New Mexico Background Check Laws for Employers (2026)
New Mexico layers its own hiring rules on top of the federal Fair Credit Reporting Act. A private-employer ban-the-box law, a seven-year reporting limit, and an expungement statute all shape every check.
This guide explains each statute, the agency behind it, what a job application may ask, and how far back a criminal check can reach.
New Mexico Background Check Laws at a Glance
Several state laws shape every employment background check in New Mexico. In addition, the federal FCRA governs any employer that orders reports from a screening company.
The table below lists each law, what it does, and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; Credit Bureaus Act, NMSA 1978 §§ 56-3-1 to 56-3-8 | Sets disclosure, consent, and adverse action rules, and limits how long reports may show arrests, convictions, and debts. | FTC and CFPB; state courts through private civil actions (§ 56-3-7) |
| State criminal records | DPS name-based check ($15) and NMAPS fingerprint check via IdentoGO | Returns state repository records in 7 to 15 working days; most private employers use a real-time court search instead. | NM Department of Public Safety, Law Enforcement Records Bureau |
| Fair chance / ban the box (private) | Criminal Offender Employment Act, NMSA 1978 § 28-2-3.1 | Bans arrest and conviction questions on written or electronic job applications. | Human Rights Bureau, NM Department of Workforce Solutions |
| Fair chance / ban the box (public) | NMSA 1978 §§ 28-2-3, 28-2-4, 28-2-5 | Delays conviction review until the finalist stage and requires job-related, written decisions. | State boards, agencies, and political subdivisions |
| Sealed and expunged records | Criminal Record Expungement Act, NMSA 1978 § 29-3A-1 et seq. | Lets people expunge eligible records and clears qualifying cannabis records automatically. | NM district courts, Administrative Office of the Courts, and DPS |
| Lookback limits | NMSA 1978 § 56-3-6(A)(5) | Bars reporting criminal records older than seven years from release or parole, with no salary exemption. | State courts through private civil actions |
| Credit reports | No state restriction; FCRA; NMSA 1978 § 56-3-6 | Allows employment credit checks with FCRA consent; limits bankruptcies to 14 years and collections to seven. | FTC and CFPB |
| Salary history | No state law | New Mexico does not ban salary history questions. | Not applicable |
| Drug and marijuana testing | NMSA 1978 § 26-2B-9 (medical); § 26-2C-34 (adult use) | Protects medical cannabis patients from most adverse actions; adult-use law gives employees no protection. | Medical Cannabis Program, NM Department of Health |
| Application questions | Human Rights Act, NMSA 1978 § 28-1-7(D) | Bars application questions that express a limitation based on a protected class at employers with four or more employees. | Human Rights Bureau, NM Department of Workforce Solutions |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | USCIS |
| Social media | NMSA 1978 § 50-4-34 | Bars employers from requesting applicants’ social media passwords. | State courts (no dedicated agency) |
| Caregivers | Caregivers Criminal History Screening Act, NMSA 1978 § 29-17-1 et seq. | Requires fingerprint screening for caregivers and hospital caregivers. | NM Health Care Authority, Division of Health Improvement |
| School personnel | NMSA 1978 § 22-10A-5 | Requires fingerprint checks for school hires, volunteers, and contractors. | Public Education Department, with DPS and the FBI |
| Driving records | NMSA 1978 § 66-2-7.1; Driver’s Privacy Protection Act, 18 U.S.C. § 2721 | Keeps driver records confidential except for permitted uses. | Motor Vehicle Division, NM Taxation and Revenue Department |
How the FCRA Applies to New Mexico Employers
The Fair Credit Reporting Act applies whenever you use a consumer reporting agency. The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
New Mexico does not replace these duties. Instead, state law adds limits on top of them, so follow these four steps for every applicant and every employee check.
Clear Disclosure
First, tell the applicant in writing that you will obtain a background report. Keep that disclosure in its own document, with no waivers or extra terms.
Written Authorization
Next, collect the applicant’s signed consent before you order the report. Under 15 U.S.C. § 1681b, an e-signature works too.
Pre-Adverse Action
Before you decide, send a copy of the report and the FCRA Summary of Rights. Then give the applicant a fair chance to respond or dispute errors.
Adverse Action Notice
Finally, name the screening company and share its contact details. Also state that the agency did not make the decision and explain dispute rights.
How to Run a New Mexico Criminal Background Check
Employers have several ways to search New Mexico criminal records. Each option differs in speed, scope, and compliance support.
The DPS Law Enforcement Records Bureau charges $15 per in-state name-based check. Processing often takes 7 to 15 working days, and the service mainly suits applicants reviewing their own record.
Fingerprint checks run through DPS and the FBI via IdentoGO. Results usually arrive 24 to 72 hours after prints, but only roles with a statutory fingerprint mandate can use them.
A court case lookup through New Mexico Courts works for checking a single known case. However, it needs manual review and does not scale for hiring.
Why Employers Choose a Real-Time Statewide Search
A repository request can stall an offer for weeks. By contrast, a New Mexico real-time statewide search from BCS Background Screening LLC returns court data far sooner.
Our researchers also confirm identifiers and final dispositions before a record reaches your report. That review helps you meet the FCRA accuracy duty in 15 U.S.C. § 1681e(b).
For a deeper look at one jurisdiction, a county criminal court search covers any of New Mexico’s 33 counties for $18 plus court fees.
How Far Back Do Background Checks Go in New Mexico?
New Mexico has its own time limit on criminal information in consumer reports. Specifically, the Credit Bureaus Act, NMSA 1978 § 56-3-6(A)(5), caps criminal entries at seven years.
Normally, 15 U.S.C. § 1681t(b)(1)(E) preempts state limits on report content. Still, that clause spares state laws in effect on September 30, 1996, and New Mexico enacted its rule in 1969, so BCS Background Screening LLC applies the seven-year limit conservatively on New Mexico reports.
From Release or Parole (State)
NMSA 1978 § 56-3-6(A)(5) bars screening companies from reporting arrests, pending indictments, and convictions older than seven years from release or parole.
Non-Convictions (Federal)
The FCRA separately limits arrests, civil suits, and judgments to seven years under 15 U.S.C. § 1681c(a).
Salary Exemption
Federal limits lift for jobs paying $75,000 or more, yet New Mexico’s statute lists no salary exception.
Bankruptcies
The Credit Bureaus Act limits reported bankruptcies to 14 years and collection accounts to seven years.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Expunged, Sealed, and Cannabis Records in New Mexico
Sealed, Expunged, and Set-Aside Records
The Criminal Record Expungement Act, NMSA 1978 § 29-3A-1 et seq., took effect on January 1, 2020. It lets people petition a district court to clear eligible arrest and conviction records.
Meanwhile, the NM Department of Public Safety updates its repository once a court enters an order.
| Record Type | Waiting Period | Statute |
|---|---|---|
| Arrest released without conviction | 1 year after final disposition | § 29-3A-4 |
| Municipal ordinance or misdemeanor | 2 years after sentence completion | § 29-3A-5 |
| Fourth degree felony | 4 years | § 29-3A-5 |
| Third degree felony | 6 years | § 29-3A-5 |
| Second degree felony | 8 years | § 29-3A-5 |
| First degree felony | 10 years | § 29-3A-5 |
| Cannabis offenses no longer crimes | Automatic after 2 years | § 29-3A-8 |
Under NMSA 1978 § 29-3A-7, expunged proceedings are treated as if they never occurred. Thus, the person may lawfully answer that no record exists.
Some crimes never qualify, including sex offenses, crimes against children, DWI, and embezzlement. For a state-by-state comparison, see the Collateral Consequences Resource Center profile.
One exception applies to firms regulated by FINRA or the SEC. In those roles, applicants must still disclose expunged arrests and convictions.
Arrests and Non-Convictions
Public employers may not use arrests not followed by a valid conviction under NMSA 1978 § 28-2-3(B). Private employers may consider them only after the application stage.
Even then, an arrest alone does not prove conduct, and relying on arrests alone creates Title VII risk. So, always confirm the final disposition before you act.
Juvenile Records
Public employers may not consider juvenile adjudications under § 28-2-3(B). Private employers should follow the same practice, because juvenile matters rarely relate to adult job duties.
Marijuana Convictions
Cannabis offenses that are no longer crimes are expunged automatically after two years under § 29-3A-8. Other records clear only by petition.
Applicants can also request cannabis clearance through the New Mexico Courts expungement page. Never act on a cannabis record that the courts have already cleared.
New Mexico Ban the Box Law for Private and Public Employers
New Mexico extended ban-the-box rules to private employers in 2019 through Senate Bill 96. The law sits inside the Criminal Offender Employment Act, NMSA 1978 §§ 28-2-1 to 28-2-6.
Private Employers: § 28-2-3.1
Under NMSA 1978 § 28-2-3.1, you cannot ask about arrests or convictions on a written or electronic application. The statute sets no employee threshold, so it applies to private employers of any size.
However, you may consider a conviction after you review the application and discuss the job with the applicant. You may also tell applicants that law or employer policy could disqualify certain criminal histories.
No individualized-assessment statute covers private employers. Still, document a job-related reason for every criminal-history decision.
Public Employers: §§ 28-2-3 and 28-2-4
State and local agencies may not ask about convictions on an initial application, per NMSA 1978 § 28-2-3. They may consider a conviction only after the applicant is selected as a finalist, and a conviction can never act as an automatic bar.
Agencies also cannot use non-conviction arrests, sealed, dismissed, expunged or pardoned convictions, juvenile adjudications, or convictions that are not job-related and consistent with business necessity (§ 28-2-3(B)).
Under NMSA 1978 § 28-2-4(A), a public employer or licensing board may refuse or revoke employment or a license for a felony conviction only where the conviction directly relates to the particular employment. When a decision rests in whole or in part on a conviction, § 28-2-4(B) requires the agency to state its reasons in writing.
Public-Employer Exemptions Under SB 66 (2025)
Laws 2025, ch. 61 (SB 66), effective April 7, 2025, amended NMSA 1978 § 28-2-5. The Criminal Offender Employment Act now does not apply to law enforcement agencies or to the Children, Youth and Families Department.
It also exempts the Early Childhood Education and Care Department for child-care licensing or employment, agencies screening caregivers under the Caregivers Criminal History Screening Act, and the Public Education Department for School Personnel Act licensure. See the What Changed section for details.
Who Enforces New Mexico’s Ban the Box Law?
The Human Rights Bureau of the NM Department of Workforce Solutions handles complaints. Applicants seek relief through the Human Rights Act process in §§ 28-1-10 through 28-1-13.
Notably, they must file within 300 days of the alleged violation, according to NMSA 1978 § 28-1-10. For a legal summary of the 2019 changes, see this Jackson Lewis analysis.
New Mexico has no local fair-chance ordinances that add to the state rule.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
What a New Mexico Job Application May Ask
The Human Rights Act, N.M. Stat. Ann. § 28-1-7(D), covers employers with four or more employees. It makes it unlawful to use any application form, or to make any inquiry about prospective employment, that expresses a limitation, specification, or discrimination based on a protected class.
The clause lists race, color, religion, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or a related condition, physical or mental disability, serious medical condition, and military status. Employers with 50 or more employees also may not express a limitation based on spousal affiliation.
Age is not in this clause, so federal law governs date-of-birth questions. The only exception is a bona fide occupational qualification.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service, and § 28-1-7(D) lists military status. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
New Mexico has no statute that bans employer credit checks. Even so, the FCRA disclosure and consent rules apply in full.
The Credit Bureaus Act also limits bankruptcies to 14 years and collection accounts to seven years. In addition, § 56-3-5 requires agencies to keep personnel investigation data separate from credit files.
Salary History and Pay Transparency
New Mexico has no salary history ban and no pay transparency statute. Employers may ask about prior pay, although many now skip the question to reduce Equal Pay Act risk.
Drug and Marijuana Testing
The Lynn and Erin Compassionate Use Act, § 26-2B-9, protects medical cannabis patients. Employers may not take adverse action for conduct the Act allows unless doing so would cost the employer a monetary or licensing-related benefit under federal law.
Employers may still act on use of or impairment by medical cannabis on the premises or during work hours. Likewise, the protection does not cover positions the employer deems safety-sensitive.
The 2021 Cannabis Regulation Act, § 26-2C-34, legalized adult use, yet it does not protect employees. Employers may act on impairment, possession, or use at work and may adopt a written zero-tolerance policy that allows discipline on a positive test.
Pre-employment THC testing remains allowed. A 2026 bill to expand medical-cannabis protections, SB 129, died in committee, so the rules above still stand.
For practical detail, review this McGuireWoods cannabis employer alert.
Motor Vehicle Records
NMSA 1978 § 66-2-7.1 keeps motor vehicle records confidential except for permitted uses. The federal Driver’s Privacy Protection Act adds matching limits.
The Motor Vehicle Division requires a signed DPPA agreement from business requesters. For driving roles, order a motor vehicle record through an FCRA-compliant provider.
E-Verify and Form I-9
New Mexico does not mandate E-Verify for private or public employers. E-Verify stays voluntary except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
NMSA 1978 § 50-4-34 bars employers from requesting applicants’ social media passwords. You may, however, review information that is already public.
Automated and AI Hiring Tools
New Mexico has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Industry-Specific Background Check Rules in New Mexico
Some New Mexico jobs require fingerprint checks by statute. Others carry lifetime bars for specific offenses, so review the rules for your sector below.
Caregivers and Health Care
The Caregivers Criminal History Screening Program fingerprints caregivers and hospital caregivers. Under § 29-17-5, certain felonies disqualify applicants outright, and the Health Care Authority’s Division of Health Improvement runs the program.
Schools and Educators
Under § 22-10A-5, districts fingerprint new hires, volunteers, and contractors. DPS checks state records and forwards prints to the FBI, and the Public Education Department then receives the results.
Licensing and Public Jobs
Boards and public employers may deny a license or job only for a felony that directly relates to the work, per § 28-2-4, and must state their reasons in writing. Child-care and teaching roles carry lifetime bars for listed violent and sexual offenses.
Commercial Drivers
Motor carriers must review a driver’s prior three years of DOT safety history. They must also pull a three-year driving record under 49 C.F.R. § 391.23 and run FMCSA Clearinghouse queries before hire and annually.
Financial Services
Firms regulated by FINRA or the SEC may ask about expunged New Mexico records. That duty comes from the disclosure exception in § 29-3A-7.
Official State Record Checks
The DPS Law Enforcement Records Bureau charges $15 per in-state check. Processing often takes 7 to 15 working days, and fingerprint results arrive faster through IdentoGO.
What Changed for New Mexico Employers in 2026
New Mexico passed no new private-employer screening statute in 2026, and SB 129 on medical cannabis died in committee. However, a 2025 change to the public-employer fair-chance rules and two federal changes affect how New Mexico employers screen this year.
SB 66 exempts more public agencies from the Criminal Offender Employment Act
Laws 2025, ch. 61 (SB 66), effective April 7, 2025, amended NMSA 1978 § 28-2-5. The Criminal Offender Employment Act now does not apply to law enforcement agencies, the Early Childhood Education and Care Department for child-care licensing or employment, agencies screening caregivers under the Caregivers Criminal History Screening Act, the Children, Youth and Families Department, or the Public Education Department for School Personnel Act licensure.
Those agencies no longer follow the finalist-stage timing in § 28-2-3 or the directly-related felony test in § 28-2-4 for the covered roles. The private-employer rule in § 28-2-3.1 is unchanged.
What to do: Public employers outside the exempt list still may not ask about convictions on an initial application, must limit felony denials to directly related convictions, and must state reasons in writing. Private employers should keep every arrest and conviction question off the application.
Source: NMSA 1978 § 28-2-5, as amended by Laws 2025, ch. 61 (SB 66). Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, keep honoring the medical-cannabis protections in NMSA 1978 § 26-2B-9.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
New Mexico Employment Screening Services
BCS Background Screening LLC delivers New Mexico criminal data without the state repository wait. Every search follows the FCRA and New Mexico reporting limits.
New Mexico Real-Time Statewide Search
Search New Mexico court records in real time instead of waiting weeks for a repository reply.
County Criminal Court Search
Researchers search court files in any of New Mexico’s 33 counties. Price: $18 plus court fees.
SSN Trace
Reveals names, aliases, and 10+ years of address history to target county searches.
Nationwide Criminal Database
Locate records in other states, then verify every hit at the source court.
Federal Criminal Search
Find federal charges filed in the U.S. District Court for the District of New Mexico.
Motor Vehicle Records
Review license status, violations, and suspensions for driving roles.
Mobile Applicant E-Signature
Send a secure link so applicants e-sign the FCRA disclosure on any phone.
Verifications and Add-ons
Adds employment, education, and license verification to any New Mexico package.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
New Mexico Employer Compliance Checklist
- Remove every arrest and conviction question from your job application.
- Wait until after the application review and an interview before discussing records.
- Remove sex, marital status, religion, disability, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Give a standalone FCRA disclosure and collect written authorization.
- Apply the seven-year New Mexico limit, measured from release or parole.
- Ignore expunged records, except for FINRA- or SEC-regulated roles.
- Weigh the nature of the offense, the time elapsed, and the duties of the job before you act on a record.
- Send pre-adverse and adverse action notices with the Summary of Rights.
- Confirm any fingerprint mandates for caregiver, school, or licensed roles.
New Mexico Employment Screening Law FAQs
Does New Mexico have a ban-the-box law for private employers?
Yes. NMSA 1978 § 28-2-3.1 bars private employers from asking about arrests or convictions on job applications. You may discuss convictions after reviewing the application and talking with the applicant.
The Human Rights Bureau of the NM Department of Workforce Solutions enforces the rule under the Human Rights Act.
How far back can a background check go in New Mexico?
The Credit Bureaus Act, NMSA 1978 § 56-3-6(A)(5), limits arrests and convictions to seven years from release or parole, with no salary exemption. The federal FCRA separately caps non-conviction records at seven years.
Private civil actions under § 56-3-7 enforce the state limit, and the FTC and CFPB enforce the FCRA.
Can New Mexico employers use arrest records in hiring?
Public employers cannot. NMSA 1978 § 28-2-3(B) bars state agencies from using arrests not followed by a valid conviction.
Private employers may consider arrests only after the application stage and face Title VII risk when they rely on arrests alone. Therefore, base decisions on convictions that relate to the job.
What may a New Mexico employer ask on a job application?
N.M. Stat. Ann. § 28-1-7(D) bars employers with four or more employees from using an application that expresses a limitation based on race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, disability, serious medical condition, or military status. The Human Rights Bureau enforces it.
Federal law adds the ADEA, ADA, and INA limits on age, health, and citizenship questions. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
What happens when a New Mexico record is expunged?
Under NMSA 1978 § 29-3A-7, the proceedings are treated as if they never occurred. The applicant may answer that no record exists.
District courts grant the orders, and the Department of Public Safety updates its files. However, FINRA- or SEC-regulated firms can still require disclosure.
What changed for New Mexico public employers in 2025?
Laws 2025, ch. 61 (SB 66), effective April 7, 2025, amended NMSA 1978 § 28-2-5. The Criminal Offender Employment Act no longer applies to law enforcement agencies, ECECD child-care licensing, caregiver screening under the Caregivers Criminal History Screening Act, CYFD, or PED School Personnel Act licensure.
Other public employers still follow §§ 28-2-3 and 28-2-4, and the Human Rights Bureau still handles private-employer complaints.
Which New Mexico jobs require fingerprint background checks?
Caregivers need fingerprint screening under the Caregivers Criminal History Screening Act, NMSA 1978 § 29-17-5. The Health Care Authority administers it.
School hires, volunteers, and contractors need checks under § 22-10A-5, which the Public Education Department oversees with DPS.
Can New Mexico employers refuse to hire medical cannabis patients?
Generally, no. NMSA 1978 § 26-2B-9 protects enrolled patients from adverse action based on lawful medical use. The NM Department of Health runs the Medical Cannabis Program.
Exceptions cover safety-sensitive jobs, use or impairment at work, and cases where compliance would cost a federal monetary or licensing benefit.
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This page provides general information about New Mexico background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.