Background Check Information Could be Changed by New Mexico Bill

A proposed bill in New Mexico stands to change the rules for background checks. Click here to learn more.

In the State of New Mexico, legislators have proposed House Bill 103, which would remove personal identifiers, such as Social Security numbers and dates of birth, from public records.

While the bill is said to aim at protecting identity theft, it also could have an affect on companies that perform background checks. If the state gets rid of these records, background check companies may have a harder time assuring employers they're getting all the information they want about potential employees.

Since the bill has not yet been passed, the National Association of Professional Background Screeners plans to do its part to educate state lawmakers. The NAPBS has been successful in persuading public officials in other similar incidents.

Traditionally, the Fair Credit Reporting Act dictates what information can and cannot be included in a background check.

Items that can be included in a background check are:
driving records
bankruptcy
property ownership
past employers
vehicle registration
education records
character references
military records
personal references
credit cards
court records
neighbor interviews
state licensing records
incarceration records
criminal records
workers' compensation
medical records
drug test records
sex offender lists

Some information that cannot be reported under the FCRA includes:
bankruptcies after 10 years
civil suits, civil judgments and records of arrest after seven years
paid tax liens after seven years
accounts placed for collection after seven years
other negative information, except criminal convictions, after seven years