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New Hampshire background check laws for employers
New Hampshire has no ban-the-box law for private employers, but it controls how employers may word criminal history questions so that annulled records stay private. Its consumer reporting law limits most report items to 7 years unless the job pays $20,000 or more a year. There is no state limit on employer credit checks beyond federal law.
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Fair-chance hiring (criminal history)
- No New Hampshire statute limits when a private employer may ask about or check criminal history.
- On a job application, a person may be asked about criminal records only in words like 'Have you ever been arrested for or convicted of a crime that has not been annulled by a court?' (RSA 651:5, X(f)).
- A person whose record is annulled is treated in all respects as if never arrested, convicted, or sentenced (RSA 651:5, X(a)).
- The former state chapter on use of criminal records in employment decisions (RSA ch. 275-H) is now listed as repealed (RSA Title XXIII table of contents).
State consumer report rules
- A person may not get an investigative consumer report unless the consumer is told in writing within 3 days of the request that one may be made and of the right to ask for more details, except for jobs the person has not applied for (RSA 359-B:6, I).
- On written request, the person who ordered an investigative report must disclose its nature and scope in writing within 5 days (RSA 359-B:6, II).
- If a job is denied because of a consumer report, the employer must tell the applicant and give the name and address of the consumer reporting agency (RSA 359-B:15, I).
- A consumer reporting agency reporting public records for jobs must either notify the consumer at the time with the name and address of the employer, or keep strict procedures so the records are complete and up to date (RSA 359-B:13).
How far back a report can go
- A consumer reporting agency may not report arrests, indictments, or convictions more than 7 years old, counted from disposition, release, or parole (RSA 359-B:5, I(e)).
- The 7-year limit does not apply to a job paying, or expected to pay, $20,000 or more a year (RSA 359-B:5, II(c)).
- For cases ended on or after Jan. 1, 2019, arrest and court records are annulled automatically after a not-guilty finding, dismissal, or no prosecution (RSA 651:5, II-a(a)).
- Employers may ask only about arrests or convictions that have not been annulled (RSA 651:5, X(f)).
Credit checks
- No New Hampshire law found that limits employer use of credit reports beyond the federal FCRA (RSA ch. 359-B; RSA Title XXIII, Labor).
Also good to know
- Every person hired by a health or residential care facility licensed under RSA 151 for work with direct client contact must sign a release for a criminal record check, and the employer must review the results before the final job offer (RSA 151:2-d, II-III).
Common questions
Can New Hampshire employers run a background check?
New Hampshire has no ban-the-box law for private employers, but it controls how employers may word criminal history questions so that annulled records stay private. Its consumer reporting law limits most report items to 7 years unless the job pays $20,000 or more a year. There is no state limit on employer credit checks beyond federal law.
Does New Hampshire have a ban-the-box law for private employers?
No New Hampshire statute limits when a private employer may ask about or check criminal history.
How far back does a background check go in New Hampshire?
A consumer reporting agency may not report arrests, indictments, or convictions more than 7 years old, counted from disposition, release, or parole (RSA 359-B:5, I(e)).
Can New Hampshire employers run credit checks on applicants?
No New Hampshire law found that limits employer use of credit reports beyond the federal FCRA (RSA ch. 359-B; RSA Title XXIII, Labor).
Some rules for New Hampshire weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- RSA 359-B:5 obsolete information (official)
- RSA 359-B:4 permissible purposes (official)
- RSA 359-B:6 investigative consumer reports (official)
- RSA 359-B:13 public record information for employment (official)
- RSA 359-B:15 requirements on users (official)
- RSA ch. 359-B table of contents (official)
- RSA 651:5 annulment of criminal records (official)
- RSA Title XXIII (Labor) table of contents (official)
- RSA ch. 275-H table of contents, 'Chapter is repealed' (official)
- RSA ch. 275 table of contents (official)
- RSA 151:2-d criminal record check required (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.