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A 2021 reform finally repealed a statute that had allowed boards to disqualify based on crimes of moral turpitude.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