Accessing Criminal Records
In New Hampshire, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.
New Hampshire has adopted an expungement law. Individuals who have been convicted of certain crimes may petition the court to have their convictions annulled, and employers cannot inquire about them. Instead, employers can only ask whether applicants have ever been arrested or convicted of a non-annulled crime.
Ban the Box Policies – New Hampshire
New Hampshire's ban-the-box law prohibits public sector employers from asking applicants about criminal history information in the early stages of the application process. Employers cannot ask about criminal history information until after an applicant has had the opportunity to interview for the position.
