2021 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 27B - Private Investigations
Section 61-27B-34 - Background investigations. (Repealed effective July 1, 2024.)
A. The department shall adopt rules that:
(1) are developed in conjunction with the department of public safety that require background investigations of all persons licensed or registered pursuant to the Private Investigations Act to determine if the person has a criminal history;
(2) require all applicants for licensure or registration to be fingerprinted only upon initial licensure or registration on two fingerprint cards or electronically as required for submission to the federal bureau of investigation to conduct a national criminal history investigation and for submission to the department of public safety to conduct a state criminal history investigation;
(3) provide for an applicant to inspect or challenge the validity of the record developed by the background investigation if the applicant is denied a license or registration; and
(4) establish a fee for fingerprinting and conducting a background investigation for an applicant.
B. Arrest record information received from the federal bureau of investigation and department of public safety shall be privileged and shall not be disclosed to individuals not directly involved in the decision affecting the specific applicant or employee.
C. The applicant shall pay the cost of obtaining criminal history information from the federal bureau of investigation and the department of public safety.
D. Electronic live scans may be used for conducting criminal history investigations.
History: Laws 2007, ch. 115, § 34; 2019, ch. 209, § 6.
ANNOTATIONSDelayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.
The 2019 amendment, effective July 1, 2020, provided that applicants for licensure shall be fingerprinted only upon initial licensure or registration; in Subsection A, Paragraph A(2), after "fingerprinted", added "only upon initial licensure or registration".
