New Hampshire Background Checks

Performing background checks in the Granite State involves knowing and following state rules and regulations which may stipulate what information can be taken into account when making hiring decisions. Requirements vary by state.

Performing background checks on your own is risky and can lead you into legal trouble. Hiring a background check company, known as a Credit Reporting Agency or CRA, is highly advisable. A credit reporting agency's job is to stay abreast of New Hampshire background check laws. Reputable CRA's help you avoid pitfalls such as:

The risk of uncovering too much information in a background check is significant. Laws such as the Americans with Disabilities Act (ADA) and the Federal Fair Credit Reporting Act (FCRA) mandate that certain protected information cannot be considered by employers when making hiring decisions. When hiring in New Hampshire, it is crucial to use a CRA that understands the complexity of background check laws in New Hampshire.

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If you are hiring truck drivers, you already know that you need to check back for three years of violations with prior companies and the FMCSA Drug and Alcohol Clearinghouse. You also have to check their New Hampshire motor vehicle report, of course.

Knowing and complying with these regulations can be daunting. Health Street removes the stress by conducting and storing your DOT background checks in the same, easy-to-access portal as your other driver file records. You can manage your DOT compliance and random pool in one place. We can provide you with:

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When evaluating a job applicant, the first thing a hiring manager tends to look at is their resume. But what if the schools attended, degrees earned, job titles held, and other credentials were embellished, exaggerated, or outright fabricated? Before making that hire, you can rest easy knowing that Health Street can add resume verification to our New Hampshire background checks.

Resume fraud is unfortunately all too common in New Hampshire. Our resume verification services provide a definitive check on everything listed on your applicant's resume. This includes:

Be sure that the person you want to hire is really who they say they are by ordering resume verification services from Health Street.

House Bill 253 – Criminal Records Checks in New Hampshire

In 2020, New Hampshire became a "ban-the-box" state, which means that candidates cannot be asked about prior convictions on job applications. New Hampshire HB 253, signed into law on July 28, 2020, prohibits public employers from asking about prior convictions or running a criminal background check prior to a job interview. The employer can only run a background check after a conditional offer of employment has been made. The only exception is if it is required by federal or state law for that occupation.

Employers must follow federal and New Hampshire background check laws to ensure the safety and rights of themselves, their applicants, and employees.

Acts and Statutes for Background Checks in New Hampshire

The Fair Credit Reporting Act (FCRA) protects the rights of applicants and employers. The FCRA allows employers to run background checks but requires them to provide the applicant with their rights and obtain written permission prior to conducting an employment background screening. If an employer chooses not to hire or promote due to the results of a criminal background check, a pre-adverse action notice must be given to the applicant or employee, and it must include a document summarizing their rights under the FCRA and a copy of their consumer report. This allows for the applicant to discuss the background report findings with the employer before adverse action is taken. Employers must provide a waiting period between providing the adverse action notice and taking adverse action, and then must provide a post-adverse action notice to the employee.

New Hampshire's RSA 359-B limits the reasons reports can be used, but a credit reporting agency can issue a report to employers with a legitimate need for information, such as a government agency or potential employer, with the person's consent. This state law applies to all New Hampshire employers, employees, and job applicants. Just like the FCRA, New Hampshire's RSA 359-B requires the employer to inform applicants of adverse employment actions based on the report's results and provide the name and address of the consumer reporting agency.

New Hampshire RSA §§ 151:2 to 151:2-d states that applicants for certification or license to operate healthcare and residential care facilities must submit criminal background check results from the New Hampshire Department of Safety (NHDOS). Applicants selected for employment in one of these facilities must also submit background screening results before a final offer of employment is made. This New Hampshire law covers hospitals, health services, home care providers, laboratories, emergency medical care facilities, and birthing centers. This is not a complete list of employers covered by this law. Employees covered by the law include those in direct contact with clients, client records, and client bodily fluids, tissues, and other biological materials.

New Hampshire RSA §§ 170-E:1 to 170-E:29-a applies to employers, employees, and applicants associated with child daycare agencies or providers and states that they must undergo criminal background checks. Criminal record checks must include the New Hampshire sex offender and abuse and neglect registries and the national sex offender registry.

New Hampshire background check laws exist for all employers in the state, so every employer needs to familiarize themselves with these laws to protect themselves, their employees, and their business.

Statistics on Crime in the State of New Hampshire