At-a-Glance Compliance Overview

State Mini-FCRA Laws

New Mexico does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

New Mexico does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Criminal History Considerations

New Mexico law does not establish a detailed statutory framework governing how private employers must evaluate criminal history in hiring decisions. However, employers should ensure that the use of criminal history information is:

• job-related
• consistent with applicable anti-discrimination laws

Relevant statute:

N.M. Stat. Ann. §28-1-7 – New Mexico Human Rights Act

This provision governs unlawful employment practices and may inform how background information is used in hiring decisions.

Record Sealing / Expungement

New Mexico provides mechanisms for record sealing (expungement) under its Criminal Record Expungement Act.

Relevant statute:

N.M. Stat. Ann. §29-3A-1 et seq.

Eligible individuals may petition to expunge:

• arrests not resulting in conviction
• certain misdemeanor convictions
• certain non-violent felony convictions after statutory waiting periods

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

New Mexico has enacted a statewide fair chance hiring law applicable to public employers.

Relevant statute:

N.M. Stat. Ann. §28-2-3.1

Key Requirements (Public Employers)

• criminal history inquiries must be delayed until later in the hiring process
• background checks typically occur after an applicant is a finalist or receives a conditional offer

Private Employers

• may inquire about criminal history at any stage of the hiring process
• are not subject to statewide timing restrictions

Credit Check Restrictions

New Mexico does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

New Mexico permits both medical and recreational marijuana use.

New Mexico law does not require employers to accommodate marijuana use in the workplace, but employers should consider:

• disability-related protections in limited circumstances
• lawful off-duty conduct considerations

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment

Pay Equity and Salary History Rules

New Mexico does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

Albuquerque – Fair Chance Hiring Ordinance

Albuquerque has enacted a fair chance hiring ordinance that applies to city contractors, not private employers generally.

As a result:

• private employers are not subject to local ban-the-box timing restrictions
• employers contracting with the city should evaluate compliance obligations

Key Statutes

• Public Sector Fair Chance – N.M. Stat. Ann. §28-2-3.1
• Human Rights Act – N.M. Stat. Ann. §28-1-7
• Record Expungement – N.M. Stat. Ann. §29-3A-1 et seq.

Employer Compliance Checklist

Employers conducting background checks in New Mexico should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Understand that statewide fair chance timing requirements apply to public employers, not private employers.

• Evaluate criminal history using job-related criteria and consistent screening policies.

• Ensure expunged records are not considered in employment decisions.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• For Albuquerque contractors, assess applicability of local fair chance requirements.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.