New Mexico
New Mexico
Final grade: B-
Exclusion Grade
A-
Relevance Grade
B+
Due Process Grade
F
Strengths
- Bans agencies from relying on arrests and expunged records.
- Prohibits boards from using vague standards like “good character” and “moral turpitude” to disqualify applicants.
Areas of Improvement
- Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.
Updated May 2021
A 2021 reform finally repealed a statute that had allowed boards to disqualify based on crimes of moral turpitude. Unfortunately, the state still has one of the nation’s worst Due Process scores.
Exclusion
Overarching ban on blanket bans | Yes |
Ban on considering arrest records | Yes |
Ban on considering post-conviction relief records | Yes, expunged records |
Time limit | No limit |
Ban on vague, discretionary character standards | Yes |
Relevance
Relationship between the crime and the license sought | "Directly relates" |
Required factors for consideration | |
Rehabilitation | Yes |
Time elapsed since crime was committed | No |
Age when crime was committed | No |
Employment History | No |
Testimonials | No |
Due Process
Petition Process | No |
Burden of Proof | Both unspecified |
Right to appeal | No |
Written notice requirement | Yes |