Section 28-2-3 - Employment eligibility determination. - New Mexico Statutes

28-2-3. Employment eligibility determination.

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.

B.     The following criminal records shall not be used, distributed or disseminated in connection with an application for any public employment, license or other authority:

(1)     records of arrest not followed by a valid conviction; and

(2)     misdemeanor convictions not involving moral turpitude.