Ban the Box for New Mexico Private Employers

June 3, 2019




Effective July 1, 2019, New Mexico’s Criminal Offender Employment Act will include a new section. This section will prohibit private employers from inquiring about an applicant’s arrest or conviction on an initial employment application (both electronic or written).

The employer may consider an applicant’s conviction after reviewing the employment application and discussing employment. There are no prohibitions in the statute barring an employer from notifying the public or an applicant that the law or the employer’s policy could disqualify an applicant with certain criminal history from employment in particular positions for that employer (e.g., within a job posting or during an interview).


New Mexico employers may want to review their employment applications and associated forms; employment policies; and their obligations under federal, state, and local law to ensure compliance.


This information has been prepared by Validity Screening Solutions for informational purposes only and is not legal advice. The content is intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.



Topics: Background Checks, Compliance

Jessica L. Troncoso, J.D.

Written by Jessica L. Troncoso, J.D.

Jessica focuses on Validity’s knowledge base of all laws, statutes, and enforcement actions regulating the employment screening industry. Jessica began in the Quality Assurance Department of Validity in 2012 and later worked remotely with the Research Department while attending law school. Jessica worked as a Judicial Extern for the Honorable Brian C. Wimes of the United States District Court for the Western District of Missouri and the Honorable Peggy Stevens McGraw of the 16th Circuit Court of Jackson County, Missouri.