New Mexico State Employer’s Guide to Background Checks

• August 12, 2023
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Ah, the Land of Enchantment – New Mexico. This vibrant state has just about anything an employer or volunteer recruiter could want to not only survive but thrive.  With its rich history, diverse cultural makeup, and burgeoning industries, NM has emerged as a top destination for businesses. Boasting an impressive location for industries such as gas, oil, and tourism, New Mexico was ranked the 18th best state to conduct business, according to Zen Business Consultants. 

While that’s all well and good – what’s the single-most important thing NM employers can do to take advantage of the rich resources this state offers?  In a nutshell – vet applicants well and hire smartly.  That’s where PreSearch comes in. We provide uncompromising pre-screening services so you can secure the most qualified, trustworthy employees and volunteers for your organization.  So, if you want to keep your operations running smoothly and hire the cream of the crop, please read further about how getting a background check in New Mexico with PreSearch is the best step toward your business success.

How PreSearch Can Help With Background Check Services in New Mexico State

PreSearch delivers comprehensive background check services in New Mexico. With a fusion of cutting-edge technology and a seasoned team, we ensure employers hire confidently. Each industry has its nuances, and PreSearch’s bespoke solutions cater to these, whether you’re in hospitality, tech, or retail. 

Moreover, we are experts at navigating the maze of New Mexico background check laws as well as federal hiring laws. We simplify this for you, ensuring you’re always compliant and informed, allowing you to concentrate on your core business operations. To obtain the comprehensive, accurate, and compliant background check NM requires – PreSearch Services for background checks is the only way to go.

What is a Background Check?

A background check is a 360-degree review of an individual’s history, encompassing commercial, criminal, financial, and sometimes personal records. For employers, it’s a tool that reveals a candidate’s history, ensuring they are who they claim to be and ensuring the safety of the workplace.

Importance of New Mexico State Background Checks

In New Mexico, background checks aren’t just a formality; they are integral to fostering workplace safety and credibility. They offer a clear view of a candidate’s past, ensuring their claims are genuine, reducing fraud or malicious activity risks, and cultivating a trustworthy work environment.

New Mexico Background Check Laws

Conducting a New Mexico background check requires adherence to both federal and state laws. To avoid legal conflicts and ensure adherence to these regulations, employers must clearly understand the specific requirements and intricacies associated with each set of rules.

Federal Laws on Employment Background Checks

It’s crucial to remember that, similar to state regulations, employers in New Mexico must also follow federal laws when performing background checks. Before starting a background check in New Mexico, it’s essential to understand the important federal laws that apply. These federal laws need to be followed alongside the specific state rules.

Civil Rights Act, Title VII

Like other states, New Mexico employers must adhere to the 1964 Civil Rights Act’s Title VII, ensuring no discrimination against employees based on race, color, religion, sex, or national origin during background checks.

When pulling consumer reports, the Fair Credit Reporting Act (FCRA) Employers in New Mexico must get the candidate’s written consent. If an employer considers taking adverse action due to the report’s contents, they must follow the adverse action process, giving the candidate an opportunity to correct any inaccuracies.

New Mexico State Employment Background Check Laws

When conducting a background check in New Mexico on prospective employees, employers are required to abide by unique state laws and regulations. As such, it’s necessary for every employer to familiarize themselves with the following pre-screening procedures, regulations, and laws specific to the state of New Mexico:

Criminal Convictions For Seven Years

In New Mexico, employers can only access criminal convictions of an applicant from the past seven years.

Ban-the-Box Law

New Mexico enforces the Ban-the-Box law. This means employers are prohibited from asking about any criminal history until after a conditional job offer. Moreover, private employers are also encouraged to follow this practice, promoting fair hiring practices.

Social Media Access

Employers cannot request usernames or passwords for an applicant’s personal social media accounts.

Credit Reports for Employment

Employers can only request credit reports if they are relevant to the position or mandated by law.  Additionally, employers must get written permission from applicants should a credit check be necessary for the pre-hire process.  Credit reporting agencies must remain in compliance with FCRA regulations.

Non-compliance with New Mexico’s background check laws can lead to hefty fines and legal challenges.

Types of Background Checks in New Mexico

Employers in NM have different options when they run a background check in New Mexico. Knowing the different types of pre-screening reports is the first step to making sure your hiring process follows the rules and works smoothly.

Criminal Background Checks

A New Mexico criminal background check provides details of an applicant’s criminal history in New Mexico, from misdemeanors to felonies.

Employment Background Checks

These checks validate a candidate’s employment history, ensuring their work claims align with factual data.

How to Get a Background Check in New Mexico

For accurate, comprehensive, and swift background checks in New Mexico, partnering with PreSearch is the optimal choice. While you can request state-based criminal checks, nothing beats the thoroughness of PreSearch’s background check and screenings for trusted employees. We streamline the process, ensuring you have the insights needed to make the best hiring decisions.

Moreover, going DIY for background checks could open you up to liability if you do not follow federal or New Mexico background check laws.  Then there is the time consideration. It takes a tremendous amount of research and human resource hours to sort through all the details and double-check all of an applicant’s details.  Allow us to make life easy for you.  Contact us today so we can start simplifying and streamlining your pre-screening process.

How Long Does a New Mexico Background Check Take?

The time taken for a background check in New Mexico can vary based on the depth of information required. For quick and fast background checks, consider using PreSearch. Our reports are thorough, encompassing all necessary details, and are delivered promptly. Often, we can provide results within a day or two, and in some cases, even on the same day.

Recognizing the importance of time in recruitment, conducting these checks independently can be both time-consuming and costly. Initially, procuring state and federal government criminal background checks can be a drawn-out process. Additionally, your HR team would need significant time to gather all relevant details for each check, potentially extending the process to several days or even weeks, thereby delaying your recruitment timeline.

Why not delegate this task to PreSearch? With us, you’ll obtain the required information more efficiently than managing it independently. Entrust your background check needs in New Mexico to PreSearch, ensuring timely recruitment and well-informed hiring decisions.

How Far Back Do Background Checks Go in New Mexico State?

In New Mexico, background checks typically span seven years, in line with the FCRA guidelines. However, for roles demanding heightened security or trust, the checks might probe deeper into a person’s past.

What Shows Up on a New Mexico Background Check?

Utilizing PreSearch for a background check in New Mexico offers a comprehensive overview based on your specific needs. Our service enables you to access records of criminal activities in New Mexico, other U.S. states, or even international jurisdictions. Additionally, we delve into essential areas like the sex offender registry, driving records, and educational backgrounds.

A standard New Mexico background check through PreSearch provides insights into an individual’s legal history, encompassing both minor and major infractions. This covers the nature of any offenses, the dates they occurred, and the court outcomes. For a more thorough evaluation, we can incorporate a financial history review, highlighting instances of financial discrepancies or challenges, such as outstanding debts or credit card misuse. Such comprehensive data is vital for making informed decisions during the hiring process.

New Mexico Nursing Background Checks

In New Mexico, the rigorous background checks for nursing professionals reflect the state’s commitment to patient safety and care quality. These checks go beyond standard pre-employment screenings, encompassing national and county criminal checks, identity verification, searches in the national sex offender registry, healthcare sanctions monitoring, lab-based drug screenings, and nursing license verification. This comprehensive approach ensures that nurses, as frontline caregivers, not only meet the highest standards of professionalism and integrity but also are well-positioned to uphold the immense trust placed in them by patients and their families.

How Much Does a Background Check Cost in New Mexico?

The cost fluctuates based on the check’s depth. If you go the DIY route and request a criminal report from the New Mexico Department of Public Safety, you can expect to pay $15 per report. While this might sound cheap – you’ve got to remember that you’re only getting a fraction of the information you need to make an informed decision about hiring a candidate. NM criminal reports will not dive into work history, education history, or criminal activity (if any) in other states or countries.  For a detailed breakdown and best value, consult PreSearch, your trusted partner in comprehensive background checks.

In conclusion, hiring in New Mexico is about ensuring workplace safety, trust, and authenticity. PreSearch equips employers with the right tools to make informed decisions, ensuring that New Mexico’s workforce remains strong, trusted, and reliable.