Finding the right employees is one of the keys to success for businesses in New Mexico. When you have a good recruitment, screening and hiring process, you can staff your company with team members who can help your business to grow while protecting your business’s reputation.
Incorporating a comprehensive pre-employment screening process can help your business to find the right people while minimizing potential liabilities for negligent hiring.
At iprospectcheck, our professionals conduct thousands of comprehensive pre-employment background checks for businesses across New Mexico, including in Albuquerque, Las Cruces, Rio Rancho, and other cities.
We’ve written this complete guide as a resource for your hiring process.
Let’s get started.
Key Takeaways
- New Mexico background checks for employment investigate a candidate’s criminal history, past employment, education, and other information to determine whether they are suitable for the job.
- Employers must comply with federal and New Mexico state laws when they conduct background checks.
- To complete a background check, create a sound background check policy, train HR staff, partner with a reliable provider, comply with notice and consent requirements, evaluate and communicate the results, individually assess convictions, and complete the adverse action process.
New Mexico Employment Background Check Laws: A Complete Overview
New Mexico employers must comply with all of the applicable pre-employment background check laws, including local, state, and federal statutes and regulations.
Keeping up with the laws is important since changes are frequently made through legislative action or court decisions. One of the things that iprospectcheck does is to monitor any changes that happen so that we can ensure continuing legal compliance in the reports that we provide.
Here is some information about some of the relevant laws of which you should be aware.
Federal Laws on Employment Background Checks
Employment background checks are addressed under a few different federal laws, including the Fair Credit Reporting Act or FCRA and Title VII of the Civil Rights Act of 1964. The FCRA is enforced by the Federal Trade Commission or FTC. Title VII of the Civil Rights Act is enforced by the Equal Employment Opportunity Commission or EEOC. These two federal agencies also promulgate regulations under these laws that businesses and consumer reporting agencies are expected to follow.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act of 2019 is a federal fair chance hiring law that applies to federal agencies and companies seeking federal contracts.
Federal agencies and contractors must wait to check the criminal backgrounds of candidates until they extend conditional employment offers.
A federal agency can’t extend a federal contract to a company that violates this law.
The FCRA
The U.S. Congress enacted the FCRA in 1970. The primary focus of this law is to protect consumer information and privacy for the data collected and held by consumer reporting agencies. As a federal law, it also applies to background check companies or consumer reporting agencies (CRAs), and employers in every state, including New Mexico.
One of the requirements of the FCRA for employers is that they must ask for the consent of applicants and employees before they complete background checks. The lengths of time during which different types of information can be reported are also defined by the FCRA.
Title VII
Since its passage in 1964, Title VII of the Civil Rights Act has had a major impact on workplaces across the U.S. This landmark legislation prohibits discrimination in the workplace when it is based on employees’ or applicants’ protected characteristics.
The EEOC, which enforces the anti-discrimination provisions of Title VII, issued guidance in 2012 concerning the use of criminal history information in employment background checks. Employers that discover criminal record information in the employment background checks that they receive for applicants and employees are recommended to initially assess the reported information for its relevance to the open positions.
The EEOC also advises employers to give applicants and employees who have criminal records an opportunity to explain why their convictions or arrests are not relevant for the positions they are seeking or that they hold.
New Mexico State Laws
Several state laws apply to New Mexico pre-employment background checks and the information that can be provided to employers by CRAs. As a New Mexico employer, it is important for you to understand these laws and what they require.
New Mexico Limitations on Reporting Information
Under N.M. Stat. § 56-3-6, credit bureaus may only report criminal convictions for seven years from the date of conviction or release from parole. Arrests and pending cases can only be reported while they are pending.
If they do not result in a conviction, they cannot be reported. Convictions for which a pardon has been granted are not reportable. For most credit-related information, the general time limit for reporting in New Mexico is seven years or the relevant statute of limitations.
Notice of Rights Requirement
Whenever a credit bureau is required to provide a notice to consumers of their rights under the FCRA, they are required under N.M. Stat. § 56-3A-4 to include a notice of their consumer rights to request a security freeze or a declaration of removal.
Ban-the-Box Laws
Two New Mexico statutes function as “ban-the-box” laws in New Mexico. Under N.M. Stat. § 28-2-3, public employers in New Mexico may not ask for criminal history information during the initial application stages.
They can only take convictions into consideration after the applicants become finalists for the positions. In 2019, New Mexico passed a ban-the-box law for private employers, which is codified at N.M. Stat. § 28-2-3.1. This law prohibits employers from asking about convictions on their initial applications. However, they can take convictions into account when the applicants become finalists for the positions.
Social Media Privacy Law
Finally, New Mexico employers are prohibited from asking for applicants to give them passwords so that they can access the applicants’ social media accounts under N.M. Stat. § 50-4-34. They also cannot ask applicants to grant them access to their social media profiles in any way.
Cannabis Conviction Expungement Law
New Mexico passed a law providing for expungement of cannabis convictions in 2021.
Under this law, any conviction for marijuana-related crimes that are no longer criminal offenses because of the legalization of recreational marijuana must be expunged.
These convictions can’t be reported on employment background checks.
Crime Records Expungement Act (CREA)
The Crime Records Expungement Act (CREA) is found at NMSA 29-3A-2 to 29-3A-9.
Under the CREA, individuals may petition the court for expungement of criminal records based on the following waiting periods:
- Dismissed criminal cases – One year after dismissal
- Completion of pre-trial diversion – One year
- Completion of deferred sentence – One year
- First-degree felony or crime against a household member – 10 years
- Second-degree felony – Eight years
- Third-degree felony – Six years
- Fourth-degree felony or misdemeanor aggravated battery – Four years
- Other misdemeanor conviction or municipal ordinance violation – Two years
Expungement is not automatic in New Mexico. Instead, the court will hold a hearing if a petition is filed.
If expungement is granted, the expunged conviction can’t be reported on an employment background check regardless of whether the conviction occurred within the last seven years.
Know Before You Hire
What Shows Up on a New Mexico Background Check?
In New Mexico, most employers ask for information about their applicants’ criminal histories, verifications of past employment, and verification of the education and credentials that they have claimed on their resumes and applications.
Depending on the type of position that is advertised, some employers also ask for additional information about applicants’ credit history or driving records.
Criminal Records
If an applicant has a criminal history, you might see several pieces of information on a New Mexico pre-employment background check.
The types of information that might appear on the background check include information about the charge, the case’s filing date, the disposition date, the disposition of the case, the offense level, and some sentencing information.
Verification of Past Employment
An employment verification on a pre-employment background check lets you check the employment history and positions held that an applicant has reported against the actual employment dates and jobs that the applicant has held.
This type of information is useful to ensure that you hire trustworthy employees and can also help to prevent negligent hiring claims.
Education Verifications
If you need to find employees who hold certain degrees or credentials, requesting an education verification can help you to make sure that you find people who are qualified for their positions.
This type of background information can also help you to make sure that your employees are honest and can protect you against potential liability claims.
Credit Checks
Businesses in the financial services sector and jobs with financially sensitive positions may require credit checks. These are available as an added option through iprospectcheck.
Driving Records
If driving is a part of your employees’ jobs, you can request motor vehicle record information. This can help you to ensure that the employees you hire are safe and responsible drivers.
New Mexico Nursing Background Checks
Because of the licensing requirements and the need to protect the vulnerable population, the jobs of healthcare workers, nursing background checks are much more extensive than routine pre-employment background checks.
These checks may also include national criminal checks, county criminal checks, identity verification, national sex offender registry checks, healthcare sanctions check and monitoring, lab-based drug screening checks, nursing license verification, and more.
How to Get a Background Check in New Mexico
1. Draft an Employment Background Check Policy
Create an employment background check policy that adheres to federal and state laws.
Include the searches your company conducts for different jobs and the steps HR staff should take before, during, and after the background check.
2. Train HR Staff
Train your company’s HR staff about the relevant laws and their requirements.
Make sure they understand the steps to take, including the notice and consent rules, individual assessments, and the adverse action process.
3. Partner with a Reliable Background Check Partner
Choose a background check provider that is reliable, FCRA-compliant, accurate, and returns current information quickly.
At iprospectcheck, we use our access to extensive and reliable databases combined with our cutting-edge research methods to quickly return background checks that are current, accurate, reliable, and legally compliant.
4. Comply with Notice and Consent Requirements
The FCRA requires employers to notify applicants and employees of their intention to complete background checks on a standalone form.
You must also get your applicant’s or employee’s signed consent before you can check their background.
5. Review the Results
When you receive a background check report, review the results carefully.
If you want to move forward, contact the candidate to schedule their start date and onboarding.
6. Individually Assess Convictions
Assess convictions individually as they directly relate to the duties of the job and workplace safety before making the decision not to hire the applicant based on that information.
7. Complete the Adverse Action Process
If you decide not to hire an applicant based on information contained in their background check, you must complete the following adverse action steps:
- Send the applicant a pre-adverse action notice and include a copy of the report that includes the negative information.
- Give the applicant a deadline (generally five business days) to respond with evidence of the information’s inaccuracy or their rehabilitation.
- Send a final adverse action letter if you decide not to hire the applicant, and include a copy of their FCRA rights.
iprospectcheck: Your Trusted Partner for Fast, Accurate, Compliant New Mexico Background Checks
By conducting comprehensive New Mexico background checks for all your applicants, you can help to maintain a safer and better-functioning workplace.
When you partner with iprospectcheck, you can be confident that the reports that you receive will be current and accurate. We have a team of USA-based, professionally-trained employees who understand the requirements and the steps required to conduct compliant background checks.
To learn more and to schedule a no-obligation, free consultation, contact iprospectcheck today.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How Far Back Do Background Checks Go in New Mexico?
CRAs are required to comply with the FCRA and state law when they respond to requests for New Mexico pre-employment background checks.
Under these laws, information from more than seven years ago is not reportable. In New Mexico, information about arrests that do not result in convictions is also not reportable.
Under the FCRA, the seven-year limits do not apply to positions for which employees will earn salaries of $75,000 or more. While time limits apply to criminal history and credit information, they do not apply to information about an applicant’s employment, education, or credentials.
How Much Does a Background Check Cost in New Mexico?
A background check from the New Mexico State Police will cost $15. However, it will not provide any information beyond arrest and conviction data.
If you complete a Google search, you might discover vendors who claim to offer free background checks. You should avoid relying on these types of sources because their information is often inaccurate and may not comply with the FCRA and state laws. Trying to search through records on your own through the county courts is expensive because of the number of labor hours it requires.
When you work with a New Mexico background check provider like iprospectcheck, you will find that it is an affordable method for obtaining the information about job applicants that you need to make sound hiring decisions. We use the latest methods to quickly secure comprehensive and reliable results for employers across New Mexico.
The cost of a background report will vary with the complexity of the scope of work requested. You can view our background check packages for pricing information.
How Long Does a Background Check Take in New Mexico?
The amount of time that it might take for you to receive your background check reports will depend on how you complete your searches. If you request a check from the New Mexico Department of Public Safety, they report that it will take from seven to 15 days to process after they receive your request.
Digging through court records can take a long time and provide you with limited information. If you work with iprospectcheck, you can receive your results quickly. We can return different types of pre-employment background reports within a few hours or several days, depending on the types of information that you request.
