There is one question that determines whether you get hired. Not the application. Not the background check. Not what the charge was or how long you were inside.
The question is this: why you, over the thirty other people I could hire who don't have a criminal record?
If you walk in without a ready answer, you will not get the job. The interviewer can see the pause the moment you don't have something prepared, and once they see it, the room shifts against you. What you need is an answer practiced enough to say with confidence and humility at the same time.
The answer that works is this:
Everybody deserves a second chance. Somebody is going to give me one. And they are going to get the best employee they ever had, because I am never, ever going to do something that sends me back to prison.
Say it clean. Say it without flinching. It makes no excuses, asks for no sympathy, and tells the employer the one thing they actually need to know: you have more reason to perform than anyone else in that stack.
Then live it. The light is on you from the first day. Use it. Work twice as hard as the person next to you. Show up earlier, stay later, and make that scrutiny your shining light, not a shadow. The person standing next to you does not have anyone watching them that closely. You do. That is the advantage if you decide to use it.
What the Law in New Mexico Says About Your Record
New Mexico is one of fifteen states that has extended ban the box protections to private employers. The Criminal Offender Employment Act (COEA), signed by Governor Michelle Lujan Grisham on April 3, 2019 and effective that same year, applies to private employers with four or more employees -- one of the lowest size thresholds of any state in the country.
Under the COEA, covered employers cannot inquire about an applicant's criminal history on an initial employment application. In practice, employers are expected to wait until after conducting an interview before raising criminal history. The Act also contains a critically important additional protection: employers cannot ask about or consider criminal records that have been sealed, dismissed, expunged, or pardoned. This means a successfully expunged record cannot be used against you in New Mexico even if an employer learns of it somehow.
Exceptions apply for safety-sensitive positions where criminal history screening is required by law. The COEA does not apply to law enforcement, early childhood education, public education, child protective services, or caregiver positions covered by the Caregivers Criminal History Screening Act -- though those agencies may still adopt similar policies.
New Mexico's 2021 licensing reform law (SB 2) further strengthened protections by preventing licensing agencies from considering non-conviction records, records that have been sealed, expunged, dismissed, or pardoned, juvenile records, or convictions that are not recent enough and sufficiently job-related to predict performance in the position.
New Mexico also has one of the most comprehensive expungement systems in the country. Enacted effective January 1, 2020, the Criminal Records Expungement Act makes a wide range of conviction types eligible for expungement after waiting periods, including first and second degree felonies. Cannabis convictions that would not be crimes under current law or would result in lesser offenses are automatically expunged two years after conviction or arrest. Once expunged, the record is removed from public view and most background checks, and the person may answer "no" when asked whether the record exists.
Federal FCRA protections apply statewide. Non-conviction records older than seven years cannot appear on consumer reporting agency background checks.
Building the Answer Before You Need It
New Mexico's COEA gets you through the application stage before your record can come up. Your answer determines what happens when it does.
New Mexico Corrections Department (NMCD) provides vocational training and educational programming inside facilities. NM Workforce Connection centers are embedded in the NMCD reentry system, connecting individuals to job placement, training, and certificate programs including CDL, trades, and healthcare before and after release. Reentry navigators coordinate case management and community connections.
New Mexico has significant tribal communities, and NMCD's reentry support includes dedicated tribal and rural reentry initiatives recognizing the distinct challenges faced by returning citizens in rural and reservation communities.
Start with what you did inside. Any NMCD vocational training, educational program, work assignment, or certification is content that goes into your answer. Then connect it to what this specific employer needs.
New Mexico's economy runs on oil and gas, government and federal agencies, healthcare, tourism, construction, agriculture, and a growing technology sector. Albuquerque, Santa Fe, Las Cruces, and Roswell are the primary labor markets. Whatever you are applying for, make the answer specific to what that employer needs.
Practice it out loud. Until the hesitation is completely gone. The law gives you the application stage and the interview. Your answer earns the offer.
Companies in New Mexico That Hire People with Criminal Records
New Mexico's economy, anchored by Albuquerque and with significant federal employment around Kirtland Air Force Base, Sandia National Laboratories, and Los Alamos National Laboratory, creates demand across sectors.
Amazon, Walmart, Home Depot, and major food service operators have New Mexico operations and national fair chance commitments. Healthcare systems including Presbyterian Health Care, Lovelace Health System, and CHRISTUS St. Vincent hire in support and entry-level roles. Oil and gas operations in the southeast (Permian Basin and San Juan Basin) hire in production, operations, and field service roles. Construction contractors across New Mexico face persistent labor shortages. Tourism and hospitality operations in Santa Fe, Taos, and Albuquerque create seasonal and year-round demand.
Federal contractors operating around Kirtland AFB, Sandia National Laboratories, and Los Alamos must comply with the federal Fair Chance to Compete for Jobs Act for most positions, delaying criminal history inquiry until after a conditional offer.
NM Workforce Connection centers can connect returning citizens directly to employer networks and training programs statewide.
Staffing agencies across Albuquerque, Santa Fe, and Las Cruces are the most accessible first step, placing workers in construction, healthcare support, and energy sector roles with more flexibility than direct hire.
For the full national list of companies with public fair chance commitments, see the InmateAid Fair Chance Employer Reference List.
The Tax Credit Employers Get for Hiring You
Here is the closing argument for every conversation with an employer on the fence.
There is a federal program called the Work Opportunity Tax Credit, or WOTC. When an employer hires someone from a qualifying group, including individuals recently released from prison, the employer may receive a significant federal tax credit per qualifying hire. That is not charity. It is a business incentive the federal government created specifically to make hiring returning citizens financially advantageous.
You are not asking anyone to take a risk on you. You are telling them your hire comes with a tax benefit attached that none of the other thirty applicants can offer. Say it at the end of the interview, after you have made your case: I qualify for the Work Opportunity Tax Credit. Hiring me may put money back in your business. And I will give you the best work you have ever gotten from a new hire, because I have too much to lose to give you anything less.
NM Workforce Connection centers, operated through the New Mexico Department of Workforce Solutions, coordinate WOTC certification and Federal Bonding access for employers statewide.
Where to Get Help in New Mexico
NM Workforce Connection centers, operated through the New Mexico Department of Workforce Solutions (dws.state.nm.us), provide job search assistance, training referrals, WOTC coordination, and Federal Bonding access statewide. These centers provide direct employment connections and certificate programs in CDL, trades, and healthcare specifically for returning citizens.
New Mexico Corrections Department (NMCD) provides vocational training, educational programming, and reentry navigation inside facilities. Reentry navigators coordinate employment, housing, and community connections. Contact through corrections.nm.gov.
NM Expungement Unit (NM Department of Public Safety, Law Enforcement Records Bureau) processes expungement petitions and seals eligible records from civil background checks, including employer screenings. Contact through dps.nm.gov.
New Mexico Legal Aid (nmlegalaid.org) provides free legal assistance to low-income New Mexicans, including expungement petition guidance. The NMCD expungement forms and guidance are also available through the NM Courts system at nmcourts.gov.
New Mexico Human Rights Bureau enforces the state's fair employment laws, including the Criminal Offender Employment Act.
The Federal Bonding Program, coordinated through NM Workforce Connection, provides free fidelity bonding to employers who hire returning citizens.
Frequently asked questions
Can employers in New Mexico ask about my criminal record?
Under New Mexico's Criminal Offender Employment Act (COEA, 2019), private employers with four or more employees cannot ask about criminal history on an initial employment application. In practice, employers must wait until after an interview. Employers also cannot ask about or consider records that have been sealed, dismissed, expunged, or pardoned regardless of when in the process. Exceptions apply for safety-sensitive positions required by law. Federal FCRA protections apply to all third-party background checks. Non-conviction records older than seven years cannot appear on consumer reporting agency background checks.
What is New Mexico's Criminal Offender Employment Act?
It is New Mexico's ban the box law, signed in 2019 and effective that year. It applies to private employers with four or more employees -- one of the lowest thresholds of any state ban the box law. It prohibits asking about criminal history on initial employment applications, and also prohibits asking about or considering records that have been sealed, dismissed, expunged, or pardoned. New Mexico is one of fifteen states that has extended this protection to private employers. Exceptions apply for law enforcement, early childhood education, public education, child protective services, and certain caregiver roles.
What jobs can I not get with a felony in New Mexico?
Law enforcement, early childhood education, public education, child protective services, and caregiver positions in licensed healthcare settings have specific statutory background check requirements. The 2021 licensing reform (SB 2) prevents licensing agencies from considering non-conviction records, sealed or expunged records, juvenile records, or convictions not recent enough and job-related enough to predict performance. For most private sector oil and gas support, construction, healthcare support, tourism, and retail employment, the COEA means employers cannot raise your record until after an interview. A successful expungement can remove barriers in many licensed fields as well.
How do I explain my record in a job interview?
Do not pause. Come in with the answer ready: everybody deserves a second chance, somebody is going to give me one, and they are going to get the best employee they ever had because you are never going back. New Mexico law gives you the application stage and typically the interview before your record comes up. Connect your NMCD programming, training, or any work completed inside directly to what this employer needs. Then close by mentioning that your hire qualifies for the Work Opportunity Tax Credit. End strong. And check your expungement eligibility -- New Mexico's system covers a wide range of convictions and sealing your record removes it from employer background checks entirely.
What is the Work Opportunity Tax Credit?
The Work Opportunity Tax Credit, or WOTC, is a federal tax credit available to employers who hire workers from qualifying groups, including people recently released from prison. The credit can be significant per qualifying hire based on wages and hours worked in the first year. It is administered through the IRS and the Department of Labor. NM Workforce Connection centers coordinate certification for employers statewide. It is a real financial incentive, and you should mention it at the end of every interview.
Do employers get a tax credit for hiring ex-felons?
Yes. Under the Work Opportunity Tax Credit, employers who hire qualifying returning citizens may receive a meaningful federal tax credit. Bring this up at the end of your interview as a closing argument. Your hire comes with a tax benefit the other applicants cannot offer. Ask your NM Workforce Connection counselor for documentation you can share with a prospective employer so they can apply for the credit.
What NM programs help people with records find work?
NM Workforce Connection centers statewide offer job placement, training referrals, certificate programs in CDL and trades, WOTC coordination, and Federal Bonding access. NMCD provides vocational training and reentry navigation inside facilities and coordinates with community partners post-release. NM Expungement Unit (dps.nm.gov) processes expungement petitions. New Mexico Legal Aid (nmlegalaid.org) provides free expungement guidance. The Federal Bonding Program is available through NM Workforce Connection.
Can I get my record expunged in New Mexico?
New Mexico's Criminal Records Expungement Act (effective January 1, 2020) covers a wide range of conviction types including first and second degree felonies, after waiting periods that vary by offense level. Non-convictions (acquittals, dismissals, no-charges) can generally be expunged immediately or with short waiting periods. Cannabis convictions that would not be crimes under current law are automatically expunged two years after conviction or arrest. Once expunged, the record is removed from most background checks and you may answer "no" when asked whether the record exists, with limited exceptions. DUI convictions cannot be expunged. Contact New Mexico Legal Aid (nmlegalaid.org) for eligibility guidance. The NM Courts (nmcourts.gov) provide forms and instructions.
What companies in New Mexico hire people with felonies?
Amazon, Walmart, Home Depot, and major food service operators have NM operations and national fair chance commitments. Presbyterian Health Care, Lovelace Health System, and CHRISTUS St. Vincent hire in healthcare support. Oil and gas operations in the southeast hire in production and field service. Federal contractors at Kirtland AFB, Sandia National Labs, and Los Alamos must delay criminal history inquiry until after a conditional offer for most positions. Construction contractors statewide face labor shortages. NM Workforce Connection can connect you with employer networks. Staffing agencies across Albuquerque and Las Cruces are the most accessible first step. For the full national list, see the InmateAid Fair Chance Employer Reference List.
How do I get hired if I have a long gap in my work history?
Name what you did inside and present it as work with context. NMCD vocational training, educational programming, work assignments, and certifications inside are all content. New Mexico's expungement system covers a wide range of convictions -- if yours qualifies, sealing your record removes it from most employer background checks. Non-conviction records older than seven years do not appear on consumer reporting agency background checks at all. NM Workforce Connection provides direct employment placement support post-release. Staffing agencies are the fastest path back into regular employment. Build ninety days of solid performance anywhere and that recent record becomes what employers see instead of the gap. ---