Employers that are either located in New Mexico or hiring New Mexico residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on New Mexico state laws, please visit the state legislature.
Background check laws in NM:
New Mexico Statute 56-3-6 – Report information; limitations
A. A credit bureau may report the following matters for no longer than the specified periods: (1) bankruptcies of all types for not longer than fourteen years from the date of adjudication of the most recent bankruptcy; (5) arrests and indictments pending trial, or convictions of crimes, for not longer than seven years from date of release or parole. Such items shall no longer be reported if at any time it is learned that after a conviction a full pardon has been granted, or after an arrest or indictment a conviction did not result; and (6) any other data not otherwise specified in this section, for not longer than seven years.
In other words:
CRAs cannot report on an applicant’s bankruptcy information if that information is more than 14 years old. Additionally, CRAs cannot report on an applicant’s records of arrests and indictments that did not lead to a conviction or were granted full pardons. Any other information that predates the report by 7 years should not be reported.
How to Dispute Your Records:
If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.
Feel free to take a look at this resource for more information:
New Mexico Online Case Lookup
All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.
Contact State Law Officials
New Mexico Administrative Office of the Courts
237 Don Gaspar
Santa Fe, NM 87501
National Laws and Resources
In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.
Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx