2026 Employer Compliance Guide
New Hampshire Background Check Laws for Employers
New Hampshire background check laws blend the federal FCRA with state rules on credit reporting, annulled records and job applications.
This guide explains each statute in plain language.
In addition, it names the agency behind every rule, so you know where to look.
Quick Reference
New Hampshire Background Check Laws at a Glance
New Hampshire has no single background check code.
Instead, several statutes each control one part of the process.
The table below maps each law to the agency or body that administers it.
Use it as a quick reference before you order a report.
| Statute or Rule | What It Controls | Who Administers It |
|---|---|---|
| Fair Credit Reporting Act 15 U.S.C. § 1681 | Disclosure, authorization and adverse action for every employment report | Federal Trade Commission and Consumer Financial Protection Bureau |
| RSA 359-B Consumer Credit Reporting | State FCRA equivalent, including the 7-year obsolete-information rule | State courts, through private actions under RSA 359-B:16 and 359-B:17 |
| RSA 275:37-c Repealed July 1, 2025 | Former ban-the-box rule for state agency job applications, no longer in force | No agency, because lawmakers repealed it (2025, 141:342) |
| RSA 651:5 Annulment of Criminal Records | Annulled records and the lawful wording of criminal history questions | New Hampshire courts and State Police Criminal Records Unit |
| RSA 106-B:14 Release of Criminal Records | Conviction-only state record checks for employment | Division of State Police, Criminal Records Unit |
| RSA 260:14 Motor Vehicle Records | Employer access to driving records with written consent | Department of Safety, Division of Motor Vehicles |
Report Contents
What Shows Up on a New Hampshire Background Check?
A New Hampshire employment background check usually combines several searches.
The exact contents depend on the package you order and the salary of the job.
Commonly Reported
- Felony and misdemeanor convictions from Superior and Circuit Courts
- Pending cases and open warrants
- Federal cases from the U.S. District Court
- Driving history, license status and violations
- Past employment and education, when verified
Limited or Excluded
- Annulled arrests and convictions, under RSA 651:5
- Records older than 7 years for jobs under $20,000
- Non-convictions older than 7 years under the FCRA
- Non-conviction data on a State Police public check
- Driving records without written consent
Turnaround varies by source.
For example, a State Police request can take several days by mail.
By contrast, our real-time statewide search returns results inside your account.
Federal & State Framework
How the FCRA and RSA 359-B Work Together
Every employer that uses a screening company must follow the federal Fair Credit Reporting Act.
New Hampshire then adds its own layer.
That layer is RSA 359-B, the Consumer Credit Reporting Act.
Lawmakers adopted it in 1971, and it mirrors much of the federal law.
For example, RSA 359-B:15 requires a user who denies employment because of a report to tell the applicant.
The user must also name the reporting agency.
Meanwhile, RSA 359-B:13 requires the agency to keep public record data complete and current.
Consequently, BCS Background Screening LLC reports the current status of every arrest, conviction and judgment.
The Four FCRA Steps for New Hampshire Employers
Disclose
Give a clear, standalone written disclosure that you will obtain a consumer report.
Authorize
Get the applicant’s written permission before you order any report.
Pre-Adverse Notice
Send a copy of the report and the federal Summary of Rights before you decide.
Adverse Action
After a waiting period, send the final notice with the agency’s contact details.
The FTC explains each step in its guide, Using Consumer Reports: What Employers Need to Know.
Also, keep signed forms on file for your records.
Lookback Time Limits
How Far Back Can a New Hampshire Background Check Go?
New Hampshire sets a stricter reporting limit than federal law.
Under RSA 359-B:5, an agency cannot report records of arrest, indictment or conviction older than 7 years.
Notably, the clock starts from the date of disposition, release or parole.
So a long prison term delays the start of the 7-year window.
In practice, most full-time New Hampshire jobs pay more than $20,000.
Therefore, full conviction history is usually reportable for those roles.
Part-time and seasonal roles, however, often fall under the threshold.
For those jobs, BCS Background Screening LLC applies the 7-year limit to every adverse record.
Federal law adds a separate rule.
The FCRA, 15 U.S.C. § 1681c, bars non-conviction records older than 7 years unless the salary reaches $75,000.
Ban the Box
Ban the Box in New Hampshire: RSA 275:37-c Repealed
New Hampshire passed a ban-the-box law in 2020 through House Bill 253.
It took effect on September 22, 2020, as RSA 275:37-c.
The law barred state agencies from asking about criminal history on a job application.
It also barred a record check before the initial interview.
However, lawmakers repealed the statute effective July 1, 2025 (2025, 141:342).
The same act also repealed RSA chapter 275-H, the companion application rule with its $2,500 penalty.
As a result, New Hampshire has no ban-the-box law in force today.
Counties, municipalities and private employers were never covered.
Therefore, state law does not restrict when you ask about criminal history.
Still, word every question as RSA 651:5 requires.
Annulled Records
Annulled Criminal Records Under RSA 651:5
New Hampshire uses the term “annulment” rather than expungement.
Under RSA 651:5, the court treats an annulled record as if the arrest and conviction never happened.
Consequently, an applicant may lawfully deny an annulled record.
The court seals the file, and the State Police remove it from the state repository.
Waiting periods depend on the offense.
For instance, violations wait 1 year, Class A misdemeanors 3 years and Class A felonies 10 years.
Since January 1, 2019, the law has also annulled most dismissals and not-guilty findings automatically.
The State Police annulment page explains the process.
State Repository
New Hampshire State Police Criminal Record Checks
The Division of State Police runs the state’s central repository through its Criminal Records Unit.
RSA 106-B:14 makes those conviction records the official source for employment and licensing checks.
For employment purposes, the unit releases conviction data only.
Arrests without a conviction do not appear on a public state check.
According to the State Police request page, a standard check costs $25.
Qualifying volunteers pay $10, and a combined state and FBI check costs $48.25.
The State Police FAQ notes that online requests usually return within 1 business day.
Mailed requests take 3 to 5 days after receipt.
Faster Option: Real-Time NH Statewide Search
Want results inside your screening workflow instead?
Order our real-time New Hampshire statewide criminal search with the rest of your package.
Our researchers verify every hit before it reaches your report.
Driving, Credit & Drug Rules
Driving Records, Credit Checks and Drug Testing
Motor Vehicle Records Under RSA 260:14
The New Hampshire Driver Privacy Act, RSA 260:14, controls who can see motor vehicle records.
Employers of drivers may obtain them for hiring or ongoing screening.
First, though, you need the driver’s written consent.
The law also requires you to keep that consent for three years.
Misuse carries real risk.
Knowingly using a record for an unauthorized purpose is a misdemeanor, and selling records is a Class B felony.
The NH Division of Motor Vehicles administers the records.
Alternatively, order a motor vehicle record search through your BCS account.
Employment Credit Checks
New Hampshire has no statute banning employer credit checks.
Even so, both the FCRA and RSA 359-B govern every credit report you order.
In short, get written authorization and follow the adverse action steps.
Also, remember the 7-year limit on collections and judgments for jobs under $20,000.
Drug Testing and Marijuana
New Hampshire has no comprehensive private-sector drug testing statute.
Recreational marijuana also remains illegal in the state as of 2026.
In March 2026, the Senate tabled legalization bill HB 186, as Forbes reported.
Therefore, watch for new employee protections if lawmakers revive it.
Meanwhile, RSA 126-X:3, III(c) covers therapeutic cannabis.
It requires no accommodation of therapeutic cannabis on your premises.
It also preserves discipline for workplace use or impairment.
However, the statute does not address off-duty use.
The New Hampshire Supreme Court addressed that gap in Paine v. Ride-Away (2022).
It allows a disability accommodation claim under RSA 354-A for off-duty therapeutic use.
Therefore, consider an accommodation analysis before you act on off-duty therapeutic use.
Social Media Passwords
New Hampshire also has a social media password law, RSA 275:74.
Therefore, do not ask applicants for their personal account passwords.
Industry Statutes
Industry-Specific Background Check Laws in New Hampshire
Several New Hampshire industries must run checks by law.
The State Police laws and rules list names each mandated group.
Schools
RSA 189:13-a requires fingerprint checks for school employees and designated volunteers.
The Department of Education oversees compliance.
Child Care
RSA 170-E:7 requires registry and criminal checks for child care staff.
DHHS Child Care Licensing administers it.
Healthcare
RSA 326-B:15 covers nursing licensees, and RSA 151-A:6-a covers nursing home administrators.
Licensing boards review each record.
Financial Services
RSA 399-G:5 covers money transmitters, while RSA 397-A covers mortgage bankers and brokers.
The Banking Department enforces both.
Municipal & County
RSA 41:9-b lets towns check municipal employees.
Similarly, RSA 28:10-c covers county employees.
Driver Education
RSA 263:44-b requires checks for driver education instructors.
The Division of Motor Vehicles licenses them.
Our Services
Employment Background Checks for New Hampshire Employers
BCS Background Screening LLC builds compliant New Hampshire screening packages.
Each search runs through our FCRA workflow with researcher review.
NH Statewide Criminal Search
Real-time New Hampshire statewide search with verified results.
County Criminal Court Search
Direct searches of Superior and Circuit Court records.
Federal Criminal Search
Cases filed in the U.S. District Court for New Hampshire.
Motor Vehicle Records
Driving history with consent that meets RSA 260:14.
Nationwide Criminal Database
A multi-state locator search, verified at the source court.
SSN Trace & Address History
Finds past names and counties to guide your criminal searches.
Checklist
New Hampshire Employer Compliance Checklist
- Use a standalone FCRA disclosure and get signed authorization first.
- Word criminal history questions exactly as RSA 651:5 X(f) allows.
- Note that New Hampshire has had no ban-the-box law since July 1, 2025.
- Confirm the salary before relying on records older than 7 years.
- Get written consent and keep it 3 years before pulling a driving record.
- Assess each record for relevance, age and job duties, per EEOC guidance.
- Send pre-adverse and adverse action notices with the agency’s contact details.
- Check industry statutes for fingerprint or registry mandates.
FAQs
New Hampshire Background Check Laws: Employer FAQs
Does New Hampshire have a ban-the-box law for private employers?
No.
New Hampshire has no ban-the-box law in force.
RSA 275:37-c once barred state agencies from asking about criminal history on job applications.
However, lawmakers repealed it effective July 1, 2025.
Counties, municipalities and private employers were never covered.
How far back can a background check go in New Hampshire?
RSA 359-B:5, the state’s credit reporting act, bars criminal records older than 7 years from disposition, release or parole.
However, that limit lifts for jobs paying $20,000 or more a year.
Private plaintiffs enforce RSA 359-B in state court.
What is New Hampshire’s version of the FCRA?
RSA 359-B, the Consumer Credit Reporting Act, is the state equivalent.
It sets permissible purposes, obsolete-information limits and adverse action duties.
Consumers enforce it through civil lawsuits under RSA 359-B:16 and 359-B:17.
The federal FCRA still applies alongside it.
Can an applicant deny an annulled conviction?
Yes.
Under RSA 651:5 X(a), the law treats an annulled record as if it never happened.
Paragraph X(f) lets employers ask only about crimes “that have not been annulled by a court.”
The courts grant annulments, and the State Police Criminal Records Unit removes the record.
What does a New Hampshire State Police record check show?
For employment, it shows New Hampshire convictions only, as RSA 106-B:14 directs.
The Criminal Records Unit charges $25 per standard request.
Arrests without a conviction do not appear on this check.
Can New Hampshire employers check a driving record?
Yes, with the driver’s written consent under RSA 260:14, the Driver Privacy Act.
You must keep that consent for three years.
The Department of Safety’s Division of Motor Vehicles administers these records.
Are employer credit checks restricted in New Hampshire?
No state law bans them.
Still, RSA 359-B and the FCRA require authorization, accuracy and adverse action notices.
Also, collections and judgments older than 7 years drop off reports for jobs under $20,000.
Can New Hampshire employers test for marijuana?
Yes.
Recreational marijuana remains illegal in New Hampshire, and no general statute limits private drug testing.
The Senate tabled legalization bill HB 186 in March 2026.
So watch the General Court for new employee protections.
Get Started
Screen New Hampshire Applicants With Confidence
BCS Background Screening LLC keeps your New Hampshire hiring compliant from disclosure to decision.
Every account also offers optional Multiple Authentication Factor (MAF) security.
Our quality review team works 24/7/365
Disclaimer: This page offers general information, not legal advice. Laws change, so please consult New Hampshire employment counsel before you act. Last reviewed October 2026.