New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 9 - POLICE OFFICER › Section 10.29.9.13 - FINGERPRINT CLEARANCE FOR ADMISSION/CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Due to the fact that the New Mexico law enforcement academy
				  is not recognized by federal regulations as a duly authorized law enforcement
				  agency and therefore cannot be issued an originating agency identification
				  (ORI) to send or receive fingerprint clearances through the federal bureau of
				  investigation, the previous procedures established by the law enforcement
				  academy are repealed and are replaced by the following procedures:
A. All New Mexico police officer applicants
				for certification must receive a fingerprint clearance from the department of
				public safety technical and emergency support division and the federal bureau
				of investigation. No officer applying for police officer certification is
				allowed to receive an original appointment on a permanent basis in New Mexico
				if the officer has been convicted of or pled guilty to or entered a plea of
				nolo contendere to any felony charge or, within the three-year period
				immediately preceding their application, to any violation of any federal or
				state law or local ordinance relating to aggravated assault, theft, driving
				while intoxicated, controlled substances or other crime involving moral
				turpitude and have not been released or discharged under dishonorable
				conditions from any of the armed forces of the United States, Section
				29-7-6
				NMSA 1978, (Repl. Pamp. 1994).
B.
				One set (two cards) of police officer applicant fingerprint cards will be
				thoroughly completed by the hiring police agency and forwarded to the
				department of public safety technical and emergency support division. The
				department of public safety technical and emergency support division will use
				one fingerprint card for a records check with their agency and will forward the
				card back to the hiring agency and will forward the second completed card to
				the federal bureau of investigation identification section for a records check.
				The department of public safety technical and emergency support division will
				not log in the fingerprint cards received from the various law enforcement
				agencies and will not accept inquiries on the status of the fingerprint
				clearance either for department of public safety technical and emergency
				support division or the federal bureau of investigation. Department of public
				safety technical and emergency support division will forward applicant
				fingerprint requests to the federal bureau of investigation within three days
				upon receipt of the cards. Incomplete fingerprint cards or cards not properly
				completed will be returned by the department of public safety technical and
				emergency support division to the requesting agency.
C. All fingerprint clearances will be
				forwarded from department of public safety technical and emergency support
				division and the federal bureau of investigation back to the initiating agency.
				If the "ORI" label on the fingerprint card is different than that of the hiring
				agency, the hiring agency requesting the clearance must print their agency's
				address below the address located on the fingerprint card.
D. Upon receipt of clearance from both the
				department of public safety technical and emergency support division and the
				federal bureau of investigation, "no record", the hiring agency will be
				required to complete NMLEA Form #A-9, certified by the department head's
				signature, and forward this form to the New Mexico law enforcement academy
				stating that the officer is in compliance with Section
				29-7-6
				NMSA 1978, (Repl. Pamp. 1994).
E.
				Upon receipt of information from the department of public safety technical and
				emergency support division and the federal bureau of investigation that the
				applicant for certification has a criminal conviction for a felony crime or
				crime involving moral turpitude it will be the agency's responsibility to
				terminate the officer. If there is not adequate information, i.e., no
				disposition, listed on the "rap sheet" it is the agency's responsibility to
				determine the disposition of the case prior to requesting certification of the
				officer and certifying that the officer has no record of arrest under the
				provisions of the Law Enforcement Training Act. In situations in which the
				agency is unable to determine the disposition of an arrest/conviction, the
				agency should consult the attorney general's office for assistance. For
				guidance in determining whether misdemeanor convictions are crimes specifically
				involving moral turpitude, departments should request the assistance of the
				attorney general's office.
F. No
				police officer may be certified through the New Mexico law enforcement academy
				who has been convicted of or pled guilty to or entered a plea of nolo
				contendere to any felony charge or, within the three-year period immediately
				preceding their application, to any violation of any federal or state law or
				local ordinance relating to aggravated assault, theft, driving while
				intoxicated, controlled substances or other crime involving moral turpitude and
				have not been released or discharged under dishonorable conditions from any of
				the armed forces of the United States, Section
				29-7-6
				NMSA 1978, (Repl. Pamp. 1994). Any department head certifying that an officer
				has "no arrest" for the above and information to the contrary is received by
				the New Mexico law enforcement academy or the attorney general's office,
				decertification procedures will be immediately initiated and the law
				enforcement agency chief/sheriff or department head notified as well as the
				attorney general's office and the New Mexico law enforcement academy
				board.