The Supreme Court of Justice of the Nation (SCJN) reiterated the invalidity of letters of no criminal record, both for candidates running for government, and likewise for the private sector; that is, for companies, this since it is a document that violates the right to equality and non-discrimination. Let's remember that last year the SCJN spoke in the same way on the letters of No criminal record and stated that it is an unconstitutional requirement.
This follows from a revision of the laws of Quintana Roo and Sonora. Therefore, for both cases, Minister Alberto Pérez Dayán mentioned:
“This measure is not adequate, since the required requirement is not directly and unfailable related to the necessary fulfillment of the constitutionally valid purpose, that is, the creation of a strict filter for access to public office under these conditions, in that sense, since there is no objective or justified basis for it and thus determining that a person without this type of conviction will carry out his activities with rectitude, probity and honorability, the contested measure, then, is invalid and unconstitutional”
However, the Senate has already approved amendments to the Federal Labor Act and the Federal Act on State Service Workers, to prohibit both companies and the government from requesting the letter of No criminal record during the employment selection procedure.
Finally, although this reform has already been submitted to the Chamber of Deputies, it has not yet been discussed in full and is pending approval by the Committee on Labor and Social Security.
Hoping that this information will be useful, we are at your disposal for any questions or clarifications in this regard.
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