State law · For employers

New Hampshire background check laws for employers

What New Hampshire law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.

Reviewed
Primary sources
7 laws cited

At a glance

The New Hampshire rules on each topic, in one line. Federal law applies to every topic.

TopicNew Hampshire rule
Criminal history questionsNo state rule. Federal law applies.
Limits on what a report includesRSA 359-B:5 bars a consumer reporting agency from reporting records of arrest, indictment, or conviction more than 7 years after disposition, release, or parole.
Sealed and expunged recordsNew Hampshire annuls records by petition under RSA 651:5.
Credit checksNo state rule. Federal law applies.
Salary historyNo state rule. Federal law applies.
CannabisNew Hampshire has medical (therapeutic) cannabis only.
Drug testing proceduresNo state rule. Federal law applies.
State consumer reporting lawNew Hampshire’s analogue is RSA chapter 359-B (Consumer Credit Reporting), modeled on the 1971 federal FCRA. Points that matter for employment screening: a CRA may furnish a report for employment purposes (359-B:4).

What a background check report may include

Who it covers: Consumer reporting agencies furnishing reports on New Hampshire consumers

In force since: January 1, 2005

RSA 359-B:5 bars a consumer reporting agency from reporting records of arrest, indictment, or conviction more than 7 years after disposition, release, or parole. The 7-year limit also covers suits and judgments, paid tax liens, collection accounts, and other adverse items; bankruptcies drop off after 10 years. The limits do not apply to a report used for employment at an annual salary that equals or may reasonably be expected to equal $20,000 or more, or for credit or life insurance of $50,000 or more. Because the salary threshold is low, the conviction limit rarely applies in practice.

Exceptions

  • Employment at an annual salary of $20,000 or more (359-B:5, II(c))
  • Credit transactions of $50,000 or more (II(a))
  • Life insurance of $50,000 or more (II(b))

RSA 359-B:5, I(e) · RSA 359-B:5, II(c) · RSA 359-B:13, II

Sealed and expunged records

Who it covers: All employers (limits the form of the criminal-history question)

New Hampshire annuls records by petition under RSA 651:5. The waiting period runs from completing all terms of the sentence: 1 year for a violation, 2 years for a class B misdemeanor, 3 years for a class A misdemeanor, 5 years for a class B felony, 10 years for a class A felony. Some offenses wait 10 years (sexual assault under 632-A:4, felony indecent exposure, misdemeanor domestic violence); some drug offenses under 318-B:26, II wait 2 years. Violent crimes, felony obstruction of justice, and extended-term sentences cannot be annulled. For offenses disposed of on or after January 1, 2019, two kinds of record are annulled without a petition: an arrest that ended in not guilty on all charges, dismissal, or no prosecution; and a conviction later vacated by a court. A person whose record is annulled is treated as if never arrested, convicted, or sentenced. In any application for employment, a person may be questioned about a criminal record only in terms such as ‘Have you ever been arrested for or convicted of a crime that has not been annulled by a court?’

Exceptions

  • Violent crimes, felony obstruction of justice, and extended-term sentences cannot be annulled (651:5, V).
  • Longer waits for listed sex and domestic-violence offenses (651:5, III(f)-(h)).
  • Law enforcement may keep and share annulled records for legitimate investigative purposes and with the police standards and training council (651:5, XI(b)).

RSA 651:5, X(f) · RSA 651:5, X(f) · RSA 651:5, X(a) · RSA 651:5, II-a · RSA 651:5, III(c) · RSA 651:5, II-a(b) · RSA 651:5, V

Cannabis use and testing

Who it covers: N/a for private employers; no employment protection exists

In force since: July 23, 2013

New Hampshire has medical (therapeutic) cannabis only. RSA 126-X:3 does not require any accommodation of therapeutic cannabis use on the premises of any place of employment, and it does not limit an employer’s ability to discipline an employee for ingesting cannabis in the workplace or for working while under the influence. The chapter gives no shield from arrest or prosecution for being under the influence, or possessing cannabis, in a place of employment without the employer’s written permission. There is no off-duty use protection and no limit on pre-employment THC testing. Adult-use cannabis is not legal.

RSA 126-X:3, III(c) · RSA 126-X:3, III(c) · RSA 126-X:3, II(a)(2)

The state consumer reporting law

Who it covers: Consumer reporting agencies and users of consumer reports in New Hampshire

In force since: August 29, 1971

New Hampshire’s analogue is RSA chapter 359-B (Consumer Credit Reporting), modeled on the 1971 federal FCRA. Points that matter for employment screening: a CRA may furnish a report for employment purposes (359-B:4). An investigative consumer report needs a written disclosure to the consumer within 3 days of the request, unless it is for employment the consumer has not specifically applied for; on request, the user must disclose the nature and scope of the investigation within 5 days (359-B:6). A CRA reporting adverse public-record items for employment must notify the consumer at the time, or keep strict procedures so the items are complete and up to date (359-B:13). An employer that denies employment wholly or partly because of a consumer report must tell the consumer and give the CRA’s name and address (359-B:15). Willful noncompliance carries actual damages or $1,000, whichever is greater, plus punitive damages and attorney’s fees; negligent noncompliance carries actual damages or $1,000, whichever is greater, plus fees (359-B:16, 17). No CRA registration requirement.

RSA 359-B:5, I · RSA 359-B:6, I · RSA 359-B:15, I · RSA 359-B:16, I

Where federal law alone applies

We found no New Hampshire rule for private employers on these topics. The FCRA and other federal laws still apply.

  • Criminal history questions
  • Credit checks
  • Salary history
  • Drug testing procedures

Coming changes

Laws already passed that take effect later.

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the New Hampshire requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, New Hampshire sets these for each new hire.

  • State withholding. New Hampshire does not tax wages, so there is no state withholding certificate; collect only the federal Form W-4.
  • New hire report. Report each new hire to New Hampshire within 20 days; some independent contractors must be reported too. State new hire reporting
  • Notices at hire. Written notice of rate of pay, paydays and place of payment; Written or posted description of employment practices and fringe-benefit policies.

Build the new hire checklist for New Hampshire, with city rules, special cases and a due date for each item.

Sources

Last reviewed · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.

State law

Background check laws by state

Pick a state to see what its law adds to the federal FCRA. A darker state has state law on more of the eight topics we cover.

  • State law on 1 to 3 topics
  • 4 or 5 topics
  • 6 to 8 topics

Every state, with its review date