New Hampshire Background Check Laws
NH Employer Compliance Guide
Navigating New Hampshire's background check laws requires careful attention to state-specific regulations to ensure compliance.
Content updated
New Hampshire background check laws at a glance
- Does New Hampshire have a ban-the-box law?
- No statewide ban-the-box law. New Hampshire employers follow federal FCRA and EEOC guidance, plus any local ordinance.
- Can employers ask about salary history?
- No statewide salary history ban in New Hampshire. Local rules may still apply.
- How far back can a background check go?
- New Hampshire does not impose specific state-level reporting limitations on criminal records that are more restrictive than the federal FCRA. The federal FCRA generally restricts the reporting of non-conviction records (arrests not leading to conviction, civil suits, etc.) older than seven years, with no time limit on conviction records or jobs with salaries over a certain threshold (currently $75,000).
- Governing statutes
- RSA 651:5; RSA 354-A
Employers in New Hampshire must adhere to both federal and state laws when conducting background checks on prospective and current employees. While the federal Fair Credit Reporting Act (FCRA) sets a baseline for consumer report usage, New Hampshire has its own nuances that employers must understand to avoid legal pitfalls. Compliance is crucial not only for mitigating legal risks but also for fostering fair hiring practices. This guide provides a comprehensive overview of New Hampshire's specific requirements, focusing on areas where state law either supplements or differs from federal regulations. Employers should use this information to develop robust and compliant background screening policies.
Ban-the-Box Laws
New Hampshire does not have a statewide 'ban-the-box' law that restricts when employers can inquire about an applicant's criminal history. Employers are generally permitted to ask about criminal history at any stage of the hiring process, subject to federal anti-discrimination laws.
State FCRA Variations
New Hampshire law does not significantly vary from or add to the federal FCRA regarding the general process for obtaining and using consumer reports for employment purposes. Employers must still comply with all federal FCRA requirements, including obtaining proper consent and providing adverse action notices.
Reporting Limitations
New Hampshire does not impose specific state-level reporting limitations on criminal records that are more restrictive than the federal FCRA. The federal FCRA generally restricts the reporting of non-conviction records (arrests not leading to conviction, civil suits, etc.) older than seven years, with no time limit on conviction records or jobs with salaries over a certain threshold (currently $75,000).
Expungement & Record Sealing
New Hampshire law allows for the annulment (expungement) of certain criminal records. If a record has been annulled, it is generally treated as if it never occurred, and employers should not inquire about or consider such records. Employers should be aware that annulled records should not appear on a properly conducted background check. (See RSA 651:5).
Key Screening Rules
Obtain Written Consent
Adverse Action Process
Consider Job-Relatedness and Business Necessity
Respect Annulled Records
Frequently Asked Questions: New Hampshire
Does New Hampshire have a 'ban-the-box' law?
No, New Hampshire does not have a statewide 'ban-the-box' law. Employers are generally permitted to inquire about criminal history at any stage of the hiring process.
Can employers ask about salary history in New Hampshire?
Yes, New Hampshire law does not prohibit employers from asking about an applicant's salary history.
Are there any specific state laws in New Hampshire that limit the reporting of criminal records?
New Hampshire does not have state-specific reporting limitations on criminal records that are more restrictive than the federal FCRA. However, annulled records under RSA 651:5 should not be considered.
What are the requirements for using background checks under federal law in New Hampshire?
Employers in New Hampshire must comply with the federal Fair Credit Reporting Act (FCRA), which requires obtaining written consent, providing specific disclosures, and following adverse action procedures when using consumer reports for employment purposes.
How does New Hampshire handle expunged or sealed records?
New Hampshire law allows for the annulment of certain criminal records (RSA 651:5). Annulled records are treated as if they never occurred and should not be considered by employers.
Key Statutes
RSA 651:5
— Pertains to the annulment of criminal records in New Hampshire, making such records generally unavailable for employment consideration.
RSA 354-A
— New Hampshire Law Against Discrimination, prohibiting discrimination in employment based on protected characteristics.
Sources for this New Hampshire guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
New Hampshire primary authority
- RSA 651:5 — annulment of criminal records
New Hampshire General Court · content read via web retrieval 2026-10-08; not legal review
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This New Hampshire guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in New Hampshire before adopting or changing a screening policy.
States bordering New Hampshire
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare New Hampshire with its neighbors:
Screening services for New Hampshire employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in New Hampshire.
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