Navigating New Hampshire Background Check Laws (2023)

• July 7, 2023
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Aside from its spectacular natural beauty and incomparable gravitas as a historical hub, New Hampshire is also a great place to do business or run a volunteer organization.  With perks like ample tax incentives, a strong economy, and a higher-than-average educated workforce from which to select – The Granite State is rock-solid for employers and volunteer recruiters.  Although the prospect of hiring great people and running successful operations is better in NH than in most states – what are you doing about protecting your business and employing the most trustworthy workers?  

That’s a loaded question that we here at PreSearch want to help you unpack.  Hiring and recruiting is one thing, but securing the right people for your organization takes finesse – especially when it comes to conducting a compliant, comprehensive New Hampshire background check.  Want to stay on the right side of your business or volunteer operations? Read further to learn everything you need to know about getting an NH background check to secure your business and ensure a faultless pre-screen on potential new hires or volunteers.

How PreSearch Can Help With Background Check Services in New Hampshire

PreSearch proudly stands as a top provider of employee background check services in New Hampshire. With our state-of-the-art technology and a committed team of experts, we deliver efficient and all-encompassing background checks for employers aiming to onboard reliable employees.

One benefit of choosing PreSearch Services for background checks is our capability to provide custom-made background checks and screening solutions fitting the exclusive requirements of different industries. Whether your business is in healthcare, finance, or education, PreSearch can precisely adjust our services to match your needs.

Moreover, with the constant evolution of laws and regulations surrounding each New Hampshire background check, keeping pace with the latest rules can be intimidating for employers. This is where PreSearch comes to your aid. We keep ourselves updated with all relevant federal and New Hampshire laws, so you can concentrate on your business without concerns about compliance issues.

When you choose PreSearch, expect exceptional care and unmatched service. Our experts aim to simplify the process of obtaining a background check in New Hampshire, ensuring it’s as simple and easy as possible. Trust our partnership to provide you with reliable information for informed hiring decisions, all drawn from trustworthy sources.

What is a Background Check

A background check is a method that involves researching and gathering an individual’s records, encompassing commercial, criminal, and financial records. Usually used in employment contexts, these checks assist employers in evaluating a candidate’s suitability for a job and guarantee they pose no threat to the organization or its employees.

Importance of New Hampshire Background Checks

Not just an essential part of the hiring process, New Hampshire background checks are also critical to upholding workplace safety and integrity. Background checks and screenings for trusted employees offer an unbiased review of a candidate’s past, helping to validate the accuracy of their application and shield the company from potential risks like fraud, theft, or harmful behavior. This vital process enables employers to make informed decisions, fosters trust, and can significantly impact the overall quality of the workforce.

New Hampshire Background Check Laws

New Hampshire background check laws are governed by both federal and state legislation. To avoid legal disputes and ensure compliance, employers must comprehend the requirements and subtleties of each regulation.

Federal Laws on Employment Background Checks

Employers in New Hampshire must abide by state laws and are also expected to adhere to and respect federal laws while conducting background checks. Before initiating a New Hampshire background check, here are the key federal laws you should be aware of. These laws must be followed in conjunction with state-specific regulations.

Civil Rights Act, Title VII

Enacted in 1964, Title VII of the Civil Rights Act decrees it is illegal for employers to discriminate against applicants based on sex, race, color, national origin, and religion. This law is relevant to background checks as it prohibits employers from using these factors in any facet of employment, including hiring and firing.

The Fair Credit Reporting Act (FCRA)

The FCRA regulates how employers can use a candidate’s consumer reports, which can include credit reports and criminal records. Before obtaining these reports, employers must notify candidates in writing and receive their written consent.

As an NH employer, you must follow a specific process if you choose not to employ an applicant based on the information in a consumer report (a decision known as an “adverse action”). This involves providing the candidate with a pre-adverse action disclosure that includes documentation of the consumer report and an outline of their rights under the FCRA. After a reasonable amount of time, the employer must provide a notice of adverse action, informing the candidate about their rights to see the information reported about them and to correct any inaccuracies.

New Hampshire State Employment Background Check Laws

Background check laws in New Hampshire are established with the intent to balance the interests of employers, who need relevant information to make hiring decisions and individuals who have a right to privacy and a chance for employment. Here’s an in-depth look at some of the key aspects of these laws:

Obsolete Criminal Information

New Hampshire law stipulates that employers should not use information about an arrest or conviction over seven years old. This law is predicated on the belief that people can reform and should not be perpetually punished for old mistakes, especially those that do not impact their ability to perform a job safely and effectively. Therefore, in many cases, arrests or convictions older than seven years are considered obsolete and should not be used in making employment decisions.

Conviction for a Non-Annulled Crime

Although the law protects individuals from discrimination due to old criminal convictions, it doesn’t provide the same protections for non-annulled crimes. Employers in New Hampshire can refuse to hire an individual based on a conviction for a non-annulled crime if the offense directly impacts the duties and responsibilities of the job in question. It is critical for employers to thoughtfully consider the relationship between the crime and the job before making a decision.

Ban-the-Box Law

In NH, the “Ban-the-Box” law aims to remove the checkbox on job application forms that ask about a candidate’s criminal history. This law is designed to give individuals who may have a New Hampshire criminal record a fair chance at employment by ensuring they are not automatically disqualified at the start of the hiring process. Instead, questions about criminal history are deferred until later in the hiring process, often after a conditional job offer has been made.

Legal Consequences for Non-compliance

Failure to comply with these laws, such as using obsolete criminal information, improperly considering non-annulled convictions, or violating the Ban-the-Box law, can result in significant legal consequences for employers. These may include substantial fines, potential lawsuits, and reputational damage. As a result, it is critical for businesses to thoroughly understand and follow these laws when conducting employment background checks.

Types of Background Checks in New Hampshire

The first step to streamline your hiring process and ensure compliance with New Hampshire laws is understanding the types of background checks available in the state. 

New Hampshire Criminal Background Checks

A criminal background check in New Hampshire provides insight into an individual’s criminal past. This can include details about convictions, arrests, incarcerations, and sentencing details – all of which aid employers in making informed hiring decisions.

New Hampshire Employment Background Checks

Employment background checks typically involve verifying a candidate’s work history in New Hampshire. This includes confirming employment dates, job titles, and reasons for leaving previous jobs. Employers can verify a candidate’s integrity and experience by conducting these checks.

How to Get a Background Check in New Hampshire

Obtaining a criminal background check in New Hampshire requires a request for either a fingerprint-based or name-based search to the New Hampshire State Police. However, keep in mind that these state government-provided reports only cover criminal history within New Hampshire. They won’t provide information about any potential criminal activity that occurred in other states or internationally. Moreover, these reports don’t include critical hiring information, such as employment history or educational background.

The best way to secure a comprehensive background check in New Hampshire is through a dependable provider like PreSearch. We offer the flexibility to choose the exact information you need, providing the most thorough and all-encompassing data for your hiring decisions.

How Long Does a New Hampshire Background Check Take

The duration of a background check in New Hampshire can fluctuate based on the depth of the check and the information sources. By using PreSearch, you can expect to receive comprehensive, quick, and fast background checks, often within a day or two and sometimes even the same day.

Time is a valuable asset when hiring the right individuals. Self-conducted background checks can be time-consuming and costly. With PreSearch, you can save time and resources as we handle the process and ensure a swift return of results. Trust us for all your background check needs in New Hampshire. We’ll help you make the best hiring decisions possible.

How Far Back Do Background Checks Go in New Hampshire?

In New Hampshire, background checks typically go back seven years, following the FCRA guidelines. However, certain types of background checks, like those for high-security or trust positions, may delve deeper into an individual’s past.

What Shows Up on a New Hampshire Background Check?

The type of information you receive from a background check depends on your specific requests. With PreSearch, you can choose to receive data on criminal history in New Hampshire, plus any criminal activity reported in other states or even internationally. Our services extend beyond just criminal records to other vital areas such as sex offender registry status, driving records, educational backgrounds, and more.

A basic New Hampshire criminal background check will reveal past convictions or pending charges within the state, including both felony and misdemeanor convictions. The information includes the severity of the charges, arrest dates, and any sentencing results.

In addition, comprehensive background checks can provide valuable financial information through credit reports. These can reveal instances of bankruptcy, fraudulent charges, liens, collections, and other data relevant to a pre-hire background check. Such insights can be instrumental in making informed hiring decisions.

How Much Does a Background Check Cost in New Hampshire?

The cost of a background check in New Hampshire can vary based on the type of check and the depth of information required. Employers can expect to pay $25 per check when obtaining criminal records from the New Hampshire State Police. That cost goes up from there depending upon additional information required.  

Your best value for obtaining a quality NH background check is to work with a pro like PreSearch. Our fees are well worth the peace of mind for getting all the information you need on pre-hires and doing so in compliance with state and federal laws.  Additionally, the cost of our services saves you time and money because you and your staff are free to focus on your business, not time-consuming background check details. For a precise cost assessment based on your specific needs, consider reaching out to PreSearch directly.