All resourcesState guide · NM
New Mexico background check laws
A practitioner-grade reference to New Mexico pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to NM.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Statewide (Criminal Offender Employment Act) |
| Salary history | No restriction |
| Cannabis testing | Recreational legal (HB 2); limited employer protections |
Lookback period
New Mexico applies FCRA. Expunged records under N.M. Stat. §29-3A-3 must be suppressed.
Ban-the-Box and Fair Chance rules
Private employers may consider conviction history only after the candidate has been interviewed or selected as a finalist.
Salary history
No statewide salary-history ban.
Cannabis & drug testing
The Cannabis Regulation Act (2021) preserves the employer's right to enforce drug-free workplace policies; medical patients have limited protections.
Governing statutes & references
- N.M. Stat. §28-2-3 (COEA)
- HB 2 (2021)
SafestHires compliance note
Conviction inquiry permitted only after interview.