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New Mexico background check laws for employers
New Mexico bars private employers from asking about arrests or convictions on a written or electronic job application, but employers may consider convictions later, after reviewing the application and discussing the job. Credit bureaus may not report criminal records more than 7 years after release or parole, and may not report arrests that did not lead to a conviction. No state law limiting employer credit checks was found.
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Fair-chance hiring (criminal history)
- A private employer that uses a written or electronic job application may not ask about an applicant's history of arrest or conviction on the application (NMSA § 28-2-3.1(A)).
- The employer may consider an applicant's conviction after reviewing the application and discussing employment with the applicant (NMSA § 28-2-3.1(A)).
- Employers may tell the public or an applicant that the law or company policy could disqualify people with certain criminal history from certain jobs (NMSA § 28-2-3.1(A)).
- The section applies to private employers and sets no employee-count threshold (NMSA § 28-2-3.1).
- The law does not require an individualized assessment or extra notices beyond federal FCRA (NMSA § 28-2-3.1).
- An applicant who claims a violation may seek relief through the New Mexico Human Rights Act complaint process (NMSA § 28-2-3.1(B); §§ 28-1-10 to 28-1-13).
- A 2025 law changed which state agencies are exempt from the Act's public-agency rules; it did not change the private-employer section (SB 66, Laws 2025, ch. 61).
City and county rules
- No Santa Fe ordinance limiting private employers' criminal history questions was found in the Santa Fe City Code (Municode, searched Oct. 2026).
State consumer report rules
- No New Mexico statute was found that adds employer disclosure or consent steps beyond federal FCRA; the state credit bureau law mainly limits what bureaus may report (NMSA §§ 56-3-1, 56-3-6).
- The state law defines a credit bureau as any business that furnishes credit information about consumers (NMSA § 56-3-1).
How far back a report can go
- Credit bureaus may report arrests and indictments pending trial, and convictions, for no longer than 7 years from date of release or parole (NMSA § 56-3-6(A)(5)).
- Credit bureaus may not keep reporting a conviction once a full pardon is granted, or an arrest or indictment that did not result in a conviction (NMSA § 56-3-6(A)(5)).
- New Mexico's 7-year limit has no salary exception (NMSA § 56-3-6).
- After an expungement order, the person may reply to an inquiry that no record exists, except for jobs with financial institutions regulated by FINRA or the SEC (NMSA § 29-3A-7).
- Certain past cannabis arrests and convictions are set for automatic expungement under state law (NMSA § 29-3A-8).
Credit checks
- No New Mexico law limiting employer use of credit reports was found; a 2013 bill (SB 128) passed but was vetoed, and a 2017 bill (SB 280) died (N.M. Legislature bill records).
Also good to know
- Care providers must submit fingerprints of caregiver applicants and hospital caregivers for a nationwide criminal history screening under the Caregivers Criminal History Screening Act (NMSA § 29-17-5(A)).
Common questions
Can New Mexico employers run a background check?
New Mexico bars private employers from asking about arrests or convictions on a written or electronic job application, but employers may consider convictions later, after reviewing the application and discussing the job. Credit bureaus may not report criminal records more than 7 years after release or parole, and may not report arrests that did not lead to a conviction. No state law limiting employer credit checks was found.
Does New Mexico have a ban-the-box law for private employers?
A private employer that uses a written or electronic job application may not ask about an applicant's history of arrest or conviction on the application (NMSA § 28-2-3.1(A)).
How far back does a background check go in New Mexico?
Credit bureaus may report arrests and indictments pending trial, and convictions, for no longer than 7 years from date of release or parole (NMSA § 56-3-6(A)(5)).
Can New Mexico employers run credit checks on applicants?
No New Mexico law limiting employer use of credit reports was found; a 2013 bill (SB 128) passed but was vetoed, and a 2017 bill (SB 280) died (N.M. Legislature bill records).
Some rules for New Mexico weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- N.M. SB 96 (2019), enacted text adding NMSA § 28-2-3.1 (official, nmlegis.gov)
- N.M. SB 66 (2025) text, amends NMSA § 28-2-5 (official)
- N.M. SB 66 (2025) status: signed, Laws 2025 ch. 61 (official)
- N.M. SB 128 (2013) status: vetoed (official)
- N.M. SB 280 (2017) status: died (official)
- NMSA § 56-3-6 (FindLaw)
- NMSA § 56-3-1 (FindLaw)
- NMSA § 29-3A-7 (FindLaw)
- NMSA § 29-3A-8 (FindLaw)
- NMSA § 29-17-5 (FindLaw)
- Santa Fe City Code (Municode, searched)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.