Does the 7-year limit apply to high-paying jobs in New Mexico?

Yes. Unlike the federal FCRA (which allows unlimited reporting for jobs paying over $75,000) and some other states that have salary exceptions, New Mexico's 7-year limit applies to all jobs regardless of salary. This means even executive-level positions are subject to the same 7-year lookback limit.

Does New Mexico have a Clean Slate law?

No. New Mexico does not have a Clean Slate law that automatically seals or expunges records. However, the 7-year reporting limit means that older convictions effectively drop off background checks after 7 years. New Mexico does allow petition-based expungement for certain records.

Can an employer refuse to hire me because of a conviction in New Mexico?

An employer cannot apply a blanket ban on hiring people with criminal records. Under the Criminal Offender Employment Act, employers must evaluate the nature of the conviction in relation to the specific job duties and responsibilities. If the conviction is unrelated to the job, it generally should not be a basis for denial.

Will a felony from 10 years ago show up on a background check in New Mexico?

No. Under New Mexico's 7-year lookback limit, convictions older than 7 years cannot be reported on a background check by consumer reporting agencies. A felony from 10 years ago should not appear on a standard employment background check in New Mexico.

Can I get my record expunged in New Mexico?

New Mexico allows expungement of certain records, including arrests not leading to conviction. For conviction records, the 7-year reporting limit provides significant protection even without expungement. Contact the New Mexico Legal Aid office for help understanding your eligibility for expungement or record sealing.

New Mexico Background Check Laws

7-year lookback limitLast updated: 2026-04-01

New Mexico limits criminal conviction reporting to 7 years — no exceptions for salary level. Non-conviction records (arrests, dismissals) cannot be reported at all. New Mexico also has a strong ban-the-box law covering all private employers.

Overview

New Mexico is one of the most protective states in the country when it comes to background checks and criminal records. The state imposes a strict 7-year lookback limit on reporting criminal convictions — with no salary exception. Under N.M. Stat. § 56-3-6, consumer reporting agencies cannot report criminal convictions that are more than seven years old, regardless of how much the job pays. This is significantly more protective than the federal FCRA, which only limits reporting of non-conviction records. New Mexico also has a strong ban-the-box law that covers all private employers statewide. The Criminal Offender Employment Act (N.M. Stat. § 28-2-1 et seq.) prohibits employers from asking about criminal history on the initial job application and requires that criminal records be considered only in relation to the specific duties of the position. Additionally, New Mexico completely prohibits reporting non-conviction records — arrests that did not lead to conviction, dismissed charges, and acquittals cannot appear on a background check at all, regardless of when they occurred. For people with older records, New Mexico offers some of the strongest protections available in any state.

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

Record Type	Rule in New Mexico
Felony Convictions	7-year limit. Felony convictions older than 7 years cannot be reported by consumer reporting agencies, regardless of salary.
Misdemeanor Convictions	7-year limit. Misdemeanor convictions older than 7 years cannot be reported.
All Convictions	7-year limit — convictions older than 7 years cannot be reported on a background check under N.M. Stat. § 56-3-6. No salary exception.
Arrests (No Conviction)	Arrests not leading to conviction are completely prohibited from being reported, regardless of when they occurred. This is stricter than the 7-year federal FCRA limit.
Pending Cases	Pending criminal cases may be reported on a background check as they represent active charges.

Ban the Box / Fair Chance

Yes — covers private employers

New Mexico's Criminal Offender Employment Act (N.M. Stat. § 28-2-1 et seq.) applies to all employers statewide, including private employers. The law prohibits employers from asking about criminal history on initial job applications. Employers may inquire about criminal history later in the hiring process but must consider the nature of the conviction in relation to the specific job duties. The law also protects individuals from blanket bans on hiring people with criminal records.

Effective: 2019

Clean Slate / Auto-Sealing

No Clean Slate law

New Mexico does not have a Clean Slate law that automatically seals or expunges criminal records. However, the state's 7-year reporting limit effectively serves a similar function for employment screening — after 7 years, convictions will not appear on standard background checks. New Mexico does allow expungement of certain records, including arrests not leading to conviction and some lower-level offenses, through a petition process.

What Employers Can Do in New Mexico

When can employers ask about criminal history?: Employers cannot ask about criminal history on the initial job application. They may inquire later in the hiring process, typically after reviewing the application or during an interview.
What can they consider?: Under the Criminal Offender Employment Act, employers must consider the nature of the criminal conviction in relation to the specific duties and responsibilities of the job. Blanket policies that exclude all applicants with criminal records are prohibited. Employers should evaluate each case individually.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in New Mexico

New Mexico Consumer Reporting Act (N.M. Stat. § 56-3-6)(1975)
Prohibits consumer reporting agencies from reporting criminal convictions older than 7 years, with no salary exception. Also prohibits reporting of non-conviction records entirely. One of the strictest background check reporting laws in the country.
Criminal Offender Employment Act (N.M. Stat. § 28-2-1 et seq.)(2019)
New Mexico's ban-the-box law covering all employers, including private employers. Prohibits criminal history questions on initial applications and requires that conviction history be evaluated in relation to specific job duties.
Fair Credit Reporting Act (FCRA)(1970)
Federal baseline law. New Mexico's state law is stricter than the FCRA in key ways — notably the 7-year conviction limit (FCRA has no conviction limit) and the complete prohibition on non-conviction reporting (FCRA allows 7 years).

Frequently Asked Questions — New Mexico

How far back does a background check go in New Mexico?: In New Mexico, background checks are limited to 7 years for criminal convictions, with no exceptions. Under N.M. Stat. § 56-3-6, consumer reporting agencies cannot report convictions older than 7 years, regardless of how much the job pays. This is one of the strongest protections in the country.
Can a dismissed charge show up on a background check in New Mexico?: No. New Mexico completely prohibits the reporting of non-conviction records on background checks. Arrests that did not lead to a conviction, dismissed charges, and acquittals cannot be reported at all, regardless of when they occurred. This is stricter than the federal 7-year FCRA limit on non-conviction records.
Can a New Mexico employer ask about criminal history on a job application?: No. Under the Criminal Offender Employment Act, all employers in New Mexico — including private employers — are prohibited from asking about criminal history on the initial job application. Employers may inquire later in the hiring process but must consider the relevance of the conviction to the specific job.
Does the 7-year limit apply to high-paying jobs in New Mexico?: Yes. Unlike the federal FCRA (which allows unlimited reporting for jobs paying over $75,000) and some other states that have salary exceptions, New Mexico's 7-year limit applies to all jobs regardless of salary. This means even executive-level positions are subject to the same 7-year lookback limit.
Does New Mexico have a Clean Slate law?: No. New Mexico does not have a Clean Slate law that automatically seals or expunges records. However, the 7-year reporting limit means that older convictions effectively drop off background checks after 7 years. New Mexico does allow petition-based expungement for certain records.
Can an employer refuse to hire me because of a conviction in New Mexico?: An employer cannot apply a blanket ban on hiring people with criminal records. Under the Criminal Offender Employment Act, employers must evaluate the nature of the conviction in relation to the specific job duties and responsibilities. If the conviction is unrelated to the job, it generally should not be a basis for denial.
Will a felony from 10 years ago show up on a background check in New Mexico?: No. Under New Mexico's 7-year lookback limit, convictions older than 7 years cannot be reported on a background check by consumer reporting agencies. A felony from 10 years ago should not appear on a standard employment background check in New Mexico.
Can I get my record expunged in New Mexico?: New Mexico allows expungement of certain records, including arrests not leading to conviction. For conviction records, the 7-year reporting limit provides significant protection even without expungement. Contact the New Mexico Legal Aid office for help understanding your eligibility for expungement or record sealing.

New Mexico Resources

New Mexico Legal Aid
Provides free legal assistance to low-income New Mexico residents, including help with criminal record issues, expungement, and employment rights.
New Mexico Corrections Department — Reentry Resources
State corrections department with information about reentry programs, parole, and resources for people transitioning back into the community.
Law Access New Mexico
Free legal information and referral service helping New Mexico residents navigate legal issues including background checks and employment rights.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in New Mexico for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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