Accessing Criminal Records
In New Mexico it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Ban the Box Policies – New Mexico
The state of Mexico has ban-the-box laws for both public and private sectors that regulate the use of pre-employment criminal background checks. Both public and private employers are not allowed to ask about criminal history information during on the initial application. They can only consider convictions when applicants become finalists for the position.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
Social Media Privacy Law
New Mexico employers are prohibited from asking for applicants to give them passwords to access the applicants’ social media accounts. They also cannot ask applicants to grant them access to their social media profiles in any way.
Cannabis Conviction Expungement Law
In 2021, New Mexico passed a law providing for expungement of cannabis convictions. Under this law, any conviction for marijuana-related crimes that are no longer criminal offenses because of the legalization of recreational marijuana must be expunged. These convictions can’t be reported on employment background checks.
