N.M. Admin. Code § 16.48.9.14

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.48.9.14 - CRIMINAL CONVICTIONS

A. Convictions for any of the following offenses, or their equivalents in any other jurisdiction, are disqualifying criminal convictions that may disqualify an individual from receiving or retaining a license or registration issued by the department, for:

(1) private investigations company, and private patrol company, includes individuals or all owners, officers or directors or members of the entity: a felony offense including an offense involving dishonesty or involving an intentional violent act or illegal use or possession of a deadly weapon;

(2) private investigator, and private investigations manager: a felony offense including an offense involving dishonesty or an intentional violent act or illegal use or possession of a deadly weapon;

(3) polygraph examiner: a felony involving an intentional violent act or the illegal use or possession of a deadly weapon;

(4) private patrol operator or private patrol operations manager: a felony offense including an offense involving dishonesty or intentional violent act or illegal use or possession of a deadly weapon;

(5) private investigations employee: a felony involving an intentional violent act or illegal use or possession of a deadly weapon; and

(6) security guard level one, level two, and level three: a felony offense, including an offense involving dishonesty or involving an intentional violent act or illegal use or possession of a deadly weapon.

B. The department shall not deny, suspend or revoke a license on the sole basis of a criminal conviction unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this rule.

C. Nothing in this rule prevents the department from denying an application or disciplining a licensee on the basis of an individual's conduct to the extent that such conduct violates the Private Investigations Act, regardless of whether the individual was convicted of a crime for such conduct or whether the crime for which the individual was convicted is listed as one of the disqualifying criminal convictions listed in Subsection A of this rule.

D. In connection with an application for licensure, the department shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:

(1) an arrest not followed by a valid conviction;

(2) a conviction that has been sealed, dismissed, expunged or pardoned;

(3) a juvenile adjudication; or

(4) a conviction for any crime other than the disqualifying criminal convictions listed in Subsection A of this rule.

N.M. Admin. Code § 16.48.9.14

Adopted by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 12/28/2021