New Mexico Background Checks laws & HR compliance analysis

New Mexico Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, many employers hire third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In New Mexico, employers must comply with laws relating to criminal background checks and driver's record information.
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Private employers. Effective June 14, 2019, the Criminal Offender Employment Act prohibits private employers from using a written or electronic employment application to inquire about an applicant’s history of arrest or conviction (NM Rev. Stat. Sec. 28-2-1). After review of the application and an interview, an employer may take into consideration an applicant’s conviction. An employer may notify an applicant that the law or the employer’s policy could disqualify an applicant who has a certain criminal history from particular positions with the employer.
Public employers. Public employers may not ask on application forms whether an applicant has a criminal conviction. This may be asked only during the ...

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