Background Check in New Mexico: Public Records & Laws

Background checks are essential tools for employers, landlords, and individuals in New Mexico City who want to verify someone’s history and credentials. These checks can provide valuable insights into a person’s criminal record, employment history, and educational background, ensuring that you make informed and reliable decisions.

In this article, we’ll explore the background check process in Mexico, the types of public records accessed, the typical timelines for obtaining results, and the laws that govern these checks in the state.

What Is a New Mexico Background Check?

A New Mexico background check is a process that involves reviewing various records and information sources to verify an individual’s history and qualifications. These checks are commonly used by employers, landlords, and other organizations to make informed decisions.

Background checks help in assessing an individual’s suitability for a job, rental agreement, or other purposes by looking at aspects such as criminal history, employment records, and educational qualifications.

How Do I Get a State Background Check in New Mexico?

Getting a state background check in New Mexico involves several steps. Here’s a detailed, step-by-step guide:

1. Determine the Type of Background Check: Decide whether you need a fingerprint-based or name-based background check.
2. Visit the New Mexico Department of Public Safety (DPS): Go to the DPS website to find the necessary forms and detailed instructions.
3. Complete the Required Forms: Fill out the appropriate forms for your background check type. Make sure to provide all required information accurately.
4. Get Your Fingerprints Taken: If a fingerprint-based check is needed, visit an authorized fingerprinting location. You may need to make an appointment.
5. Submit Your Forms and Payment: Send your completed forms, along with a $15 fee (money order or cashier’s check), to the New Mexico DPS. The fee must be payable to the “New Mexico Department of Public Safety.”
6. Wait for Processing: Processing times can vary, typically taking between 3 to 15 business days. The DPS will notify applicants once the background check is complete.

What Shows up on a New Mexico Background Check?

Here are some common types of background checks and what typically shows up:

• Driving record checks reveal an individual’s driving history, including traffic violations, DUI convictions, and license suspensions. These checks are essential for positions that involve operating vehicles.
• Civil court searches provide information on civil litigation involving the individual, such as lawsuits, restraining orders, and judgments. This information helps assess an individual’s legal history and reliability.
• Drug testing screens for the presence of illegal substances in an individual’s system. Employers administer these tests to ensure their workplaces are free from drugs and to uphold safety standards.
• Credit background checks evaluate an individual’s credit history, including debts, bankruptcies, and payment history. These checks are crucial for positions that involve financial responsibilities.
• Criminal background checks search the criminal history repository for any criminal history information. They reveal past convictions, arrests, and legal proceedings. This is critical for assessing the suitability of candidates for various roles.
• Employment verification checks confirm an applicant’s past employment history, including positions held, dates of employment, and reasons for leaving. This helps validate the candidate’s resume and work experience.
• Education verification confirms the educational qualifications claimed by an applicant. It includes verifying degrees, diplomas, and certifications from educational institutions.

What Are the Background Check Laws in New Mexico?

Below are the key laws related to background checks in New Mexico.

New Mexico Fair Credit Reporting Act (NM FCRA)

The New Mexico Fair Credit Reporting Act (NM FCRA) aligns with the federal Fair Credit Reporting Act (FCRA) to ensure that information collected by consumer reporting agencies is fair and accurate.

Employers must obtain written consent from the applicant before conducting a background check and must inform the applicant if any adverse action is taken based on the results of the check.

New Mexico Human Rights Act

The New Mexico Human Rights Act prohibits discrimination in employment based on race, age, sex, religion, disability, national origin, and other protected characteristics.

This act ensures that the information obtained in background checks is not used to discriminate against applicants unlawfully. Employers must focus on qualifications and job-related information during the hiring process.

Ban the Box (Fair Chance to Compete for Jobs Act)

The “Ban the Box” law in New Mexico prevents public employers from asking about an applicant’s criminal history on initial job applications. This law aims to give individuals with a criminal history a fair chance at employment by allowing them to present their qualifications first without the stigma of past convictions.

Federal Fair Credit Reporting Act (FCRA)

The federal Fair Credit Reporting Act (FCRA) regulates how background checks are conducted nationwide. It mandates that employers must disclose their intent to obtain a background check, receive the applicant’s permission, and provide a copy of the report along with a summary of rights if any adverse action is taken.

Federal Equal Employment Opportunity (EEO) Laws

The Equal Employment Opportunity (EEO) laws prevent employers from discriminating based on race, color, religion, sex, national origin, age, disability, or genetic information in employment. These laws ensure that background checks are used fairly and do not lead to discriminatory practices. Employers must apply background check policies consistently for all applicants.

Local New Mexico Fair Hiring Laws

Fair hiring laws ensure equal employment opportunities and prevent discrimination during the hiring process. In New Mexico, these laws cover various aspects:

• Non-Discrimination: Employers cannot make hiring decisions based on race, color, national origin, religion, sex, age, disability, and other protected characteristics. This ensures that candidates are judged solely on their qualifications and experience.
• Child Labor: Employers must comply with state and federal child labor laws. These regulations protect minors by limiting their work hours and ensuring safe working conditions, particularly during school days.
• Wages and Hours: New Mexico’s wage and hour laws align with federal standards, including the Fair Labor Standards Act (FLSA). This includes adhering to the state’s minimum wage and ensuring overtime pay for hours worked over 40 in a week.
• Termination: New Mexico follows the at-will employment principle, allowing employers to terminate employees for any legal reason. However, exceptions exist to protect against wrongful termination based on discrimination, retaliation, or public policy violations.

How Far Back Does a Background Check Go in New Mexico?

In New Mexico, background checks typically cover the last seven years for criminal convictions and other adverse information. This is consistent with the federal guidelines under the Fair Credit Reporting Act (FCRA). However, there are some exceptions:

• Non-Conviction Records: Records where there was no conviction, such as arrests without charges or cases that were dismissed, generally cannot be reported after seven years.
• Expunged Records: If a record has been expunged, meaning it has been legally erased, it will not show up in a background check regardless of the time frame.
• Specific Employment Requirements: Certain jobs, particularly those involving security or vulnerable populations (like childcare or eldercare), may require more extensive checks that can go back further than seven years.

How Long Does a Background Check Take in New Mexico?

The turnaround time for background checks in New Mexico can vary depending on the type of check and the volume of requests being processed. Typically, background checks take between 3 to 15 working days. Here’s a more detailed breakdown:

• Standard Checks: These usually take about 3 to 5 working days. This includes criminal history, employment verification, and education verification.
• Expedited Checks: Some services offer expedited processing, where results can be returned within 3 to 5 calendar days, although this often comes at an additional cost.
• Specialized Checks: Background checks that require additional information, such as child abuse and neglect registry checks or federal checks, may take longer due to the need for a more thorough investigation and the involvement of multiple agencies.

How Do I Get My Criminal Record in New Mexico?

Obtaining your criminal record in New Mexico is a straightforward process. Here are the steps you need to follow:

Online Search:

• Visit the New Mexico Judiciary’s Case Lookup website.
• Enter your name to access any criminal court cases associated with you. This online search provides a quick way to view your record, though it might not be comprehensive for all types of checks.

Fingerprint-Based Record Check:

• For a more detailed and official record, you can request a fingerprint-based background check through the New Mexico Department of Public Safety (DPS).
• Fill out the required form and have it notarized.
• Submit the form along with a $15 fee, payable by money order or cashier’s check to the “New Mexico Department of Public Safety.”

How Long Does a Felony Stay on Your Record in New Mexico?

In New Mexico, felony convictions remain on your record indefinitely unless they are expunged or sealed. The eligibility for expungement varies depending on the type of felony:

• Second-Degree Felonies: These can potentially be expunged eight years after the completion of the sentence, including any probation or parole.
• First-Degree Felonies and Domestic Violence Crimes: Generally, these do not qualify for expungement, reflecting the severity and societal impact of these crimes.

To seek expungement, you must file a formal request with the court. The process involves submitting a petition, providing evidence of rehabilitation, and possibly attending a hearing.

Successful expungement can remove these records from public view, although they may still be accessible to law enforcement and certain employers.

How Much Does a Background Check in New Mexico Cost?

The cost of a background check in New Mexico can vary depending on the type of check and the organization providing the service:

• Basic Criminal Record Check: Typically costs $15 per record check through the New Mexico Department of Public Safety. This fee must be paid by money order or cashier’s check.
• Specialized Background Checks: Institutions like the University of New Mexico may offer specific packages that range up to $46.50, depending on the depth and scope of the check.
• Expedited Services and Additional Checks: Some private companies may offer expedited processing or more comprehensive checks at varying prices, potentially higher than the standard fees.

These costs reflect the resources required to perform thorough and accurate checks, ensuring both employers and applicants have reliable information.

Where To Get A Background Check In New Mexico?

To get a background check in New Mexico, you can use several methods: the New Mexico Department of Public Safety (DPS) offers fingerprint-based checks for employment and licensing, which require submitting forms and a fee through their website. Online background check services provide comprehensive reports for basic and personal purposes.

Best Background Check Sites

1. TruthFinder – Comprehensive personal details
2. Instant Checkmate – Quick criminal history checks
3. BeenVerified – Detailed background reports

1

TruthFinder

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TruthFinder is a background check service that offers detailed reports for individuals in New Mexico. TruthFinder is a great choice for those seeking detailed personal information, including criminal history, social media profiles, and contact details. With millions of records in its database, TruthFinder provides accurate and up-to-date information.

Pros

• Extensive personal details including criminal history and social media profiles
• Easy-to-navigate platform
• Convenient access to reports on the go.
• Updated database
• Available via phone and email for assistance

Cons

• Full access to reports requires a paid subscription
• Users must commit to a subscription without a free trial period

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Instant CheckMate

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Instant Checkmate is known for its quick and reliable criminal history checks. Instant Checkmate provides users in New Mexico access to public records, including arrest records, convictions, and more. With a wide database and efficient search algorithms, Instant Checkmate ensures that users get accurate results quickly.

Pros

• Fast access to criminal records and public information
• Includes criminal history, address history, and more
• Simple, intuitive interface for quick searches
• Ensures that the information is current and reliable
• Competitive pricing

Cons

• Detailed reports require a paid subscription
• Some users report minor discrepancies in data

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3

BeenVerified

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BeenVerified offers detailed background reports that are ideal for individuals and employers in New Mexico. BeenVerified serves millions of users, providing access to public records, criminal history, and contact information. The platform is known for its comprehensive reports and user-friendly design.

Pros

• Wide range of public records and personal information
• Friendly interface
• Customer support 24/7
• Offers a convenient way to access reports on the go
• Reasonably priced subscription plans

Cons

• Requires paid membership
• Some reports may have outdated information

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Recap on New Mexico Background Check

It’s important to understand background check laws in New Mexico. These help make sure checks are done fairly and protect everyone’s rights. Using reliable background check sites can give you accurate information about criminal records, job history, and education.

Background Checks in New Mexico are not just a safety measure but a way to build trust. They help ensure honesty and transparency in both personal and professional relationships. Understanding and using these checks can lead to safer and more reliable connections for everyone.

Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.

The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.