New Mexico § 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement
Full text of New Mexico New Mexico Statutes Annotated § 61-1-36 — Criminal convictions; exclusion from licensure; disclosure requirement, with citation guidance and answers to common questions.
§ 61-1-36. Criminal convictions; exclusion from licensure; disclosure requirement
A. A board shall not exclude from licensure a person who is otherwise qualified on
the sole basis that the person has been previously arrested for or convicted of a
crime, unless the person has a disqualifying criminal conviction. B. By December 31, 2021, each board shall promulgate and post on the board's website
rules relating to licensing requirements to list the specific criminal convictions
that could disqualify an applicant from receiving a license on the basis of a previous
felony conviction. Rules relating to licensing requirements promulgated by a board shall not use the
terms “moral turpitude” or “good character”. A board shall only list potentially disqualifying criminal convictions. C. In an administrative hearing or agency appeal, a board shall carry the burden of
proof on the question of whether the exclusion from occupational or professional licensure
is based upon a potentially disqualifying criminal conviction. D. No later than October 31 of each year, while ensuring the confidentiality of individual
applicants, a board shall make available to the public an annual report for the prior
fiscal year containing the following information: (1) the number of applicants for licensure and, of that number, the number granted
a license; (2) the number of applicants for licensure or license renewal with a potential disqualifying
criminal conviction who received notice of potential disqualification; (3) the number of applicants for licensure or license renewal with a potential disqualifying
criminal conviction who provided a written justification with evidence of mitigation
or rehabilitation; and (4) the number of applicants for licensure or license renewal with a potential disqualifying
criminal conviction who were granted a license, denied a license for any reason or
denied a license because of the conviction. E. As used in this section, “ disqualifying criminal conviction ” means a conviction for a crime that is job-related for the position in question
and consistent with business necessity.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 61-1-36
What does New Mexico Statutes Annotated § 61-1-36 cover?
Section 61-1-36 ("Criminal convictions; exclusion from licensure; disclosure requirement") 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 § 61-1-36?
A common citation format is "New Mexico Statutes Annotated § 61-1-36" (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 § 61-1-36 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.