June 3, 2019
Effective July 1, 2019, New Mexico’s Criminal Offender Employment Act will include a new section. This section will prohibit private employers from inquiring about an applicant’s arrest or conviction on an initial employment application (both electronic or written).
The employer may consider an applicant’s conviction after reviewing the employment application and discussing employment. There are no prohibitions in the statute barring an employer from notifying the public or an applicant that the law or the employer’s policy could disqualify an applicant with certain criminal history from employment in particular positions for that employer (e.g., within a job posting or during an interview).
New Mexico employers may want to review their employment applications and associated forms; employment policies; and their obligations under federal, state, and local law to ensure compliance.
This information has been prepared by Validity Screening Solutions for informational purposes only and is not legal advice. The content is intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.