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New Hampshire Background Check Laws: What Employers Need to Know
New Hampshire limits both how far back a criminal record can be reported and how an employer is allowed to ask about it, relevant across the state's manufacturing, tech, and tourism industries, whether you're hiring in Manchester, Nashua, or Concord.
Reporting Time Limit and the $20,000 Exception
Consumer reporting agencies can't disclose records of arrest, indictment, or conviction older than 7 years, measured from the date of disposition, release, or parole. That limit comes with an exception: it doesn't apply when the report is used for the employment of someone at an annual salary of $20,000 or more. Because that threshold covers most full-time roles, the 7-year limit won't restrict a typical New Hampshire hiring decision, though federal FCRA rules still apply.
How Employers Can Ask About Criminal History
New Hampshire limits employers to a single standard question when asking about criminal history: whether the applicant has ever been arrested for or convicted of a crime that hasn't been annulled by a court. Employers can't go beyond that specific framing when inquiring about criminal history.
Pass-Through Fees for New Hampshire Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (NH State Police Criminal Records Unit) | $25.00 per name-based Criminal History Record Information request |
| Motor vehicle record | $17.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from New Hampshire Employers
How far back can a New Hampshire background check report criminal history?
New Hampshire sets a 7-year limit, but it doesn't apply when the role pays $20,000 a year or more, which covers most full-time positions. For those roles the state limit doesn't restrict how far back the search reaches, though federal FCRA rules still apply.
How should I phrase a criminal history question on a New Hampshire application?
State law limits the inquiry to whether the applicant has ever been arrested for or convicted of a crime that hasn't been annulled by a court, rather than an open-ended question about criminal history.
Does New Hampshire have a Ban-the-Box law?
No statewide law delaying when criminal history can be asked about. New Hampshire's restriction is on how the question can be worded, not when it's asked.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.

