New Mexico § 28-2-3 - Employment eligibility determination
Full text of New Mexico New Mexico Statutes Annotated § 28-2-3 — Employment eligibility determination, with citation guidance and answers to common questions.
§ 28-2-3. Employment eligibility determination
A. Subject to the provisions of Subsection B of this section and Sections 28-2-4 and 28-2-5 NMSA 1978 , in determining eligibility for employment with the state or any of its political
subdivisions or for a license, permit, certificate or other authority to engage in
any regulated trade, business or profession, the board or other department or agency
having jurisdiction may take into consideration a conviction, but the conviction shall
not operate as an automatic bar to obtaining public employment or license or other
authority to practice the trade, business or profession. A board, department or agency of the state or any of its political subdivisions
shall not make an inquiry regarding a conviction on an initial application for employment
and shall only take into consideration a conviction after the applicant has been selected
as a finalist for the position. B. The following criminal records shall not be used, distributed or disseminated in
connection with an application for any public employment, license or other authority: (1) records of arrest not followed by a valid conviction; (2) convictions that have been sealed, dismissed, expunged or pardoned; (3) juvenile adjudications; or (4) convictions for a crime that is not 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 § 28-2-3
What does New Mexico Statutes Annotated § 28-2-3 cover?
Section 28-2-3 ("Employment eligibility determination") 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?
A common citation format is "New Mexico Statutes Annotated § 28-2-3" (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 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.