We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only to public sector employers for the State of New Mexico and its cities and counties.
Timing of inquiry: Public sector employers for the State of New Mexico may only inquire into criminal history after the applicant has been named a finalist.
Consideration of records: This ban-the-box law prohibits public sector employers from considering records of arrest not followed by conviction and misdemeanor convictions not involving moral turpitude.
Final adverse action notice: Public sector employers must state in writing the reasons for a decision prohibiting the person from engaging in employment or obtaining a license when such decision is based, in part, on a criminal history inquiry.
STATE LAWS — PRIVATE SECTOR (EFFECTIVE MID-JUNE 2019)
Who must follow: This ban-the-box law applies to private employers in New Mexico.
Timing of inquiry: Private employers may not inquire into a candidate’s criminal history on the initial employment application. Employers may consider a candidate’s criminal history at the interview stage.
The COVID-19 outbreak is having a global impact. We are doing our best to stay ahead of related closures and disruptions that impact our ability to complete background checks, such as county court closures. Please visit our COVID-19 Updates page in our Help Center for updates as we receive them.