Employment Screening In New Mexico
All employment screening services including pre-employment drug screening and pre-employment criminal record background checks are available in New Mexico.
National Employment Screening provides professional pre employment screening services to New Mexico employers to help you protect your employees and clients from the costly effects of making a “Bad Hire.”
Our criminal records Smart Search Plus® has become the industry standard for a quality FCRA Compliant criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states.
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
We provide employment screening services for employers in all New Mexico cities including Santa Fe, Albuquerque, Taos and other New Mexico cities.
New Mexico employment screening law: Giving Employment References in New Mexico
New Mexico Law
At the request of the employee, an employer may disclose information regarding the employee’s job related skill, reliability, ability, or illegal or wrongful acts, with immunity from civil liability as long as the employer does not act with ill will, provide untrue or inaccurate information, or violating any form of the employees civil rights. (NM Stat §51-12-1)
New Mexico employment screening law: At Will law New Mexico The general rule in New Mexico is that an employment contract is for an indefinite period and is terminable at the will of either party unless there is an express contractual provision that states something different.
There are two recognized exceptions in New Mexico to the employment at will rule:
Discharge in violation of public policy
Implied contract of employment, which limits discharge to “for cause” or pursuant to a particular set of procedures
As In the majority of states, employees not working under an employment contract are deemed to be “at will.” At-will employees may be terminated for any reason, so long as it’s not illegal.
Similarly, an employee is free to leave his or her job at any time for any reason.
New Mexico Reporting Restrictions (Enacted 1969)
NM Statute 56-3-6 “Credit bureaus” cannot report arrests and indictments pending trial, or convictions of crimes, after seven years from date of release or parole.
Such items cannot be reported if at any time it is learned that after a conviction a full pardon has been granted or after an arrest or indictment a conviction did not result. Note: “Credit bureau” is defined as “Any business engaged in furnishing credit information about consumers”.
New Mexico Employment screening law: Denying employment:
Applicants may be disqualified based upon felony convictions or misdemeanor convictions involving moral turpitude if they are directly related to the position or license sought, or if the individual is deemed insufficiently rehabilitated.
Completion of parole or probation or a three-year period following discharge or release from imprisonment without a subsequent conviction will create a presumption of rehabilitation.
Regardless of rehabilitation, convictions for drug-trafficking, child abuse, and certain sexual offenses may disqualify an individual for a teaching certificate or child-care licensure or employment. Furthermore, the statute does not cover law enforcement agencies.
Use Of Social Media In New Mexico Employment Screening:
Employers are prohibited from requesting or requiring that prospective employees provide passwords or access to their social networking accounts (2013)
Please note that Federal law mandates background checks for employees who are engaged in particular industries.
The Office of Inspector General of the Department of Health and Human Services maintains a list of individuals who are excluded from participation in any of its federally-funded healthcare programs.
Exclusions are due to convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans.
Therefore, employers in affected industries should check the OIG Exclusion list before hiring employees who might work in such programs.
The FACIS® program is also very important when screening medical personnel.
Click Here for more information on FACIS®.
Click Here for more information on FACIS®.