New Hampshire Employment Background Screening Laws in 2025: A Practical Employer Guide
New Hampshire employers face evolving background screening obligations. Therefore, you must align hiring practices with state and federal rules.
This guide covers criminal background checks, ban-the-box policies, employment credit reports restrictions, and AI background checks. It also outlines lookback limits, adverse action steps, and job-related exceptions.
We cite official New Hampshire sources, including the New Hampshire General Court statutes and state agencies. For statutes, see the New Hampshire General Laws hosted by the legislature’s website. You can start with Consumer Credit Reporting New Hampshire General Laws (RSA 359-B). For criminal records, the New Hampshire Department of Justice Criminal Records Unit provides process details.
Criminal Background Checks: Lookback Periods and Use in Hiring
Seven-year lookback for non-convictions; convictions may be reported indefinitely
Under the federal Fair Credit Reporting Act (FCRA), consumer reporting agencies generally cannot report non-conviction records older than seven years. These include arrests, civil suits, and civil judgments. Conversely, convictions can be reported indefinitely, unless state law restricts or a court annuls the record.
New Hampshire mirrors federal policy through its Consumer Credit Reporting Act, RSA 359-B:5(e). Consequently, employers should avoid using non-conviction records older than seven years.
However, you may consider convictions without a fixed time limit, unless annulled under RSA 651:5 (Annulment of Criminal Records).
Annulled or expunged records
If a court annuls a criminal record under RSA 651:5, employers should not consider it. Additionally, New Hampshire’s annulment law provides a mechanism to treat the matter as if it never occurred, subject to statutory exceptions. Therefore, train recruiters to identify and disregard annulled records.
Role-based disqualifiers and safety-sensitive positions
Certain roles require stricter screening by law. For childcare, the New Hampshire Department of Health and Human Services (DHHS) mandates background checks for licensed programs. See DHHS Child Care Licensing. Disqualifying offenses typically include violent crimes, sexual offenses, and crimes against children.
For law enforcement, the New Hampshire Police Standards and Training Council sets suitability criteria. Review guidance at the Police Standards and Training Council. Employers in healthcare, education, and positions handling vulnerable populations should follow agency rules and federal mandates.
Practical tips for compliant use
- Apply consistent, job-related criteria tied to business necessity.
- Document individualized assessments for older convictions.
- Exclude sealed, annulled, or expunged cases from consideration.
- Provide FCRA pre-adverse and adverse action notices every time you rely on a report.
Ban-the-Box New Hampshire: Statewide and Local Rules
Statewide status
As of 2025, New Hampshire has not enacted a comprehensive statewide ban-the-box statute for private employers. Therefore, private employers may ask about criminal history after complying with FCRA and anti-discrimination laws. Nevertheless, many employers voluntarily delay criminal history inquiries until after a conditional offer to support fair chance hiring.
Public sector and local policies
Several public employers in New Hampshire delay criminal history questions until later stages of hiring. Policies may vary by agency or municipality. Because local rules can change, verify current requirements with the relevant human resources office. For statewide public records and hiring laws, consult the New Hampshire HB253 and the Department of Administrative Services.
Common ban-the-box features you may encounter
- Deferring criminal history questions until after an interview or conditional offer.
- Allowing individualized assessment to consider nature of the offense, time since, and job duties.
- Providing applicants a chance to explain records or correct inaccuracies.
Typical exceptions
Exceptions often apply to:
- Law enforcement, corrections, and public safety roles.
- Childcare, eldercare, and roles involving vulnerable populations.
- Positions requiring a fidelity bond or regulated by federal law.
Because municipalities may update their policies, check city or county government HR pages before posting jobs. When in doubt, delay criminal history questions until after a conditional offer.
Compliance Checklist for New Hampshire Employers
- Define job-related screening criteria and document necessity.
- Delay criminal inquiries until later stages when possible.
- Exclude non-conviction records older than seven years.
- Do not consider annulled records under RSA 651:5.
- Use credit reports only for financial or fiduciary roles.
- Obtain standalone consent for all background reports.
- Deliver pre-adverse and adverse action notices consistently.
- Audit vendors and AI tools for accuracy and bias.
- Train hiring teams on FCRA and New Hampshire requirements.
- Update policies annually and maintain secure data handling.
Restrictions on Employment Credit Reports
New Hampshire framework and FCRA
New Hampshire regulates consumer reports through RSA 359-B. It aligns with the federal FCRA for consent, accuracy, and adverse action processes. Therefore, employers must obtain written authorization before requesting a credit report and must issue required notices if they take adverse action.
When to use credit checks
Use employment credit reports only when job duties justify them. For example, roles in finance, accounting, cash management, or positions with budget authority often provide a legitimate business need. Additionally, apply the same policy consistently across similarly situated roles to mitigate discrimination risk.
Consent and adverse action notices
- Obtain a standalone, written authorization before ordering any report.
- Provide a pre-adverse action notice with a copy of the report and the CFPB Summary of Rights.
- Allow reasonable time for the applicant to dispute inaccuracies.
- Send a final adverse action notice with required disclosures.
Safeguards for sensitive identifiers
Protect Social Security numbers and credit data under applicable privacy and security laws. Consequently, restrict access to authorized staff, encrypt stored reports, and retain documents only as long as necessary under your retention policy.
New Hampshire Employment Screening
- SSN Trace, Names, Aliases & Address history
- Nationwide Criminal Database Search based on user input
- National Sex Offenders based on user input
- USA/SDN/OFAC Patriot Act databases based on user input
- Federal USDC Criminal Search based on user input
- (1) County Court Criminal Search based on user input
- 24 Hours turnaround or less
Case Law Snippets: Hiring and Firing Disputes Involving Background Checks
New Hampshire case law and federal cases applying here emphasize procedural accuracy, fair chance principles, and proper disclosure.
Annulment and the use of criminal records
RSA 651:5 cases stress that annulled records should not prejudice applicants. Employers who rely on annulled entries risk legal challenges. See the statutory framework: RSA 651:5. Courts recognize the rehabilitative purpose of annulment, which supports fair consideration of qualified applicants.
FCRA disclosure and authorization litigation
Federal courts repeatedly enforce the FCRA’s standalone disclosure requirement. Employers face claims when authorization forms contain extraneous language. For analysis relevant to New England employers, see commentary by respected employment firms like Littler Mendelson and free case repositories such as Justia. Outcome trends show courts ordering statutory damages and fees for willful violations.
Because many FCRA disputes settle or arise in federal court, consult counsel for updates and case-specific risk assessments in New Hampshire.
FAQs: New Hampshire Employment Background Checks (2025)
- What is the lookback limit for criminal background checks in New Hampshire?Under the FCRA and New Hampshire’s RSA 359-B, non-conviction records older than seven years generally cannot be reported by consumer reporting agencies. Convictions may be reported without a fixed time limit, unless annulled under RSA 651:5. Administered by: NH State Police Criminal Records Unit and federal CFPB for FCRA.
- Does New Hampshire have a statewide ban-the-box law?New Hampshire does not have a comprehensive statewide ban-the-box statute for private employers as of 2025. Public employers and municipalities may have policies delaying inquiries. Confirm with the NH Department of Labor or local HR offices. Administered by: NH Department of Labor and agency HR.
- Can employers use credit reports for hiring in New Hampshire?Yes, but only when job-related and with written consent. Follow RSA 359-B and the FCRA for authorization and adverse action notices. Protect SSNs and credit data. Administered by: NH Banking Department and CFPB.
- How do annulled records affect hiring decisions?Annulled records under RSA 651:5 should not be used against applicants. Train staff to recognize and disregard annulled entries. Administered by: New Hampshire Judicial Branch and NH DOJ for records dissemination.
- Are driving records accessible for employment screening?Driving record access is governed by the Driver Privacy Act, RSA 260:14. Employers must have a permitted purpose and applicant consent where required. Administered by: New Hampshire Division of Motor Vehicles.
Disclaimer: This article provides general information and is not legal advice. Consult qualified counsel for advice tailored to your organization.