A past criminal record can feel like a roadblock to your future career. You’ve paid your dues and are ready to move forward, but a box on a job application stands in your way. Understanding your rights during the hiring process is the first step toward securing the employment you deserve. Many states, including New Mexico, have laws designed to give you a fair chance.
This post will explore the laws governing criminal background checks in employment. We will also discuss how a legal process called expungement can clear your path. Knowing these details can empower you to confidently pursue new opportunities.
What are “Ban the Box” Laws?
Many states have enacted “ban the box” statutes. These laws get their name from the checkbox on many initial job applications that asks if you have ever been convicted of a crime. The goal of these statutes is to prevent unfair discrimination against individuals with criminal records early in the hiring process.
While the specifics change from state to state, the general idea is consistent. Employers are often prohibited from asking about your criminal history on the initial application. This gives you the chance to be judged on your qualifications, skills, and experience first. An employer can typically only inquire about your record after they have reviewed your application and decided you are a potentially qualified candidate, often after an interview.
New Mexico’s Approach to Fair Hiring
New Mexico provides specific protections for job seekers through the Criminal Offender Employment Act. This law directly addresses how and when private employers can ask about your past.
The Hiring Process Under New Mexico Law
Under the Act, a private employer in New Mexico cannot include a question about your arrest or conviction history on their initial written or electronic application form. This levels the playing field, ensuring your application is considered on its merits.
Only after the employer has reviewed your application and conducted a discussion or interview can they inquire about a past conviction. Even then, simply having a record does not mean automatic disqualification. Employers are encouraged to consider the nature of the conviction, how long ago it occurred, and its relevance to the job itself.
Enforcing Your Rights
What happens if an employer violates this law? The Criminal Offender Employment Act is enforced through the same processes defined under the New Mexico Human Rights Act. This means an unfair denial of employment based on a premature background inquiry can be treated as a form of employment discrimination, and you have legal recourse.
Expungement: A Fresh Start for Your Record
Beyond fair hiring laws, New Mexico offers a powerful tool for a true fresh start: criminal record expungement. The Criminal Record Expungement Act allows eligible individuals to petition the court to have certain arrest and conviction records sealed from public view.
How Expungement Works
An expunged record is essentially hidden. For most purposes, it is as if the arrest or conviction never happened. Once a record is successfully expunged, you can legally and truthfully state that you have not been convicted of that crime on a job application. This removes the barrier entirely, allowing you to present yourself to employers without the shadow of a past mistake.
Are You Eligible for Expungement?
Eligibility for expungement depends on several factors, including the type of offense and the amount of time that has passed since you completed your sentence. The process can seem complex, and navigating the legal requirements requires careful attention to detail. Determining if your specific record qualifies is a critical first step.
The legal process involves filing a formal petition with the court and demonstrating that justice would be served by granting the expungement. Having an experienced attorney guide you through this process can make a significant difference in the outcome.
Why You Need Expert Legal Guidance
Navigating employment and expungement laws can be challenging. The rules can vary not just by state, but also by city, type of employment (public vs. private), and specific industry requirements. Federal regulations or certain occupational licenses can add another layer of complexity.
Making a mistake in the expungement process can lead to delays or denial. Misunderstanding your rights during a job search can cause you to miss out on valuable opportunities. This is where professional legal help becomes essential. Learn if you are eligible for an expungement by taking our survey: NMExpungement
At Business Laws SW, we have the expertise to guide you through these intricate legal landscapes.
- Expungement Services: We can assess your eligibility for expungement, handle all the necessary paperwork, and represent you in court. Our goal is to help you clear your record and open the door to new possibilities.
- Employment Law Counsel: If you believe you have been unfairly discriminated against due to your criminal record, we can advise you on your rights and help you take appropriate action.
Don’t let a past mistake define your future. You have rights, and you may have a clear path to a clean slate. Taking the right legal steps today can secure your career for tomorrow.
Contact us to discuss your situation. Let our experienced legal team help you navigate the complexities of employment law and the expungement process.
