A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 N.M. Stat. Ann., in determining eligibility for employment with the state or any of its political subdivisions or for a license, permit, certificate or other authority to engage in any regulated trade, business or profession, the board or other department or agency having jurisdiction may take into consideration a conviction, but the conviction shall not operate as an automatic bar to obtaining public employment or license or other authority to practice the trade, business or profession. A board, department or agency of the state or any of its political subdivisions shall not make an inquiry regarding a conviction on an initial application for employment and shall only take into consideration a conviction after the applicant has been selected as a finalist for the position.

Terms Used In New Mexico Statutes 28-2-3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

B. The following criminal records shall not be used, distributed or disseminated in connection with an application for any public employment, license or other authority:

(1)     records of arrest not followed by a valid conviction;

(2)     convictions that have been sealed, dismissed, expunged or pardoned; (3)     juvenile adjudications; or

(4)     convictions for a crime that is not job-related for the position in question and consistent with business necessity.

  Previous section
Next section  
 Article 2 Contents