New Hampshire Background Check Laws and Compliance
- What is a New Hampshire background check?
- What shows up on a New Hampshire background check?
- How to get background checks in the state of New Hampshire
- How background checks in New Hampshire benefit businesses
- Legal considerations for New Hampshire employers
- Get a New Hampshire background check with Checkr
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In New Hampshire, employers often utilize background checks as a part of the hiring process to verify credentials, promote workplace safety, and reduce legal liability. When running background checks in the Granite State, hiring teams must comply with a framework of federal, state, and local requirements. These include the Fair Credit Reporting Act and New Hampshire-specific regulations, including the state’s Ban the Box restriction for public employers. Continue reading for a concise breakdown of New Hampshire’s background check regulations, the information that may be reported, and the process of requesting a background check.
Key takeaways:
- Employers conducting background checks in New Hampshire must comply with applicable federal and state laws, including the federal FCRA and the state’s fair chance regulations for public employers.
- Checkr offers employer background check packages starting at $29.99, with popular add-ons like driving record checks and employment verification.
- Individuals can also use Checkr to run personal background checks, starting at $49.99, to see what employers might see before applying for jobs.
What is a New Hampshire background check?
A New Hampshire background check searches different public records and databases, providing information about a candidate’s history that goes beyond an application or resume. This may include criminal records, credit history, driving records, employment or education history, and more.
Employers often use background checks as part of pre-employment screening to confirm a candidate’s qualifications and eligibility for a role, while nonprofits and community organizations rely on them for volunteer onboarding to help protect members and uphold organizational integrity.
What shows up on a New Hampshire background check?
Information included in a background check depends upon the type of search conducted; federal, state, and local laws regulating background checks; and the employer’s background screening policy.
Here are some common background screenings that employers may conduct and what may be reported:
- Criminal background checks may report felony and misdemeanor convictions, arrest records, and pending criminal cases.
- Driving record (MVR) checks may show license type and status, suspensions, revocations, and sometimes motor vehicle-related offenses, like DUIs.
- Employment verification confirms past employers, positions held, and dates of employment.
- Education verification validates schools attended, degrees or certificates earned, and graduation dates.
How to get background checks in the state of New Hampshire
For employment purposes
- Employers can conduct background checks in-house by requesting records directly from state sources, such as the New Hampshire Department of Public Safety’s Criminal Records Portal. Checkr offers criminal background checks starting at $29.99, which may include an SSN trace, sex offender registry check, global watchlist search, and criminal records searches.
- Partnering with Checkr can speed your hiring workflow and help support compliance with federal, state, and local compliance requirements.
For personal use
- To run a background check on yourself, individuals can request a copy of your own criminal history record from the New Hampshire Division of State Police.
- Running a personal background check with Checkr may help simplify and expedite the process, potentially showing you what might be reported on an employment background check.
- This proactive approach may allow you to anticipate potential questions or concerns and correct potential errors to be reflected on your Checkr report before applying for jobs.
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How background checks in New Hampshire benefit businesses
Background checks are often a practical step in the hiring process for New Hampshire employers, helping promote a safe, transparent work environment. Here’s why background checks are important:
- Protecting the workplace: Screening candidates can help identify potential safety risks and may help prevent incidents that could harm employees, customers, or company assets.
- Maintaining compliance: Adhering to background screening laws, like those outlined in the Fair Credit Reporting Act (FCRA) and state-specific laws, helps businesses support compliance and mitigate potential legal consequences.
- Enhancing business reputation: Showing a commitment to hiring qualified, trustworthy people can strengthen your brand and attract customers who value integrity.
- Mitigating risks: Background checks can report histories of fraud, theft, or other crimes, reducing the likelihood of hiring individuals who may pose risks to the company’s assets.
Legal considerations for New Hampshire employers
New Hampshire employers must follow a framework of federal and state rules when running background checks:
- Fair Credit Reporting Act (FCRA) is a federal law that governs how employers order and consider information when performing background checks for hiring purposes.
- Adverse action process requires providing clear explanations for not hiring an individual based on background check results.
- New Hampshire state laws may require that employers adhere to state-specific requirements when hiring individuals.
- Ban the Box laws may prohibit employers from inquiring about an individual’s criminal history until later in the hiring process, like after a conditional offer is made. New Hampshire House Bill 253 applies statewide and prohibits public sector employers from asking candidates about criminal history information in the early stages of the application process.
Get a New Hampshire background check with Checkr
Employment background checks can play an important role in the hiring process in the Granite State, but navigating compliance on your own can be complex and might leave your business vulnerable to legal complications.
Partnering with Checkr for New Hampshire background checks ensures a streamlined, compliance-forward, and efficient process. Checkr’s expertise and advanced technology make it a reliable partner for conducting thorough background checks, helping you make informed hiring decisions. Get started today.
Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.
