{"data":{"id":"us-nm/28-2-3","jurisdiction":"us-nm","citation":"28-2-3","heading":"Employment eligibility determination.","body":"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.\nB. The following criminal records shall not be used, distributed or disseminated in connection with an application for any public employment, license or other authority:\n(1) records of arrest not followed by a valid conviction;\n(2) convictions that have been sealed, dismissed, expunged or pardoned;\n(3) juvenile adjudications; or\n(4) convictions for a crime that is not job-related for the position in question and consistent with business necessity.","path":["Chapter 28 - Human Rights","ARTICLE 2 Criminal Offender Employment"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18528/index.do","current_through":"2025-05-15","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"d3b409bdea98765c90d87309f7f2ef4dba915f35461e959bb949f5570a087e8e","source_id":"us-nm","stale":false,"prev":"us-nm/28-2-2","next":"us-nm/28-2-3.1"},"notice":"GroundRules: Original legal text. Not legal advice."}