New Hampshire Background Check Laws (2026 Guide)

New Hampshire background check rules combine federal FCRA requirements with state statutes including RSA 359-B:5, which limits consumer reporting agencies to seven years of criminal history for most positions. The state has no current Ban the Box law; employers may inquire about criminal history at any stage of hiring.

New Hampshire has a patchwork of state statutes and federal requirements that govern how background checks are conducted for employment, housing, and professional licensing. Unlike some states that have enacted sweeping reform legislation, New Hampshire addresses background screening through individual statutes tailored to specific contexts and industries.

Whether you are an employer running a pre-employment check, a landlord screening tenants, or a professional applying for licensure, the rules depend on which law applies to your situation. This guide covers every major category of background check law in New Hampshire, including recent legislative changes through 2026.

How Criminal Background Checks Work in New Hampshire

The New Hampshire State Police Criminal Records Unit, housed within the Department of Safety, serves as the central repository for criminal history record information (CHRI) in the state. The unit maintains records of arrests, convictions, and dispositions reported by law enforcement agencies and courts throughout New Hampshire.

Who Can Request a Criminal Record Check

Under RSA 106-B:14, criminal conviction records maintained in the central repository are considered public records. Any person or entity may request and obtain a copy of a criminal record. However, there are important distinctions in what information is released depending on the purpose of the request.

For criminal justice purposes, both conviction and non-conviction data (such as arrests that did not result in a conviction) are provided. For non-criminal justice purposes, including employment screening, housing applications, and licensing checks, only conviction-level CHRI is released.

Requesting Records

Individuals and organizations can request New Hampshire criminal history records through the State Police Criminal Records Portal or by submitting a request in person or by mail to the Criminal Records Unit at 33 Hazen Drive, Concord, NH 03305.

The fees for record checks are:

New Hampshire law does not authorize the state to store applicant fingerprint images. All fingerprint images are destroyed after the search of the FBI criminal history database is complete.

Public Court Records

The New Hampshire Judicial Branch also provides public access to court records through its Case Access Portal. This online system allows remote access to non-confidential Superior Court criminal and civil cases, as well as certain Circuit Court e-filed case types. Court records are generally considered public under the state constitution, though certain categories of records are sealed or restricted.

Employment Background Checks

New Hampshire employers conducting background checks must navigate both state law and the federal Fair Credit Reporting Act (FCRA). The requirements vary depending on whether the employer is in the public or private sector and whether the position falls under a specific statutory background check mandate.

Ban the Box: Public Employers

New Hampshire enacted its Ban the Box law through HB 253 in 2020, codified as RSA 21-I:58. This law prohibited public employers from asking about prior convictions or running a criminal background check before offering a job interview. The inquiry into criminal history was delayed until after the applicant had an opportunity to interview.

However, RSA 21-I:58 was repealed effective September 17, 2024, through 2024 Chapter 259:3, VI. This means that as of late 2024, New Hampshire no longer has a statewide Ban the Box statute on the books. Public employers in New Hampshire are no longer expressly prohibited by state law from asking about criminal history early in the hiring process.

Private employers in New Hampshire have never been subject to a Ban the Box requirement under state law. There is no current state statute that restricts when private employers may inquire about an applicant's criminal history.

The Seven-Year Lookback Period (RSA 359-B:5)

One of the most significant state-level protections for job applicants in New Hampshire is the seven-year reporting limitation under RSA 359-B:5. This statute governs what consumer reporting agencies (CRAs) can include in background check reports.

Under RSA 359-B:5, CRAs cannot report:

• Records of arrest, indictment, or conviction of a crime that are more than 7 years old from the date of disposition, release, or parole
• Paid tax liens older than 7 years from the date of payment
• Civil suits and judgments older than 7 years from date of entry
• Accounts placed for collection or charged off that are more than 7 years old
• Any other adverse item of information older than 7 years

The Salary Exception

The exception in RSA 359-B:5 is narrower than it is usually described. Paragraph II opens with a qualifier that is easy to miss: "The provisions of paragraph I are not applicable in the case of any consumer credit report to be used in connection with:" and then lists, among other transactions, the employment of an individual at an annual salary that equals, or may reasonably be expected to equal, $20,000 or more.

On the face of the statute, then, the salary carve-out is written for a consumer credit report. A background report that contains only criminal history, with no credit information in it, does not plainly fall inside that description. Employers and CRAs should not assume that paying more than $20,000 a year switches off the seven-year limit on reporting arrests, indictments, and convictions; the safer reading of the text is that paragraph I continues to apply to a criminal-history-only report.

For positions paying below the $20,000 threshold, the exception does not apply at all, and CRAs must exclude criminal records older than seven years from their reports.

Federal FCRA Requirements

All New Hampshire employers who use a third-party consumer reporting agency to conduct background checks must comply with the Fair Credit Reporting Act (FCRA). The FCRA imposes several requirements that apply nationwide, including in New Hampshire:

Before ordering a background check:

• Provide the applicant with a clear, standalone written disclosure that a background check will be conducted
• Obtain the applicant's written authorization before the check is run

Before taking adverse action based on the report:

• Provide the applicant with a pre-adverse action notice
• Include a copy of the background check report
• Include a copy of the FTC's "Summary of Your Rights Under the FCRA"
• Allow the applicant a reasonable period (typically 5 business days) to dispute inaccuracies

After making a final adverse decision:

• Send a final adverse action notice identifying the CRA that provided the report
• Inform the applicant of their right to obtain a free copy of the report within 60 days
• Inform the applicant of their right to dispute the accuracy of the report

FCRA litigation has increased substantially, with total cases rising more than 36% through the end of 2025. New Hampshire employers should review their background check procedures regularly to confirm compliance.

Investigative Consumer Reports

Under RSA 359-B:14, when a CRA furnishes an investigative consumer report for employment purposes, adverse information (other than public record information) may only be included if it has been verified in the process of making the report, or if the adverse information was received within the three months preceding the date the report is furnished.

Additionally, under RSA 359-B:13, CRAs that furnish reports containing public record information for employment purposes must either notify the consumer that adverse public record information is being reported, or maintain strict procedures to ensure the information is complete and up to date.

Annulment of Criminal Records (RSA 651:5)

New Hampshire uses the term "annulment" rather than "expungement" for the process of sealing criminal records. The annulment statute, RSA 651:5, allows individuals to petition a court to have their arrest, conviction, and sentencing records removed from both state and FBI databases.

Waiting Periods

After completing all terms of a sentence (including probation, parole, and payment of fines) with no subsequent convictions other than minor traffic violations, an individual may petition for annulment based on the following schedule:

Automatic Annulment

For offenses disposed after January 1, 2019, where charges resulted in an acquittal or dismissal, records are automatically annulled. This happens either 30 days after the dismissal or upon determination of a final appeal, whichever is later. No petition is required in these cases.

Offenses That Cannot Be Annulled

Certain offenses are permanently barred from annulment under New Hampshire law. No petition may be brought and no annulment granted for:

• Violent crimes, including capital murder, first or second degree murder, manslaughter, Class A felony negligent homicide, first degree assault, aggravated felonious sexual assault, kidnapping, criminal restraint, Class A felony arson, robbery, and incest
• Felony obstruction of justice offenses
• Any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6
• Offenses involving child sexual abuse images
• Endangering the welfare of a child by solicitation

Effect of Annulment

Once a court grants an annulment order, the person is legally treated as if the arrest, conviction, and sentence never occurred. The individual may respond to questions about criminal history as though no arrest or conviction took place. The State Police must remove the annulled records from their databases.

There is one exception: if the person is convicted of a new crime after the annulment, the court may consider the prior annulled conviction when determining the sentence for the new offense. The annulled conviction may also count toward habitual offender status.

Marijuana Possession Annulment (RSA 651:5-b)

New Hampshire enacted a special annulment provision for certain marijuana possession offenses. Under RSA 651:5-b, any person arrested or convicted for knowingly possessing 3/4 of an ounce or less of marijuana, where the offense occurred before September 16, 2017, may petition for annulment at any time with no waiting period.

If the prosecutor does not object within 10 days of receiving the petition, the court must grant the annulment. This provision was enacted alongside New Hampshire's marijuana decriminalization law, which reduced possession of less than one-half ounce from a Class A misdemeanor to a violation for first and second offenses.

Impact on Background Checks

Because annulled records are removed from the State Police database, they should not appear on criminal background checks conducted through official channels. An annulled record cannot legally be used against the individual in employment, housing, or licensing decisions. Employers who discover an annulled record through unofficial means cannot use it as a basis for an adverse action.

Housing Background Checks

New Hampshire does not have a state law that specifically restricts landlords from considering criminal history when screening tenants. Unlike some states that have extended Ban the Box protections to the housing context, New Hampshire leaves this area largely unregulated at the state level.

What Landlords Can Do

Landlords in New Hampshire may:

• Request a criminal background check on prospective tenants, provided they first obtain the applicant's signed written consent
• Consider criminal history as a factor in rental decisions
• Charge reasonable fees for tenant screening, including background checks
• Use credit reports and rental history as part of their screening process

Required Disclosures

Starting January 1, 2025, landlords in New Hampshire must disclose in writing any application or renewal fees before collecting them. This includes disclosing the amount of the fee and whether the landlord requires a satisfactory criminal background or credit check as part of the application process.

Fair Housing Protections

While criminal history is not a protected class under New Hampshire's Law Against Discrimination (RSA 354-A), landlords must still be careful about how they use criminal background checks. The New Hampshire Commission for Human Rights enforces protections based on age, sex, sexual orientation, gender identity, race, creed, color, marital status, familial status, physical or mental disability, and national origin.

If a blanket criminal history screening policy disproportionately affects applicants of a particular race or national origin, it could potentially be challenged under disparate impact principles consistent with federal fair housing guidance from the U.S. Department of Housing and Urban Development (HUD).

Professional Licensing Background Checks

Many professional licenses in New Hampshire require a criminal background check as a condition of licensure. The Office of Professional Licensure and Certification (OPLC) coordinates background checks for dozens of licensed professions.

Fingerprint-Based Checks

Professional licensing background checks in New Hampshire typically require fingerprinting for both a state criminal history check and an FBI national criminal history check. The specific RSA citation authorizing the FBI check varies by profession.

The OPLC offers two processing options:

• Option A: For applicants who only need a New Hampshire criminal history check
• Option B: For applicants who need both a New Hampshire and FBI criminal history check, with fingerprinting completed within the state

Fingerprints are captured either by ink on a fingerprint card or by digital capture through a LiveScan device. The LiveScan method is preferred because it captures both fingerprint images and demographic data electronically and transmits them directly to the Criminal Records Unit.

Disqualifying Offenses

The determination of whether a criminal record disqualifies an applicant from licensure is made by the individual licensing board, not by the State Police. Each board applies its own standards, which are typically set by the specific RSA chapter governing that profession. Applicants whose background checks reveal a criminal record are generally entitled to a review process before the board makes a final determination.

Education and Child Care Background Checks

New Hampshire imposes the most rigorous background check requirements on individuals who work with children.

School Employees (RSA 189:13-a)

Under RSA 189:13-a, every school administrative unit, school district, and chartered public school must complete a criminal history records check on all selected applicants for employment before making a final offer. This requirement extends to employees, substitute teachers, contractors, and designated volunteers.

The check includes both a New Hampshire criminal history search and an FBI fingerprint-based national check. Schools may extend a conditional offer of employment while the background check is being processed, with the final offer contingent on satisfactory results.

Certain offenses are absolute disqualifiers, meaning a conviction bars the individual from employment regardless of when the offense occurred. These include drug trafficking, sexual assault, child endangerment, and obscenity offenses involving minors (referencing offenses under RSA 318-B:2, RSA 630:1 through RSA 649-B:4).

Results are confidential, are not subject to public disclosure under RSA 91-A (the Right to Know law), and must be destroyed within 60 days of receipt. Administrators reviewing results are required to complete training on interpretation of criminal history information.

Child Care Workers (RSA 170-E)

Under RSA 170-E, all individuals who work in licensed or registered child care facilities must undergo background checks through the Department of Health and Human Services.

The background check process includes:

• A New Hampshire criminal history check through the State Police
• An FBI fingerprint-based national check
• A search of the New Hampshire sex offender and abuse and neglect registries
• A search of sex offender registries in each state where the individual has resided in the past 5 years
• A check of the National Sex Offender Registry

Individuals convicted of felony offenses deemed harmful to children, crimes against minors or adults, or those who are the subject of a founded complaint of child abuse or neglect may be denied employment. Background checks must be renewed every 5 years.

The fee for the child care background check process is $27.00, plus the cost of fingerprinting.

Recent Legislative Changes (2024-2026)

New Hampshire has seen several significant changes to its background check laws in recent years.

2024 Legislation

HB 1197 (signed August 23, 2024): This law amended various statutes to authorize additional personnel to take fingerprints for non-criminal background checks. It also established a multi-agency task force to review the need for FBI Criminal History Record Information checks across employment and volunteer positions in the state.

Repeal of Ban the Box (effective September 17, 2024): RSA 21-I:58, the state's Ban the Box law for public employers, was repealed through 2024 Chapter 259:3, VI. Public employers in New Hampshire are no longer required to delay criminal history inquiries until after the interview stage.

Firearm background check bills that did not become law: Bills to extend background check requirements to private firearm sales, and to change how firearm background checks are handled, have been introduced in recent sessions, but none of them was enacted. New Hampshire still imposes no state background check requirement on a private, non-dealer firearm sale or transfer, and RSA 159-D:1 remains permissive rather than mandatory: the department of safety "may become the point of contact for the federal government for the purposes of the National Instant Criminal Background Check System (NICS)." Licensed dealers remain subject to the federal NICS check.

2025-2026 Legislation

HB 506 (2025): Provides for a discretionary background check before court-ordered return of firearms, effective January 1, 2026.

SB 568 (2026 session): Addresses the Department of Safety's procedures for processing employee candidate background checks.

HB 1363 (2026 session): Relates to employee candidate background checks. Both SB 568 and HB 1363 are currently moving through the legislative process during the 2026 session.