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Conducting Criminal Record Checks in New Mexico

Filed under Office & HR.

Employers in New Mexico are permitted or required to conduct criminal record checks in accordance with these rules.

New Mexico prohibits certain criminal offenders from working with children. If the offender was convicted of trafficking in controlled substances, certain sex offenses or child abuse and has applied for reinstatement or issuance of a teaching certificate, license to operate a child-care facility or employment at a child-care facility, regardless of rehabilitation, the issuing agency may refuse to grant or renew, may suspend or revoke the offender's certification, license or employment application.

Background checks are required for all operators, staff and employees of child care facilities. Employees, contractors and volunteers of child care facilities are required to undergo a background check and submit a set of fingerprints as a condition of employment.

New Mexico requires fingerprinting and a background check for a volunteer or staff member at a juvenile justice facility.

A criminal history background investigation is required as part of the application for a license for insurance agents, title insurance agents, and title insurers. The investigation is conducted through fingerprint checks with the Department of Public Safety and the FBI. The same check may be used to suspend or revoke a an insurer's license.

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