In New Mexico, public records are governed by the New Mexico Inspection of Public Records Act (IPRA). This law gives individuals the right to access government records, including criminal records and court records, with some exceptions.
The New Mexico Criminal Records Act allows individuals to access their own criminal history record, but it does not allow access to the criminal history record of another individual without their written consent or a court order.
Employers in New Mexico are required to comply with federal laws, such as the Fair Credit Reporting Act, when conducting background checks on job applicants. In addition, employers may not discriminate against job applicants or employees based on their criminal history, unless the criminal history is directly related to the job in question.
New Mexico also has a law called the Human Rights Act, which prohibits discrimination in employment based on a variety of factors, including race, color, religion, sex, national origin, ancestry, age, and physical or mental disability.
It is important to note that the laws regarding background checks can be complex and may vary depending on the specific circumstances. It is recommended that individuals and employers consult with an attorney or a professional background screening company to ensure compliance with all applicable laws.