated.

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.