New Mexico § 28-2-3.1 - Employment eligibility determination; private employers
Full text of New Mexico New Mexico Statutes Annotated § 28-2-3.1 — Employment eligibility determination; private employers, with citation guidance and answers to common questions.
§ 28-2-3.1. Employment eligibility determination; private employers
A. If a private employer uses a written or electronic employment application, the
employer shall not make an inquiry regarding an applicant's history of arrest or conviction
on the employment application but may 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. B. An applicant who claims to be aggrieved by a violation of Subsection A of this
section may seek relief under the Human Rights Act pursuant to the process set out
in Sections 28-1-10 through 28-1-13 NMSA 1978 .
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 28-2-3.1
What does New Mexico Statutes Annotated § 28-2-3.1 cover?
Section 28-2-3.1 ("Employment eligibility determination; private employers") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 28-2-3.1?
A common citation format is "New Mexico Statutes Annotated § 28-2-3.1" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 28-2-3.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.