New Mexico bans employers from asking about applicants' criminal history

New Mexico bans employers from asking about applicants' criminal history
© Getty Images

A law is taking effect in New Mexico on Friday that bars employers from being able to inquire about a prospective employee’s criminal history on his or her job application.

Under Senate Bill 96, which was signed off by Democratic Gov. Michelle Lujan GrishamMichelle Lynn Lujan GrishamCapitol Christmas tree lights up Washington Here are 16 places celebrating Indigenous Peoples Day for the first time this year New Mexico releases plan to provide free college to all state residents: report MORE earlier this year, private employers are banned from being able to ask about applicants’ criminal history on their initial job applications.


However, the law states that it does permit employers to take into consideration an “applicant's conviction after review of the applicant's application and upon discussion of employment with the applicant.”

“Nothing in this section shall prohibit an employer from notifying the public or an applicant that the law or the employer's policy could disqualify an applicant who has a certain criminal history from employment in particular positions with that employer,” the measure also states.

The law also allows applicants who believe they were a victim of a violation of the law to seek relief under the Human Rights Act.

Discussing the law earlier this year, Grisham said: “New Mexicans who are committed to rehabilitating themselves after a criminal incident deserve every opportunity to rebuild their lives.”

“Banning the box ensures there is a just pathway back to a productive life for New Mexicans and their families. I am proud to have signed it,” she add, according to a local ABC station.