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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.
You must apply to the Mexican authorities, the Fiscalia General de la RepAºblica (FGR). The office processing your application will send you a letter with instructions on how to get a police certificate. When you receive the instruction letter, email the visa office in Mexico City to request an official letter.
Depending on nature and scope of the background check your potential employer has requested, an average employment background check will typically take between two and four business days to complete.
Permission must be obtained from Mexican nationals before data can be searched in Mexico. Mexican law, unlike U.S. law, also provides for tacit consent. If a Mexican citizen receives a copy of a privacy notice and does not object to processing, the background check may proceed.
It's because there are such a wide range of checks employers can run on job candidates, that completing a full pre-employment background check has many variables. Generally speaking, however, a typical screening for employers on candidates could take anywhere between 48 hours and five business days.
There is no express impediment or restriction for employers to request a criminal record certificate or carry out background checks (i.e. credit) under Mexican legislation.
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.
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.
The New Mexico Department of Public Safety maintains criminal records. To obtain a record, you must submit a signed and notarized authorization form along with a $15 check to the Department of Public Safety. You can find the necessary forms by clicking the link above.
Even though state laws allow employers to run an employee background check, it does not give them permission to do so without the employee's consent. Employers must notify job applicants in writing that a background check will be run.