Senator Clint Harden

or Immediate Release Saturday, February 13, 2010-Senator C. Harden 505-986-4369

Removing Employment Barriers for
People with Convictions
A Fair Shake After They Paid their Dues

Santa Fe—The New Mexico State Senate passed a bill to help qualified job applicants in the public sector who have a criminal conviction on their record to not be discounted immediately by the conviction by not having to reveal it immediately.

SB-254 removes from the New Mexico State Personnel Office application a question that asks “Have you ever been convicted of a felony.”

The sponsor of the bill, Senator Clint Harden said the bill does not prevent employers from asking about conviction status, nor does this bill prevent criminal background checks. “By delaying the inquiry on conviction history until the interview process, previously incarcerated persons will be on a level playing field with other candidates with similar qualifications,” Senator Harden said.

SB-253 amends the New Mexico Criminal Offender Employment Act and proposes that public employers delay asking about a criminal conviction until the applicant gets the chance for a face-to-face interview. “They are just hoping for a fair shake after they have paid their dues to society,” Senator Harden said.

According to the NM Criminal Offender Employment Act, employers can deny anyone a position based on "moral turpitude" - which could include everything from drug dealing, to sex offenses, to other violent crimes.

The New Mexico Criminal Offender Employment Act is very clear about preventing people with child abuse or child-related sex offenses from working in any public childcare facility. The Act also has a special exemption for law enforcement agencies.
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“Finding a job is one of the biggest barriers for people with criminal convictions,” Senator Harden said. “People with felony convictions are twice as likely to be denied employment as those with no felony record. The question on job applications often intimidates and discourages previously incarcerated persons from applying for jobs, even if they are qualified for the position.”

Senator Harden said many employers use the criminal conviction question on job applications to immediately disqualify a person with a conviction, even if the applicant is qualified.

The bill passed the Senate passed SB 254 35 to 4. It now goes to the House for consideration.