N.M. Stat. » N.M. Stat. / Chapter 28 / Article 2
New Mexico Statutes

N.M. Stat. § 28-2-2 (2026)

Purpose of act.

✓ current as of May 2026
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The legislature finds that the public is best protected when criminal offenders or ex-
convicts are given the opportunity to secure employment or to engage in a lawful trade,
occupation or profession and that barriers to such employment should be removed to
make rehabilitation feasible.

History: 1953 Comp., § 41-24-2, enacted by Laws 1974, ch. 78, § 2.

                                     ANNOTATIONS

Law reviews. — For note, "Negligent Hiring and Retention - Availability of Action
Limited By Foreseeability Requirement," see 10 N.M.L. Rev. 491 (1980).
Notes of Decisions
Cited in 10 cases, 1983–2015 · leading case: United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (N.M. 2010).
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United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (N.M. 2010). · cites it 16× “Both statutes were recodified in 1978 as NMSA 1978, Sections 56-7-1 and 56-7-2, respectively, and have been amended from time to time since their original enactment.”
State v. Druktenis, 86 P.3d 1050 (N.M. Ct. App. 2004). · cites it 2× “The legislature finds that the public is best protected when criminal offenders or ex-convicts are given the opportunity to secure employment or to engage in a lawful trade, occupation or profession and that barriers to such employment should be removed to make rehabilitation…”
Garcia v. State Bd. of Educ., 694 P.2d 1371 (N.M. Ct. App. 1984). · cites it 8× “Completion of probation or parole supervision, or of a period of three years after final discharge or release from any term of imprisonment without any subsequent conviction, shall create a presumption of sufficient rehabilitation for purposes of Paragraph (2) of Subsection A of…”
Piña Ex Rel. Est. of Piña v. Gruy Petroleum Mgmt. Co., 136 P.3d 1029 (N.M. Ct. App. 2006). · cites it 2× “In its original form, Section 56-7-2 [then codified as NMSA 1953, § 28-2-2] provided as follows: A.”
New Mexico Bd. of Pharmacy v. Reece, 670 P.2d 950 (N.M. 1983). · cites it 4× “The purpose of the Act, Section 28-2-2, provides: The legislature finds that the public is best protected when criminal offenders or ex-convicts are given the opportunity to secure employment or to engage in a lawful trade, occupation or profession and that barriers to such…”
Sais v. NM Dep't. of Corrs., 2012 NMSC 9 (N.M. 2012). · cites it 2× “” Section 28-2-2. Section 28-2-4 governs when a public employee may have such employment revoked for criminal activity, and only discusses certain circumstances involving convictions, not arrests.”
In Re Termination of Kibbe, 996 P.2d 419 (N.M. 1999). · cites it 2× “See NMSA 1978, §§ 28-2-2 (1974) (stating that barriers to public employment for criminal offenders "should be removed to make rehabilitation feasible"), -4(A)(2).”
Kibbe v. Elida Sch. Dist., 2000 NMSC 006 (N.M. 1999). · cites it 2× “See NMSA 1978, §§ 28-2-2 (1974) (stating that barriers to public employment for criminal offenders “should be removed to make rehabilitation feasible”), -4(A)(2).”
Sais v. New Mexico Dept. of Corr., 275 P.3d 104 (N.M. 2012). · cites it 2× “" Section 28-2-2. Section 28-2-4 governs when a public employee may have such employment revoked for criminal activity, and only discusses certain circumstances involving convictions, not arrests.”
Herndon v. Best Buy Co., 634 F. App'x 645 (10th Cir. 2015). “N.M. Stat. Ann. § 28-2-2 . Nevertheless, we can’t agree with Hern-don’s suggestion that this statement ex *648 presses a clear public policy mandate supporting his retaliatory discharge claim against Best Buy, a private employer.”
— N.M. Stat. § 28-2-2(A) — 1 case
United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (N.M. 2010). “Both statutes were recodified in 1978 as NMSA 1978, Sections 56-7-1 and 56-7-2, respectively, and have been amended from time to time since their original enactment.”
— N.M. Stat. § 28-2-2(B) — 1 case
United Rentals Nw., Inc. v. Yearout Mech., Inc., 237 P.3d 728 (N.M. 2010). “Both statutes were recodified in 1978 as NMSA 1978, Sections 56-7-1 and 56-7-2, respectively, and have been amended from time to time since their original enactment.”
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