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A 2021 reform finally repealed a statute that had allowed boards to disqualify based on crimes of moral turpitude.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.

Statute: N.M. Stat. Ann.§§ 28-2-1 to 28-2-6 (1974)

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