State of New Mexico to “Ban the Box” on Criminal Records in July 2019.

(Last Updated On: May 30, 2019)

Special Announcement to all New Mexico employers:

Effective 07/01/2019, the State of New Mexico will impose a law (SB 96) that restricts employers in the state from asking about criminal record information in the hiring process.

Under the law, the following restrictions, will apply:

(a) If a private employer uses a written or electronic employment application, the employer shall not make an inquiry regarding an applicant’s history of arrest or conviction on the employment application but may take into consideration an applicant’s conviction after review of the applicant’s application and upon discussion of employment with the applicant.

The full text can be found here: SB0096

This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.


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