Would Pending Criminal Charges Show on Background Checks?

Posted on by New Mexico Criminal Law Offices

Criminal Charges can Affect Your Employment in New Mexico – You need A Criminal Defense Attorney to Help You!

background checks In today’s struggling economy, it is hard for even the perfect citizen to find a job. If you have made your fair share of poor decisions in the past, you might feel as though the odds are stacked against you. You might wonder how much (if any) of your criminal history might show on an employee screening. While it is complicated to determine what will be shown, it is important to understand what does show up and what can be used to deny employment.

Understanding Criminal History

To determine what would show on a background check, you must first understand the basics of criminal records. Not all criminal records are public records. However, New Mexico is one of the few states to have no laws as to whether a private employer can ask or search for your past criminal acts. So, an employer can ask if you have been arrested or convicted, and they can deny you employment regardless of the outcome.

To fully understand how your criminal background screen might affect applying for jobs in New Mexico, consider the types of records out there and how they show on a screening (or if they show at all):

  • Criminal Convictions – A criminal conviction includes any jury or judge verdict, plea, or other form of judgment results in guilt. Convictions can include no-contest pleas, and you do not need an official charge or sentence for a conviction to appear on a background check. Convictions are typically the most common record pulled in an employment screening; they are easily found. Per New Mexico Statute Section 56-3-6, convictions can show for up to seven years from the date of your release or parole.
  • Arrest Records – Arrest and detention records are not necessarily public. A screening in New Mexico can show an arrest, but only if that arrest resulted in a conviction. If your arrest did not lead to a conviction, the record is no longer reportable.
  • Arrests With Pending Trial or Charges – Here is where the law gets tricky. An employer in New Mexico can ask if you have been arrested or if you have a pending trial. If the charges were not dismissed or if the verdict was not determined, your arrest may show on a criminal background check, depending on the company and how extensive the screening is.

Protect Your Reputation With a Record Expulsion

If you are awaiting trial or have been arrested, but not charged, you still need a criminal defense attorney to assist you. Contact the criminal defense advocates at New Mexico Criminal Law Offices. Our defense lawyer can help you with expulsions, sealing criminal records, or mounting a defense in your case. To explore your options, call us for a free case evaluation at 505-375-4671 or request your appointment online.