Mexico City’s proposed Automatic Sealing of Criminal Records (SAAP) Law aims to limit the use of criminal records in hiring and administrative procedures for individuals who have completed sentences and remained non-recidivist. The measure seeks to reduce barriers to formal employment, lower recidivism, and improve workforce integration, affecting employers across private and public sectors.
Mexico City lawmakers are considering a bill that would restrict the use of criminal records in employment and administrative processes for individuals who have completed their sentences. The Automatic Sealing of Criminal Records (SAAP) Law, introduced by PVEM Legislator Rebeca Peralta, seeks to reduce recidivism and facilitate labor reintegration for eligible individuals. Authorities would retain full access to criminal records for security and judicial purposes.
“Today, criminal records have become a barrier that prevents access to formal employment and basic opportunities. Nine out of 10 people who leave prison do not find formal work because of their criminal history. That does not strengthen security; it weakens it and becomes a breeding ground for recidivism,” said Peralta while presenting the initiative.
Scope and Operation of SAAP
The proposal would apply only to individuals who have completed their sentences and have not reoffended during a set period. For nonserious and low-impact offenses, criminal records could be restricted from administrative and hiring processes after four years without recidivism. For nonviolent offenses deemed more severe, the period would extend to eight years.
The bill explicitly excludes serious crimes, including sexual offenses, crimes against children, femicide, kidnapping, organized crime, and violent acts. In these cases, records would remain fully accessible for law enforcement and judicial authorities. The initiative does not eliminate criminal records from databases but regulates their use in nonjudicial contexts.
Peralta frames the law as a public security measure, emphasizing that reintegration and access to formal work are central to reducing repeat offenses. “No lasting security is possible without reintegration, and the Mexican justice system cannot continue to permanently punish people who have already served their sentence and have demonstrated, through their actions, that they do not reoffend,” she says.
Internationally, similar models are used in the United States, Canada, and the United Kingdom, where mechanisms to seal or suspend criminal records have been associated with lower recidivism and improved social integration. Peralta highlights that Mexico lacks a comparable legal framework, giving Mexico City the opportunity to become the first jurisdiction in the country to implement such a mechanism.
Labor Market Barriers and Informal Screening
The initiative responds to persistent challenges in the labor market. Individuals who have completed their sentences often face structural obstacles when applying for formal employment due to mandatory background checks. Some sectors rely on informal and largely unregulated systems, such as the Buró Laboral, which compiles employment histories, including past disputes and performance evaluations, often without candidates’ consent.
Legal experts note that these practices may violate Mexican labor and data protection laws, including Article 133 of the Federal Labor Law, which prohibits blacklisting workers, and the Federal Law on Protection of Personal Data, which requires consent for sharing personal information. Yet enforcement is limited, leaving many job seekers unaware that their histories influence hiring decisions.
Peralta argues that restricting the use of criminal records for nonserious offenses would reduce barriers to formal employment, lowering the risk of recidivism and supporting economic inclusion. By establishing structured eligibility criteria and waiting periods, the SAAP would align hiring practices with public security goals without undermining investigative or judicial access to records.
The initiative also addresses broader workforce vulnerabilities. Nearly 30% of women in Mexico work in precarious jobs, often informal, without social security coverage or stable wages. Female agricultural and domestic workers, in particular, face systemic barriers that limit access to formal labor protections, leaving them at economic and social risk. Experts have highlighted that integrating gender-focused policies, labor reforms, and digital tools is essential to ensuring equitable workforce participation.
Policy Implications and Future Outlook
If enacted, the SAAP would require companies in Mexico City to adjust recruitment practices, ensuring sealed criminal records are not used in hiring decisions for eligible individuals. Businesses in regulated sectors would need to balance compliance obligations with the new restrictions. Human resources policies may need revision to align with legal standards while maintaining risk management frameworks.
The proposal positions reintegration as part of a broader security strategy rather than a social assistance measure. Supporters argue that providing access to formal employment reduces incentives for repeat offenses, strengthens social cohesion, and enhances long-term security outcomes. Critics may question risk assessment in hiring and the balance between second-chance policies and due diligence requirements.
The legislative debate in Mexico City will determine the scope, implementation timeline, and enforcement mechanisms for the SAAP. Lawmakers and companies alike are monitoring the discussion, which could set a precedent for other states considering reforms linking criminal justice, labor policy, and public security.
By limiting barriers to formal employment, the initiative aims to integrate reintegration into public policy, emphasizing that labor market access is a key factor in reducing recidivism. Combined with ongoing labor reforms, gender-focused protections, and technological tools addressing workplace and digital abuse, the SAAP represents an effort to modernize social and employment policy while balancing security and inclusion in Mexico City.