New Mexico Consent to Credit History Background and Reference Check

State:
Multi-State
Control #:
US-853LT
Format:
Word; 
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Description

This is a consent form to be signed by Tenant or Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


A criminal history background information check is the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information generally does not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

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FAQ

Complete processing of the FBI Criminal history background check should take no longer than 2 weeks. If the agency you were fingerprinted for does not receive the background check within this timeframe, they should call the New Mexico Department of Public Safety at 505-827-3406 or email nmaps.dps@state.nm.us.

Or are credit history background checks a separate tool? There is a simple answer to these questions: a criminal background check will never include any information about a person's credit history.

Again, a credit check likely won't affect your chances of getting a job unless you're pursuing a financial or management position or may be privy to sensitive information. If you plan to work with a company's finances, the hiring managers want to make sure you handle money responsibly.

The Fair Credit Reporting Act (FCRA) has clear guidelines for conducting credit history checks and how far back screening can go. In most cases, screening can go back a maximum of seven years, but there are some exceptions to that rule. For example, previous bankruptcies can be reported up to 10 years back.

Every employer in New Mexico is still encouraged to run criminal background checks on potential employees, contractors and volunteers. The bill specifies that a criminal history can be sufficient cause to deny employment.

The short answer is no, your credit score doesn't usually show up on a standard background check though sometimes landlords may submit a request for a credit score separately. (You'll have to give your written permission for them to do so.)

In addition to the basics (name, address, previous addresses, and social security number), a credit check also includes information such as outstanding debtsmortgages, medical debt, or student loans, for example. The report also includes bankruptcies, credit limits, tax liens, and more.

New Mexico State laws on Employment Background Checks § 56-3-6, credit bureaus may only report criminal convictions for seven years from the date of conviction or release from parole. Arrests and pending cases can only be reported while they are pending. If they do not result in a conviction, they cannot be reported.

Thus, the FCRA is not limited to credit reportingit extends to criminal and civil records, civil lawsuits, reference checks and other information obtained by a consumer reporting agency. The FCRA allows job applicants to sue employers who fail to comply with any requirement imposed by the law.

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New Mexico Consent to Credit History Background and Reference Check