§ 28-2-3 — Employment eligibility determination

A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978, 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. 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.

Legislative History

1953 Comp., § 41-24-3, enacted by Laws 1974, ch. 78, § 3; 2010, ch. 76, § 1;