Background check basics for HR in New Hampshire.
New Hampshire background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in New Hampshire
- Report lookback: 7 years (FCRA default). New Hampshire applies FCRA; annulled records under RSA §651:5 must not be disclosed by the candidate.
- Ban-the-box: Public sector. Executive Order 2020-07 removed the conviction question from state-agency initial applications.
- Salary history: No restriction. No statewide salary-history ban.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on New Hampshire."
Ask this in Ask HR AIPractitioner steps for New Hampshire
- Step 1. Use the New Hampshire report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any NH-specific consent language required.
- Step 3. Respect the New Hampshire ban-the-box trigger (Public sector) before running any criminal search.
- Step 4. Check NH statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable New Hampshire statutes and references
- RSA §651:5 (annulment)
- Exec. Order 2020-07
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + New Hampshire overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related New Hampshire topics
- FCRA adverse action in New Hampshire
- Ban-the-Box and Fair Chance hiring in New Hampshire
- Wage and hour in New Hampshire
- Leaves and accommodations in New Hampshire
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Colorado
- See all states
Keep going
- The federal Background check basics for HR guide
- New Hampshire background-check rules
- Compliance checklist
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.