N.M. Code R. § 16.61.3.15 – Felony Criminal Convictions

A. Felony convictions for any of the following offenses, or their equivalents in any other jurisdiction, are disqualifying felony criminal convictions that may disqualify an applicant from receiving or retaining a license issued by the real estate commission. This includes a felony conviction of an offense which if committed in this state, would be deemed a felony under either state or federal law, without regard to its designation elsewhere. The term “conviction” shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendre in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon, or an appeal of the conviction has been sought. These felony convictions include:
1. (1) homicide, voluntary or involuntary manslaughter;
2. (2) trafficking in controlled substances, manufacturing of controlled substances or distribution of controlled substances;
3. (3) human trafficking, kidnapping, false imprisonment, aggravated assault or aggravated battery;
4. (4) rape, criminal sexual penetration, criminal sexual contact, incest, indecent exposure, or other related felony sexual offenses;
5. (5) crimes involving adult abuse, neglect, or financial exploitation;
6. (6) crimes involving child abuse or neglect;
7. (7) crimes involving robbery, larceny, extortion, burglary, possession of burglary tools, destruction of property, criminal damage to property, unlawful or dangerous uses of explosives, breaking and entering, arson, making a bomb scare, tampering with evidence or receiving stolen property; and,
8. (8) financial crimes involving fraud, forgery, embezzlement, and credit card fraud.
B. The real estate commission shall not consider the fact of a criminal conviction as part of an application for licensure unless the conviction in question is one of the disqualifying criminal convictions listed in Subsection A of this rule.
C. The real estate commission 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, and without a hearing as provided in the uniform licensing act.
D. Nothing in this rule prevents the real estate commission from denying an application or disciplining a licensee on the basis of an individual’s conduct to the extent that such conduct violated the real estate license law, regardless of whether the individual was convicted of a felony crime for such conduct or whether the felony crime for which the individual was convicted is listed as one of the disqualifying felony criminal convictions listed in Subsection A of this rule.
E. In connection with an application for licensure, the real estate commission shall not use, distribute, disseminate, or admit into evidence at an adjudicatory proceeding criminal records of any of the following:
1. (1) an arrest not followed by a valid conviction;
2. (2) a conviction that has been sealed, dismissed, expunged or pardoned;
3. (3) a juvenile adjudication; or
4. (4) a conviction for any crime other than the disqualifying felony criminal convictions listed in Subsection A of this rule.
  HISTORY OF 16.61.3 NMAC:
  Pre-NMAC History:
  The material in this part was derived from that previously filed with the state records center and archives under: Real Estate License Law Manual, filed 10/2/1973;
  REC-9, filed as Rule No. 9 Amendment No. 2 Broker Examinations; Time for Filing; Place of, filed 6/15/1979;
  REC 80-2, filed as Rule No. 9 Amendment No. 3, Broker Examinations; Time for Filing, Place of, filed 7/17/1980; REC 70-7, Broker Examinations - Time for Filing - Place of, filed 10/6/1981;
  REC 71-7, Broker Examinations - Time for Filing - Place of, filed 11/29/1982;
  Rule No. 2, Examinations-Requirements/Application for, filed 12/18/1987;
  NMREC Rule No. 2 Examination-Requirements/Application for, filed 10/3/1994.
  History of Repealed Material:
  16 NMAC 61.3, Broker's License: Examination and Application Requirements (filed 6/25/1997) repealed 1/1/2000.
  16 NMAC 61.3, Broker's License: Examination and Licensing Requirements (filed 12/10/1999) repealed 1/1/2002.
  16.61.3 NMAC, Broker's License: Examination and Licensing Application Requirements (filed 11/30/2001) repealed 1/1/2006.
  16.61.3 NMAC, Real Estate Broker's License: Examination and Licensing Application Requirements (filed 11/16/2005) repealed 12/31/2008.
  16.61.3 NMAC, Real Estate Broker's License: Examination and Licensing Application Requirements (filed 11/17/2008) repealed 1/1/2012.
  16.61.3 NMAC, Real Estate Broker's License: Examination and Licensing Application Requirements (filed 11/21/2011) repealed 1/15/2018.
  Other History:
  That applicable portion of NMREC Rule No. 2 Examination-Requirements/Application for (filed 10/3/1994) was renumbered, reformatted, and replaced by 16 NMAC 61.3, Broker's License: Examination and Application Requirements, effective 8/15/1997.
  16 NMAC 61.3, Broker's License: Examination and Application Requirements (filed 6/25/1997) was replaced by 16.61.3 NMAC, Broker's License: Examination and Licensing Application Requirements, effective 1/1/2000.
  16 NMAC 61.3, Broker's License: Examination and Licensing Application Requirements (filed 12/10/1999) was replaced by 16.61.3 NMAC, Broker's License: Examination and Licensing Application Requirements, effective 1/1/2002.
  16.61.3 NMAC, Broker's License: Examination and Licensing Application Requirements (filed 11/30/2001) was replaced by 16.61.3 NMAC, Real Estate Broker’s License: Examination and Licensing Application Requirements, effective 1/1/2006.
  16.61.3 NMAC, Real Estate Broker’s License: Examination and Licensing Application Requirements (filed 11/16/2005) replaced by 16.61.3 NMAC, Real Estate Broker’s License: Examination and Licensing Application Requirements, effective 12/31/2008.
  16.61.3 NMAC, Real Estate Broker’s License: Examination and Licensing Application Requirements (filed 11/17/2008) replaced by 16.61.3 NMAC, Real Estate Broker’s License: Examination and Licensing Application Requirements, effective 1/1/2012.
  16.61.3 NMAC, Real Estate Broker's License: Examination and Licensing Application Requirements (filed 11/21/2011) repealed 1/15/2018.

[16.61.3.15 NMAC - N, 2/25/2022]