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What are New Mexico employment background check laws?

We frequently revise this summary of the background check regulations and ban-the-box policies in New Mexico. However, due to the rapid pace of legislative changes, we cannot assure the accuracy of all details. It is advisable to seek legal counsel from your attorney for precise legal guidance.

FCRA

DISTRICT LAWS

BAN-THE-BOX

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Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) was established by the federal government to establish a benchmark for hiring practices, ensuring the monitoring and protection of both employers and job applicants.

State Laws

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

Our Take: Consumer Reporting Agencies (CRAs) are prohibited from reporting an applicant’s bankruptcy information if it exceeds 14 years. Moreover, CRAs are not allowed to report on an applicant’s records of arrests and indictments that did not result in a conviction or were fully pardoned. Additionally, any other information predating the report by 7 years should not be included in the report.

Ban-The-Box & Fair Hiring Laws

STATE LAWS — PUBLIC AND PRIVATE COMPANIES

Coverage: The ban-the-box legislation pertains exclusively to public sector employers within the State of New Mexico, including its municipalities and counties.

Timing of Inquiry: Public sector employers within the State of New Mexico are only permitted to inquire about an applicant’s criminal history after the individual has been identified as a finalist for the position.

Consideration of Records: This ban-the-box regulation prohibits public sector employers from taking into account records of arrests that did not result in conviction, as well as misdemeanor convictions not involving moral turpitude.

Implications of Adverse Action:

Final Adverse Action: Public sector employers are required to provide written explanations for decisions that prevent an individual from securing employment or obtaining a license, particularly when such decisions are partly based on a criminal history inquiry.