US Laws, Codes, Statutes & Cases

28-2-3. Employment eligibility determination.

A.     Subject to the provisions of Subsection B of this section and Sections 3 and 4 [Sections 4 and 5 ( 28-2-4 and 28-2-5 NMSA 1978)] of the Criminal Offender Employment Act, in determining eligibility for employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the board or other department or agency having jurisdiction may take into consideration the conviction, but such conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession.   

B.     The following criminal records shall not be used, distributed or disseminated in connection with an application for any public employment, license or other authority:   

(1)     records of arrest not followed by a valid conviction; and   

(2)     misdemeanor convictions not involving moral turpitude.