Background checks - New Hampshire

Summary of differences between federal and state regulations

Arrest & conviction record inquiries

New Hampshire has no laws or regulations specifically prohibiting arrest or conviction record inquiries.

State

Contacts

Employer immunity from disclosure claims

New Hampshire Department of Labor

Arrest record inquiries

New Hampshire Commission for Human Rights

New Hampshire Department of Administrative Services

New Hampshire Department of Corrections

Conviction record inquiries

New Hampshire Commission for Human Rights

New Hampshire Department of Administrative Services

New Hampshire Department of Corrections

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

New Hampshire Revised Statute Title I, Section 21-I: 51, Applicant’s Criminal Record

New Hampshire Revised Statute Title LXII, Section 651:5, Annulment of Criminal Records

New Hampshire Code of Administrative Rules Hum 405.01, Harassment Based on Race or Nation Origin

New Hampshire Code of Administrative Rules Hum 405.03, Job Requirements

Conviction record inquiries

New Hampshire Revised Statute Title I, Section 21-I: 51, Applicant’s Criminal Record

New Hampshire Revised Statute Title LXII, Section 651:5, Annulment of Criminal Records

New Hampshire Code of Administrative Rules Hum 405.01, Harassment Based on Race or Nation Origin

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.