New Mexico
  • Updated on 12 Mar 2020
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New Mexico

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Ban-The-Box & Fair Hiring Laws By State

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.


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.


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.

Adverse action implications: None

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