New-Mexico-Employment-Licensing

Neither public nor private employers may ask about individuals’ criminal histories on initial job applications.  Public employers may consider criminal history only when an applicant is a finalist, while private employers may consider criminal history information after review of the application.  Public employers and licensing agencies may deny an individual a job or license based on conviction only if the conviction relates directly to the desired job or license. Agency may not consider convictions that have been sealed, dismissed, expunged or pardoned; juvenile adjudications; or convictions for a crime that “is not recent enough and sufficiently job-related to be predictive of performance in the position sought, given the position’s duties and responsibilities.” If employment or licensing is denied, reasons for the decision must be provided in writing.  Caregiver employment is subject to a higher standard.