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I NEED TO KNOW WHAT IS REQUIRED IN ALBUQUERQUE COUNTY ON A…

Customer Question
HI, I NEED...

HI, I NEED TO KNOW WHAT IS REQUIRED IN ALBUQUERQUE COUNTY ON A BACKGROUND CHECK.... I AM LOOKING FOR WORK IN NEW MEXICO AND UNFORTUNATELY GOT A DUI IN AUGUST....... IS IT REQUIRED TO REPORT A DUI THAT GETS REDUCED TO RECKLESS DRIVING THROUGH A PLEA BARGAIN?????? I AM SET UP FOR INTERVIEWS FOR HARD TO FILL POSITIONS ( I AM A MEDICAL PROFESSIONAL).. MY ATTORNEY AND I NEED TO KNOW IF I SHOULD "PLEA BARGAIN" TO GET THE CASE DISMISSED.. THANK YOU FOR YOUR HELP....

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

HI...... THIS IS BERNALLIO COUNTY IN NEW MEXICO(ALBUQUERQUE)..

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

THE EMPLOYMENT WOULD BE FULL TIME IN LAS CRUCES AND THEY USE A BACKGROUND CHECK CALLED "CERTIPHI".. I WAS TOLD BY THIS REPORTING AGENCY THAT WHAT THEY REPORT DEPENDS ON THE COUNTY AND STATE.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I THINK THATS IT....

Submitted: 6 months ago.Category: Employment Law
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Answered in 1 minute by:
1/5/2018
Employment Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,628
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 6 months ago

The extent of a background check is based on the employer's requirements; there is no standard requirement that an employer must follow.

Generally they will run a credit check and will check for any criminal violations; there are limitations on how they can use arrests without convictions; please see:

https://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm

New Mexico Human Rights Commission's has determined that arrests alone must be used with caution (ie in a nondiscriminatory manner)

Generally a plea bargain is an effective way to minimize the charges; Ideally a reckless is better than a DUI;

Deferred sentencing is often an option for first offenders; essentially the defendant would have a probationary period (often with community service) and if satisfactorily completed the charges will be dropped.

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Employment Lawyer: legalgems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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