New Mexico Background Check
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New Mexico Background Check

Finding the right people is the key to success for companies operating in New Mexico. If you've got a solid process for screening, recruitment and hiring procedure it is possible to fill your business with people who will assist your business in growing while also safeguarding your brand's image.

The most important aspect of a successful hiring process for companies is conducting an extensive New Mexico background check for every candidate. Implementing a thorough screening process prior to hiring can assist your company to identify the best candidates, while also reducing the potential liability for hiring mistakes.


New Mexico employment background checks are not the same for all applicants. If you employ the wrong techniques to screen candidates, your company may be in danger. A trusted background check provider like The Koleman Group LLC will help your business make sure that you are in compliance with all applicable federal and state laws in addition to ensuring the data you get is reliable and complete.

We are The Koleman Group LLC, our staff members carry out thousands of background checks prior to employment for companies throughout New Mexico, including in Albuquerque, Las Cruces, Rio Rancho, and other cities. We have vast expertise and know-how, allowing us to conduct searches for employers that are thorough and accurate.

To assist New Mexico businesses, we have created this comprehensive checklist of the background check process for New Mexico so that you can get a concise overview of the many aspects and requirements of New Mexico pre-employment background checks.

New Mexico Employment Background Check Laws A Comprehensive Description

New Mexico employers must comply with all requirements for pre-employment background check laws, including state, local, and federal laws and regulations.

Staying current with laws is crucial as changes are usually initiated through legislative action or court rulings. One of the things The Koleman Group LLC does is to keep track of any changes in the law to make sure that we are in compliance with the law throughout the reports we issue.

Here's a brief overview of some relevant laws you must be aware of.

Federal Laws on Employment Background Checks

Background checks on employees are addressed in a range of federal laws, such as those relating to the Fair Credit Reporting Act or FCRA and Title VII of the Civil Rights Act of 1964. This law, the FCRA will be enforced by the Federal Trade Commission or FTC. Title VII of the Civil Rights Act is enforced by the Equal Employment Opportunity Commission or EEOC. Both federal agencies issue regulations in accordance with these laws , which businesses or consumer report agencies are required to follow.


The U.S. Congress enacted the FCRA in 1970. The main purpose of the law is to ensure the protection of personal information of consumers as well as privacy protection for the data gathered and maintained in consumer reports agencies. As a federal law it is also applicable for background check companies or consumer reporting agencies (CRAs) as well as employers across all states which includes New Mexico.

One of the obligations in the FCRA to employers is that they have to seek the permission of employees and applicants before they conduct background checks. The length of time which various types of information may be disclosed are also regulated in the FCRA.

Title VII

Since its adoption at the time of its 1964 passage, Title VII of the Civil Rights Act has had significant impact on workplaces throughout the U.S. The landmark law bans discrimination in the workplace that is based on the applicant's or employee's protected particulars.

The EEOC who enforces the anti-discrimination laws of Title VII, issued guidance in 2012 on the use of information about criminal history for background checks on applicants to jobs. Employers who find criminal records in the background checks they conduct for applicants and employees are advised to first examine the information to determine its relevance to open job openings.

The EEOC is also advising employers to provide applicants and employees with criminal convictions the chance to justify why their convictions and arrests do not apply to the jobs they're seeking or the positions they currently hold.

New Mexico State laws regarding background checks for employment

Certain state laws govern New Mexico pre-employment background checks and the data that could be supplied Employers by the CRA. As you are a New Mexico employer, it is crucial to know the laws in place and what they demand.

According to N.M. Stat. SS 56-3-6 credit bureaus can only be able to report the criminal charges for seven years after the date of the conviction as well as release on parole. Arrests as well as pending cases must be reported only as they're in the process of being resolved. If they don't result in conviction, they are not able to be reported. Convictions in which the pardon was granted aren't reportable. For the majority of credit-related information the standard time frame for filing for reporting in New Mexico is seven years or the statute of limitations.

When a credit bureau must provide consumers with a written notice about their rights in the FCRA in the first instance, they are obliged to comply with N.M. Stat. SS 56-3A-4, to include an explanation of their consumer rights to demand the freezing of their security or an order to remove.

There are two New Mexico statutes function as "ban-the-box" laws in New Mexico. According to theN.M. Stat. SS 28-2-3, employers in the public sector within New Mexico may not ask for criminal records information at the application process.

They are only able to consider convictions after the applicants are selected as finalists for the jobs. In the year 2019, New Mexico passed a ban-the-box law that applies to private employers that is codified in N.M. Stat. SS 28-2-3.1. This law prevents the employers from asking questions about criminal convictions when they review the initial application. However, they may consider convictions when applicants are deemed to be finalists for the position.

In addition, New Mexico employers are not allowed to ask applicants to provide passwords in order to gain access to applicant's social media accounts in accordance with N.M. Stat. SS 50-4-34. They are also not able to ask applicants to give them access to their social media accounts or any other way.

What's on a New Mexico Background Check?

Within New Mexico, most employers will require information regarding the criminal records of applicants as well as verifications of work, as well as proof of their education and qualifications they claim on their resumes or applications.

Based on the kind of job offered, some companies require additional information regarding the applicant's credit score or driving record.

Criminal Records

If someone is applying for employment has a criminal record it is possible to find various pieces of information in an New Mexico pre-employment background check.

The kinds of information that may be revealed in the background check include information about the charge, the file date and date for disposition as well as the decision in the matter, degree of the offense as well as some sentencing details.

Verification of Employment History

A verification of employment on an employment background check lets you check the history of employment and jobs filled by an applicant listed against the actual dates of employment and the positions that the applicant has been employed at.

This kind of data can help ensure that you employ trustworthy workers and could also aid in preventing fraudulent hiring claims.

Educational Verifications

If you are looking for workers with specific degrees or certificates Achieving an education verification will aid in making sure that you locate employees that are suitable for their job.

This kind of background information can help you ensure you have honest employees, and could protect you from lawsuits for liability.

Credit Checks

Companies in the financial services sector, as well as those in financial risky positions could have to undergo credit check. These can be obtained as an option with The Koleman Group LLC.

Recordings of Driving

If driving is an integral element of the job duties of your employees You can request record information for vehicles. This will allow you to ensure that the people you employ are safe and responsible motorists.

New Mexico Nursing Background Checks

Due to regulations for licensing and the need to protect vulnerable populations that healthcare workers, background checks for nurses are more thorough than regular background checks prior to employment.

The checks could also include the national criminal check, county criminal checks identity verification and national registry of sex offenders checks, checks for healthcare sanctions and monitoring, laboratory-based drugs screening tests, verification of nursing licenses and much more.

How far back do background checks go in New Mexico?

The CRAs must comply in accordance with FCRA in addition to state legislation when responding in response to inquiries for New Mexico pre-employment background checks.

In accordance with these laws information that was collected seven years or more isn't reportable. The same is true for New Mexico, information about arrests that don't result in convictions also isn't reportingable.

According to the FCRA the limits of seven years don't apply to positions where employees earn the sum of $75,000 or more. While time limits are applicable to credit history and criminal record information, they don't apply to information regarding the applicant's work or education level, nor do they apply to qualifications.

How do I get a background check in New Mexico?

The New Mexico Department of Public Safety is the state agency that has information on criminal records in the state. For an background check, you will have to provide a written authorization along with $15 to the state.

But this report does not contain all the information you require. It will contain only information on whether an candidate has had a conviction background that is located in New Mexico. This is be unable to contain any information about the applicant's education, credentials,contain details about the qualifications of an applicant's education and credit scores, criminal history in other states than New Mexico, or employment background.

Employers may try searching through local court records to find the locations where applicants have resided. But, this method isn't the only source of information available. It is best to use the services of a background check provider with a an excellent reputation, such as The Koleman Group LLC.

You can select the kinds of reports you require instead of getting reports on unnecessary details, and the reports we send are complete and accurate.

What is the cost of a background check in New Mexico?

The cost of a background check from the New Mexico State Police will cost you just $15. But, it won't give any additional information other than arrest and conviction details.

If you conduct the Google Search, then you could find vendors that claim to provide complimentary background screening. Avoid relying on such sources since their data tends to be incorrect and could not be in compliance with the FCRA and other state laws. The process of searching for documents on your own in the county court system is costly due to the sheer amount of hours of work required.

If you choose to work with an New Mexico background check provider such as The Koleman Group LLC, you'll discover that it's an affordable option to obtain the data about applicants is required to make sound hiring decision. We employ the most recent techniques to rapidly obtain comprehensive and reliable information for employers in New Mexico.

The price of a background check will depend on the complexity of the work needed. Check out our background check packages for pricing details.

What is the length of time it takes to conduct New Mexico background check?

The length of time it will take you to get the background check reports will depend on the method you use to complete your search. If you apply for a background check from New Mexico Department of Public Safety. They average turnaround time takes between seven to fifteen days to complete the process once they have received your request.

Searching through court records could take a lot of time and only provide you with a limited amount of details. If you are working for The Koleman Group LLC, you can get your results promptly. We are able to provide various types of background checks within a couple of hours or even days depending on the kind of information you want.

The Koleman Group LLC Your trusted partner for fast, accurate and Complete New Mexico Background Checks

Conducting thorough New Mexico background checks for all applicants You can help keep your workplace safer and more efficient. workplace.

When you work in partnership with The Koleman Group LLC, you can rest assured that the information you get will be up-to-date and up-to-date. We have a team of USA-based, professionally-trained employees who understand the requirements and the steps required to conduct compliant background checks.


Written on 2021-02-02 17:41:21 by larry coleman

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