2011 New Mexico Statutes
Chapter 28: Human Rights
Article 2: Criminal Offender Employment Act, 28-2-1 through 28-2-6
Section 28-2-3: Employment eligibility determination.
28-2-3. Employment eligibility determination.
A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978, 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 a conviction, but the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession. A board, department or agency of the state or any of its political subdivisions shall not make an inquiry regarding a conviction on an initial application for employment and shall only take into consideration a conviction after the applicant has been selected as a finalist for the position.
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.
Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.