Essential Practices for Conducting Background Checks in Mexico

Potential candidates may be required to consent to background checks in Mexico, including requests about their criminal history, consumer credit, and motor vehicle records, as a condition of employment. If consent is not provided, an employer may legally refuse to hire a potentially qualified candidate. An employer must request the background check of an applicant prior to extending an offer of employment. The applicant must then decide if they will consent to undergo the background check process. Employers must be able to demonstrate proof of consent. In order to substantiate valid consent was obtained it must include specific language indicating that the candidate agrees to the background check.

There is no one specific law governing background screening in Mexico, however various pieces of legislation do cover parts of the screening process. These areas include the following:

Constitution of Mexico ,

Mexico Federal Freedom of Information Act (FOIA)

– Federal Law on the Protection of Personal Data in the Possession of Private Entities ,

– Federal Law of Transparency and Public Access to Government Information ,

– Transparency and Access to the Federal District Public Information Law

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