New Mexico's Criminal Offender Employment Act (NMSA 1978, Chapter 28, Article 2) limits when employers can ask about a criminal record. Since a 2019 amendment, a private employer that uses a written or electronic application may not ask about arrests or convictions on the application. The employer may consider a conviction only after reviewing the application and discussing the job with the applicant. Public employers were covered by a fair-chance rule earlier, in 2010. A person who believes an employer broke the private-employer rule may seek relief through the New Mexico Human Rights Act process.
The Criminal Record Expungement Act took effect on January 1, 2020. A person may petition to expunge a conviction after a conviction-free period of two years for most misdemeanors, four years for a fourth-degree felony, six years for a third-degree felony, eight years for a second-degree felony, and ten years for a first-degree felony or domestic violence offense. Once expunged, the case is treated as if it never occurred, and the person may say no record exists, with exceptions for some financial industry jobs. A person whose identity was used by someone else may also petition to expunge arrest records.
New Mexico's credit bureau law, Section 56-3-6, says arrests that did not lead to a conviction must be removed, and convictions may be reported for seven years from release or parole. Tenant screening reports in New Mexico are governed mainly by the federal FCRA. A screening company that reports an expunged case, a dismissed charge as a conviction, or someone else's record may be liable under the FCRA.
Where New Mexico FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from New Mexico are heard in one federal district:
- District of New MexicoCourthouses: Albuquerque, Las Cruces, Roswell, Santa Fe.Our attorneys are admitted here
New Mexico laws that add to the FCRA
- Criminal Offender Employment Act, private employers (NMSA 1978, § 28-2-3.1 (2019 N.M. Laws, S.B. 96))
A private employer that uses a written or electronic job application may not ask about arrest or conviction history on the application. It may consider convictions after reviewing the application and discussing employment with the applicant. Complaints go through the Human Rights Act process. Read it - Criminal Record Expungement Act (NMSA 1978, § 29-3A-1 and following (2019 N.M. Laws, H.B. 370))
Allows petitions to expunge arrest records, records of identity theft victims, and convictions after waiting periods of two to ten years. After expungement the proceedings are treated as if they never occurred, with limited exceptions. Read it - New Mexico credit bureau reporting limits (criminal records) (NMSA 1978, § 56-3-6)
Limits reporting of convictions and pending arrests or indictments to seven years from release or parole. Requires removal of arrests or indictments that do not result in a conviction and of convictions that receive a full pardon. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can a New Mexico employer ask about my criminal record on a job application?
A private employer that uses a written or electronic application may not ask about arrests or convictions on the application itself. It may consider a conviction later, after reviewing the application and discussing the job with you. Some jobs are still restricted by other laws, and employers may tell applicants about those restrictions.
If my record is expunged in New Mexico, can it still show up on a background check?
It should not, because an expunged case is treated as if it never occurred. But private screening companies sometimes keep old court data. If a background report shows an expunged case, you can dispute it, and the FCRA may give you a claim if the company reported outdated or inaccurate information.
What can I do if a background check confused me with someone else?
You can request a copy of the report and dispute the wrong records with the screening company, which generally must reinvestigate within 30 days. For employment reports, the employer should send you a copy and a summary of rights before taking adverse action. If the error cost you a job or apartment, you may have an FCRA claim in the U.S. District Court for the District of New Mexico.
How long do I have to file an FCRA lawsuit in New Mexico?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of New Mexico
- NMSA 1978, § 56-3-6 (FindLaw)
- NMSA 1978, § 56-3A-1, short title (FindLaw)
- NMSA 1978, § 56-3A-3, security freeze (FindLaw)
- 2021 N.M. Laws, S.B. 71, Patients' Debt Collection Protection Act (enrolled text)
- 2019 N.M. Laws, S.B. 96, Criminal Offender Employment Act amendment (enrolled text)
- 2019 N.M. Laws, H.B. 370, Criminal Record Expungement Act (enrolled text)
- NELP, Ban the Box: Fair Chance Hiring State and Local Guide
Updated November 2026. This page is general information, not legal advice.