Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →New Mexico: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
New Mexico's Criminal Offender Employment Act prohibits a private employer that uses a written or electronic employment application from asking about an applicant's history of arrest or conviction on that application. The employer may consider an applicant's conviction after reviewing the application and once employment is under discussion with the applicant, which in practice means at or after the interview stage. The law does not prevent an employer from telling applicants that a particular law or company policy could disqualify someone with certain criminal history from particular positions. An applicant who believes the law was violated may seek relief under the New Mexico Human Rights Act.
Criminal Record Lookback Period
New Mexico has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
New Mexico has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
New Mexico allows individuals to petition a court to expunge arrest and conviction records under the Criminal Record Expungement Act, after applicable waiting periods that run from the completion of the sentence. Once records are expunged, the arrest, conviction, and related proceedings are treated as not having occurred, and the person may reply to inquiries accordingly. Employers may not access expunged records or require applicants to disclose them.
Salary History Ban
New Mexico does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
New Mexico does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
New Mexico has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
New Mexico has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
New Mexico has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Recreational and medical cannabis are both legal in New Mexico, but they carry different rules. Recreational users have no protection: under the Cannabis Regulation Act, employers may adopt zero tolerance policies and act on a positive test. Registered medical patients under the Lynn and Erin Compassionate Use Act are protected. Employers may not take adverse action based on conduct the Act allows, unless doing so would cost the employer a federal benefit or license. The protection does not cover use or impairment at work and does not apply to safety-sensitive positions.
Pre-Adverse Action Notice & Waiting Period
New Mexico has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
New Mexico has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
New Mexico has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Human Rights Act Enforcement
Violations of New Mexico's ban the box law are enforced through the New Mexico Human Rights Act rather than through a standalone penalty. An aggrieved applicant files a complaint with the Human Rights Bureau of the New Mexico Department of Workforce Solutions, and may appeal an unfavorable decision to district court. This routes criminal history hiring complaints through the same process as other employment discrimination claims in the state.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
New Mexico has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
New Mexico limits when employers may ask about criminal history. To stay compliant:
Remove all arrest and conviction questions from your written and electronic job applications. Wait until you have reviewed the application and begun discussing employment, typically at the interview, before asking about criminal history. Exclude any expunged record from consideration entirely. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Do not take adverse action against a registered medical cannabis patient based on conduct protected under the Lynn and Erin Compassionate Use Act, unless a federal benefit or the safety-sensitive exception applies. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the New Mexico Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. New Mexico law.