Do You Have to Disclose a Sealed or Expunged Record to Employers?
If you’ve ever been arrested or convicted of a crime, you know how stressful it can be—especially when applying for jobs. But if your record has been sealed or expunged in New Mexico, do you still have to tell potential employers about it?
The short answer is: usually not. New Mexico law gives strong protections to people with sealed or expunged records. However, there are some exceptions you should know about. This blog will explain the difference between sealing and expungement, when you may need to disclose a past record, and what to do if an employer finds out about it.
What’s the Difference Between Sealing and Expungement?
Although the terms are often used together, sealing and expungement are not the same thing.
Sealing a record means that the public can no longer see it. This includes employers, landlords, and most background check companies. However, the record still exists and can be accessed by law enforcement and certain government agencies. In New Mexico, juvenile records are often sealed automatically after two years. Adults may also be able to have records sealed in certain situations, but it usually requires a court petition.
Expungement
Expungement, on the other hand, goes further. It means the record is legally erased or destroyed, making it virtually invisible to background check companies. Once a record is expunged, it’s as if the offense never happened. In New Mexico, many non-violent crimes—including certain cannabis offenses—may qualify for expungement under the Criminal Record Expungement Act (CREA), which went into effect in 2020.
How a Sealed or Expunged Record Appears on Background Checks
In most cases, a sealed or expunged record will not show up on a standard employment background check. That’s the whole purpose of the process—to remove the record from public view.
However, there are a few things to keep in mind:
- Third-party background checks sometimes rely on outdated or incomplete databases. If the sealing or expungement is recent, the record might still appear temporarily.
- Government background checks, especially those done for high-security or regulated jobs, may still uncover sealed or expunged records.
- Clerical errors in court records or with background check companies may cause expunged records to appear by mistake.
If a sealed or expunged record shows up, you have the right to dispute it. You can provide a copy of the court order and ask the background check company to correct the error.
Do You Have to Tell an Employer About a Sealed or Expunged Record?
In most cases, no — you do not have to disclose a sealed or expunged record to a potential or current employer in New Mexico.
Thanks to the state’s “ban-the-box” law, employers in New Mexico are not allowed to ask about criminal history on job applications. They may ask later in the hiring process, but even then, you’re not required to reveal a record that has been sealed or expunged.
In fact, under the CREA, you can legally answer “no” if an employer asks whether you’ve ever been arrested or convicted—if that record has been sealed or expunged. The law treats these records as though they never happened.
Are There Any Exceptions?
While most jobs cannot ask about or consider sealed or expunged records, there are a few exceptions—especially when federal or licensing rules apply.
You may still need to disclose past records for the following types of jobs:
- Law enforcement or corrections
- Positions requiring federal security clearance
- Jobs involving vulnerable populations, like schools, daycare centers, or nursing homes
- Licensed professions, such as lawyers, doctors, nurses, or teachers (where licensing boards may have access to sealed records)
- Financial services jobs, especially those regulated by federal agencies like the SEC, FINRA, or FDIC
In these cases, it’s a good idea to speak with an attorney before applying, to understand what you must legally disclose and what protections still apply.
What If an Employer Finds Out About a Sealed or Expunged Record?
Sometimes, an employer might find out about your record anyway—especially if they use outdated or inaccurate background check services. If that happens, stay calm and know your rights.
In New Mexico, it is illegal for employers to take negative action (like refusing to hire you or firing you) based on a sealed or expunged record. If an employer does this, they may be violating your rights under state law.
You have a few options if this happens:
- Explain that the record has been legally sealed or expunged.
- Provide court documents that prove it.
- Speak with a criminal defense attorney about filing a complaint.
Tips for Job-Seekers and Employers
For job-seekers:
- Keep a copy of your sealing or expungement order.
- Be honest—but only when required. You’re not lying if you say “no” to a question about a conviction that’s been expunged.
- If you’re not sure whether your record qualifies, talk to an attorney who can help.
For employers:
- Make sure your hiring practices follow New Mexico’s ban-the-box and CREA laws.
- Don’t ask about sealed or expunged records.
- Train your HR staff to understand the legal limits of background checks.
Questions about Your Record? Contact Harrison & Hart Today
In most cases, you do not have to tell an employer about a sealed or expunged record in New Mexico. Thanks to recent laws, many people now have the chance to move forward without being haunted by past mistakes. But if you’re applying for a job in a highly regulated field, or if an employer mishandles your background information, it’s a good idea to get legal advice.
If you have questions about your rights or want help sealing or expunging your record, Harrison & Hart, LLC is here to help. Contact us today or call 505-295-3261 for a confidential consultation.