New Hampshire Background Check Process

New Hampshire, with its rich history and diverse job market, is a state where employers seek to make informed hiring decisions while respecting the rights of job applicants. Understanding New Hampshire background check laws are crucial for both employers and job seekers. In this article, we will explore the legal framework, the process of conducting criminal records searches, and the significance of background checks for employment in the Granite State.


New Hampshire Background Check Laws:

New Hampshire has specific laws and regulations governing background checks, especially in the context of employment. These laws are designed to balance the interests of employers in making informed hiring decisions and the rights of job applicants to fair treatment.

  1. Fair Credit Reporting Act (FCRA): The FCRA is a federal law that applies across the United States, including New Hampshire. It governs the use of consumer reports, which includes background checks, for employment purposes. Employers must obtain the applicant's consent before conducting a New Hampshire background check and provide a copy of the report if adverse action is taken based on the information in the report.
  2. New Hampshire Consumer Credit Reporting Act: In addition to the FCRA, New Hampshire has its own Consumer Credit Reporting Act, which contains provisions related to background checks. Employers conducting background checks in New Hampshire should be aware of both federal and state regulations to ensure compliance.
  3. Use of Arrest Records: New Hampshire has specific rules regarding the use of arrest records in employment decisions. Employers are prohibited from using arrest records that did not result in a conviction as the sole basis for making an adverse employment decision. This provision aims to prevent discrimination against individuals who were arrested but not convicted of a crime.


New Hampshire Criminal Records Search:

Conducting a criminal records search is a fundamental component of the background check process in New Hampshire. Employers often rely on this information to assess the suitability of job applicants for specific positions. Understanding how to obtain and interpret criminal records is essential.

  1. New Hampshire State Police Criminal Records Unit: The New Hampshire State Police Criminal Records Unit is the primary agency responsible for maintaining and providing access to criminal records in the state. Employers can request background checks on potential employees through this unit, which includes information on arrests, convictions, and other criminal history details.
  2. Expungement: New Hampshire law allows for the expungement of certain criminal records, particularly for individuals who were convicted of certain offenses as minors. Expungement means that the records are sealed and may not be used in employment decisions. Employers must be aware of the limitations on accessing these records.
  3. New Hampshire Judicial Branch: The New Hampshire Judicial Branch provides online access to court records, which can be valuable for employers and background screening agencies to verify information related to criminal cases and court proceedings.


Significance of Background Checks for Employment:

Background checks play a crucial role in the employment process in New Hampshire, serving various purposes:

  1. Safety and Security: Employers have a responsibility to provide a safe working environment for their employees and customers. Background checks help identify potential threats and protect against workplace violence.
  2. Protecting Sensitive Populations: Background checks are particularly essential for positions involving vulnerable populations, such as children, the elderly, or individuals with disabilities. Ensuring that individuals with a history of abuse or violence are not hired for such roles is a top priority.
  3. Legal Compliance: Adhering to New Hampshire's background check laws and federal regulations is critical for avoiding legal issues and potential discrimination claims. Employers must stay informed about these laws and ensure compliance with their provisions.
  4. Hiring the Right Candidate: Background checks help employers make informed hiring decisions by evaluating an applicant's qualifications, experience, and character. This leads to better staffing choices and helps avoid potential issues in the workplace.


Understanding New Hampshire's background check laws for employment is essential for both employers and job applicants. Adhering to the legal framework, including the FCRA, the New Hampshire Consumer Credit Reporting Act, and rules regarding arrest records, ensures fair and lawful background screening practices. Accessing criminal records through the New Hampshire State Police Criminal Records Unit and the New Hampshire Judicial Branch can provide valuable insights into an applicant's history. By recognizing the significance of background checks, employers can make informed hiring decisions, while job applicants can prepare to address any concerns that may arise during the hiring process.


New Hampshire, the Granite State, is known for its rich history, stunning landscapes, and vibrant communities. Transparency and accessibility to public information are important aspects of governance in the state. This article explores the world of New Hampshire's arrest records and public records, shedding light on what they encompass, their significance, and how to access them.


New Hampshire Arrest Records:

Arrest records are generated by law enforcement agencies when an individual is taken into custody. These records contain essential information, including the person's name, date of birth, date of arrest, the arresting agency, charges filed, and other relevant details. In New Hampshire, arrest records are considered public records, making them accessible to the general public.

Significance of New Hampshire Arrest Records:

  1. Transparency and Accountability: Public access to arrest records promotes transparency and accountability in law enforcement activities. It allows the public to monitor the actions of law enforcement agencies and hold them accountable for their conduct.
  2. Background Checks: Arrest records are commonly used for background checks by employers, landlords, and individuals. This information helps in assessing the criminal history of potential employees, tenants, or associates.
  3. Legal Proceedings: Attorneys and legal professionals often rely on arrest records when building cases or defending clients. These records serve as critical evidence in legal proceedings, ensuring a fair trial.
  4. Personal Safety: Access to arrest records can provide individuals with information about potential threats or individuals with a history of criminal activity. This is especially important for personal safety and making informed decisions about associations.


Accessing New Hampshire Arrest Records:

New Hampshire arrest records, being public records, are generally accessible to the public. Here are several ways to access them:

  1. Law Enforcement Agencies: Local police departments, sheriff's offices, and the New Hampshire State Police maintain arrest records. You can contact these agencies to request arrest records. Each agency may have different procedures and fees for accessing records.
  2. Online Databases: Some law enforcement agencies in New Hampshire maintain online databases that allow the public to search for arrest records. These online resources can be convenient for conducting preliminary research.
  3. New Hampshire Department of Safety: The New Hampshire Department of Safety, Division of State Police, is a valuable resource for accessing arrest records. They provide online access to certain records and can assist with requests for more detailed information.
  4. Public Records Request: If you cannot find the arrest records you need through online resources or local agencies, you can make a public records request to the law enforcement agency that handled the arrest. Under New Hampshire's Right-to-Know Law, agencies are generally required to provide access to these records.


New Hampshire Public Records:

In addition to arrest records, New Hampshire maintains a wide range of public records encompassing various aspects of government activities, court proceedings, vital statistics, and more. Common types of New Hampshire public records include:

  1. Court Records: New Hampshire court records, including civil and criminal case records, divorce decrees, and court judgments, are public records. These records are valuable for legal research, background checks, and other purposes.
  2. Property Records: Information related to property ownership, land deeds, and property assessments is considered public records. These records are important for property transactions, real estate research, and title searches.
  3. Vital Records: Vital records, such as birth certificates, death certificates, and marriage records, are public records. They are vital for legal and genealogical research, as well as various government functions.
  4. Government Records: Records associated with government activities, such as meeting minutes, budgets, and official documents, are typically public records. Access to these records enhances government transparency and accountability.


New Hampshire's commitment to transparency and open access to public information is evident in the availability of arrest records and other public records. These records serve various purposes, including promoting accountability, supporting legal proceedings, and ensuring personal safety. Accessing these records is generally straightforward, as they are considered public records meant to be accessible to anyone interested. Whether you are an employer, an attorney, a researcher, or a concerned citizen, understanding the availability and significance of these records can be invaluable in your endeavors.