Navigating New Hampshire Criminal Background Check Procedures

Understanding NH Criminal Background Check: What You Need to Know

A criminal background check is a process used to investigate an individual’s criminal history, identifying any arrests, convictions, or other legal infractions. In New Hampshire (NH), these checks are an essential part of many processes, from employment applications to housing screenings, and even professional licensing. For individuals, understanding the importance of criminal background checks is crucial, whether they are trying to secure a job, rent an apartment, or apply for a professional license.

The Importance of Criminal Background Checks in NH

Criminal background checks in New Hampshire play a vital role in helping employers, landlords, and other entities make informed decisions. They are particularly important for assessing an individual’s trustworthiness and potential risks in various situations.

  • For Employers: Employers rely on criminal background checks to ensure that candidates do not pose a threat to workplace safety or the organization’s reputation. A thorough background check can reveal past criminal activities that may disqualify a candidate from employment, especially in industries like healthcare, finance, or law enforcement.
  • For Landlords: Landlords often use background checks to assess the suitability of tenants. They want to ensure that tenants do not have a history that could endanger the property, disrupt the community, or lead to other potential liabilities.
  • For Individuals: Background checks are also critical for individuals who want to ensure their own criminal records are accurate or up to date, particularly when applying for a job, licensing, or housing. Individuals can request their own criminal background checks to review their history and correct any errors.

How Criminal Background Checks Are Conducted in NH

In New Hampshire, criminal background checks are primarily conducted through the New Hampshire State Police and other law enforcement agencies. The State Police maintain a centralized Criminal Records Unit that handles requests for criminal history records. Criminal background checks in New Hampshire may also involve checks through the FBI, especially when a more comprehensive, nationwide search is required.

The process for conducting a background check typically involves:

  1. Requesting a check: Individuals or organizations must submit a request for a criminal background check to the appropriate agency, often through an online portal or in-person request.
  2. Providing necessary details: To conduct an accurate check, identifying information such as the full name, date of birth, and sometimes fingerprints are required.
  3. Receiving the results: The results will show any criminal history tied to the individual, including arrests, charges, convictions, sentences, and sometimes even pending charges.

Types of Background Checks Available in NH

In New Hampshire, there are different types of background checks, each providing different levels of information depending on the needs of the requestor. The main types include:

  1. State Criminal Background Check: This type of check will only provide criminal history records within New Hampshire. It is useful for employers or agencies who need to verify if someone has a criminal history in the state.
  2. National Criminal Background Check: This check includes information from national databases and can provide criminal history records from across the U.S. This is ideal for employers who want a broader perspective on a potential employee’s criminal history.
  3. FBI Criminal Background Check: An FBI check, also known as a federal background check, is a more in-depth search that examines national criminal records. This is particularly necessary for certain high-security jobs or for individuals seeking federal employment or licenses.
  4. Sex Offender Registry Check: This specialized background check is aimed at identifying individuals who are listed on the sex offender registry, an important check for certain jobs or when working with vulnerable populations.

Who Conducts Criminal Background Checks in NH?

Various entities in New Hampshire may request a criminal background check, including:

  • Employers: Before hiring an individual, employers often require a background check to assess the candidate’s suitability and potential risks associated with their criminal history.
  • Landlords: Landlords perform criminal background checks on potential tenants to ensure their safety and avoid renting to individuals with a history of serious offenses.
  • Government Agencies: Certain state and local government agencies, such as those issuing professional licenses or certifications, may require a criminal background check to ensure compliance with regulations.
  • Self-Requests: Individuals can request their own criminal background check to review their records for accuracy or for personal knowledge. This can be especially helpful when preparing for a job application or background review.

Reasons for Criminal Background Checks in NH

There are various reasons why criminal background checks are conducted in New Hampshire. These include:

  • Employment Screening: One of the most common reasons for conducting a background check is for employment. Employers want to ensure that potential hires are trustworthy and have no criminal history that could affect their job performance or the safety of the workplace.
  • Tenant Screening: Landlords often require criminal background checks to screen potential tenants. This helps protect the property and ensures that tenants are not a safety or legal risk to the property or surrounding community.
  • Professional Licensing: Many professional licensing bodies require a background check to ensure that candidates are qualified and do not have a criminal history that would affect their ability to practice in a given field.
  • Firearm Purchases: Background checks are required for individuals seeking to purchase firearms to ensure they do not have a criminal history that would prohibit the acquisition of a weapon.
  • Volunteer Work: For organizations that rely on volunteers, such as those working with children or vulnerable adults, criminal background checks are often required to ensure the safety of the individuals they serve.

In summary, criminal background checks are a critical tool in New Hampshire for ensuring safety, security, and trustworthiness in various sectors. They play a significant role in hiring decisions, rental agreements, and licensing processes, while also giving individuals the chance to monitor and correct their own criminal history records. Understanding the types of checks available, how they are conducted, and the importance of these checks can help both individuals and organizations navigate the process with confidence.

How to Obtain NH Criminal Background Check: Process and Important Considerations

Steps for Requesting a Criminal Background Check in NH

Obtaining a criminal background check in New Hampshire is a straightforward process, but it requires following specific steps depending on whether you are requesting the check for yourself or for another individual. Below is a step-by-step guide to help you navigate the process.

1. Determine the Type of Background Check You Need

Before requesting a background check, it is essential to know what kind of check you require:

  • State Criminal Background Check: This is typically for individuals who only need a criminal history search within New Hampshire.
  • National Criminal Background Check: A more comprehensive search that includes criminal records from across the United States.
  • FBI Criminal Background Check: This check is typically required for federal matters and involves a more in-depth national search.

Knowing which type of background check you need will determine which agency or service you should use.

2. Submit Your Request

There are two main ways to request a criminal background check in New Hampshire: through the New Hampshire State Police Criminal Records Unit or a third-party provider.

Requesting from the New Hampshire State Police:

  • You can submit your request online through the New Hampshire State Police website, where they provide a Criminal Record Check request form.
  • Alternatively, you can request the check in person at the State Police headquarters or through the mail.

Requesting from the FBI:

  • To request an FBI background check, you must submit your fingerprints for the check. You can do this at a local police department or through an approved third-party service.
  • The process typically requires a fingerprint card and a completed application form, along with the required fee.

3. Provide Necessary Information

In order for your background check request to be processed, you’ll need to provide identifying information. This can include:

  • Full name
  • Date of birth
  • Social Security number (for certain checks)
  • Fingerprints (required for FBI checks)

Ensure the information you provide is accurate to avoid delays or errors in your background check results.

4. Pay the Fee

Fees for criminal background checks in New Hampshire can vary depending on the type of check requested. Typical fees include:

  • State Criminal Background Check: Typically ranges between $15 and $50.
  • FBI Criminal Background Check: This check usually costs around $25 to $50.

These fees must be paid at the time of the request. If you are requesting a background check through a third-party service, additional service fees may apply.

5. Wait for Processing

Processing times for criminal background checks can vary:

  • State-level background checks typically take 2 to 5 business days to process.
  • FBI background checks can take up to 2 to 4 weeks, depending on the volume of requests and the method used for submission.

If you need the background check results more urgently, expedited services may be available for an additional fee.

6. Review the Results

Once the background check is complete, you will receive a report outlining the individual’s criminal history, if any. This report can include:

  • Arrests
  • Convictions
  • Sentences
  • Pending charges
  • Sex offender registry status (if applicable)

Make sure to carefully review the results to ensure they are accurate.

Fees and Processing Times

Fees

The cost of obtaining a criminal background check in New Hampshire generally depends on the type of check requested and whether you’re requesting it for personal use or for a specific purpose (such as employment screening).

Here is a breakdown of typical fees:

  • State Criminal Background Check: $15 to $50, depending on the processing method and urgency.
  • FBI Criminal Background Check: Approximately $25 to $50.
  • Expedited Services: Additional fees may apply for expedited processing, particularly if you need the background check results within a shorter timeframe.

Third-party services such as Exact Background Checks may charge extra fees, but they often provide faster processing and more convenient options for receiving your results.

Processing Times

  • State-level criminal background checks are typically completed within 2 to 5 business days, though delays can occur depending on the volume of requests or the method of submission.
  • FBI background checks generally take 2 to 4 weeks to process. However, if you choose to use electronic fingerprinting or other expedited services, you may receive results more quickly.

Make sure to take processing times into consideration when requesting a background check, especially if you need the results for a time-sensitive application such as a job or housing rental.

What Information Is Included in a NH Criminal Background Check

A criminal background check in New Hampshire can provide a comprehensive overview of an individual’s criminal history within the state or nationally, depending on the type of check. Here’s what to expect:

State Criminal Background Check

  • Arrest Records: This includes any arrests made by law enforcement within New Hampshire, even if they did not result in a conviction.
  • Criminal Convictions: If the individual has been convicted of any crimes, the check will report the details, including the nature of the crime, the date of conviction, and the sentence imposed.
  • Sentences: Information on sentences served, including prison time, probation, fines, and other court-ordered penalties.
  • Pending Charges: If there are any current charges pending, these will be reflected in the background check.
  • Sex Offender Registry: If the individual is listed on the New Hampshire sex offender registry, this will be included in the report.

National or FBI Criminal Background Check

  • National Record: A national check provides a broader scope by examining records across all U.S. states, including arrests, convictions, and any violations that cross state lines.
  • Federal Convictions: Any crimes prosecuted under federal law will appear in an FBI check, which may not be visible in a state-level check.
  • Nationwide Arrests: Any arrests that occurred in states outside New Hampshire will be included in a national criminal background check.

It’s important to note that some records may be sealed or expunged under specific circumstances. Sealed records are generally not accessible in background checks unless the person requests their unsealing.

Accuracy and Privacy Concerns

Accuracy of Criminal Background Checks

Accuracy is a primary concern when conducting criminal background checks. Inaccurate or outdated information can lead to wrongful decisions, particularly in employment or housing situations. Common issues include:

  • Mismatched Records: An individual with a similar name or birthdate may show up in a background check due to database errors.
  • Outdated Information: Arrests or convictions that have been expunged or sealed may still appear in some background checks.
  • Incomplete Records: Some records, particularly those related to sealed or expunged convictions, may not be included in the report.

If you believe there is an error in the background check, you have the right to dispute the findings with the agency that issued the report. In New Hampshire, you can contact the State Police or the FBI to address discrepancies.

Privacy and Confidentiality

New Hampshire has laws that protect the privacy of individuals’ criminal records. These laws regulate who can access these records and under what circumstances. For instance:

  • Consent: Before conducting a criminal background check for employment or housing, consent must be obtained from the individual being checked.
  • Sealed and Expunged Records: Certain records can be sealed or expunged, which prevents them from showing up in background checks under specific conditions, like rehabilitation or a clean record over a set period of time.

Additionally, the Fair Credit Reporting Act (FCRA) applies to criminal background checks, ensuring that they are used only for lawful purposes and that individuals have access to dispute any incorrect or misleading information.

Challenges and Potential Issues with Criminal Background Checks

While criminal background checks are crucial for decision-making, several issues may arise during the process:

Errors in Records

  • Incorrect Information: Individuals may find errors in their criminal history, such as incorrect charges or outdated records. These errors may be due to clerical mistakes or data entry issues.

Delays

  • Processing Delays: Criminal background checks may take longer than expected due to administrative backlogs, especially with federal or FBI checks. It’s essential to plan ahead if you need the results by a specific date.

Incomplete Records

  • Missing Information: If a person’s record was expunged or sealed, it may not show up in a background check. Additionally, some records may not be fully updated, which can lead to inaccurate results.

To minimize challenges, working with trusted services like Exact Background Checks can help streamline the process, ensuring that you receive accurate, up-to-date results in a timely manner.

Exact Background Checks Services

At Exact Background Checks, we simplify the process of obtaining criminal background checks in New Hampshire. Whether you’re an individual seeking to check your own records or a business conducting employee screenings, our service offers fast, reliable, and accurate results. We ensure that all records are up to date and comply with privacy laws, helping you make informed decisions with confidence.

Our platform offers quick turnaround times, comprehensive reports, and user-friendly interfaces that make obtaining a criminal background check simple and efficient. Whether you’re an employer, a landlord, or an individual, Exact Background Checks is here to support you through every step of the process.

Considerations for Employers and Landlords

When interpreting the results of a criminal background check, employers and landlords should consider several factors:

  • Relevance to the Position: For employers, it’s important to determine whether the criminal history directly impacts the role being offered. For example, an applicant with a non-violent misdemeanor may not be disqualified from a job that doesn’t involve security-sensitive responsibilities.
  • Fairness: Employers and landlords should apply consistent policies to all applicants to avoid discrimination. Be sure to follow local and federal guidelines on the Fair Housing Act and Equal Employment Opportunity standards when making decisions.

By using criminal background checks responsibly and adhering to legal guidelines, you can ensure fair treatment for all applicants while maintaining safety and integrity in your hiring or tenant selection process.

Legal Aspects of NH Criminal Background Checks

Understanding the legal framework surrounding criminal background checks in New Hampshire is crucial for both individuals and organizations. Various laws and regulations govern how background checks should be conducted and used to ensure fairness, privacy, and compliance. Below are key legal considerations:

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that regulates the collection, dissemination, and use of consumer information, including criminal background checks. The FCRA applies to employers and other entities that use background checks for employment, housing, or credit purposes. The act ensures that:

  • Consent: Employers and landlords must obtain written consent from an individual before conducting a background check.
  • Adverse Action: If an employer decides not to hire someone based on the results of a criminal background check, they must inform the individual, providing them a copy of the report and allowing them to dispute any errors.
  • Accuracy: Background checks must be accurate and up-to-date. Individuals have the right to challenge inaccuracies in their reports.

New Hampshire State Laws

New Hampshire also has specific regulations that govern how criminal background checks are conducted and the use of criminal records:

  • New Hampshire Criminal Record Privacy Laws: Criminal records in New Hampshire are considered confidential but can be accessed by authorized individuals and organizations (e.g., employers, landlords, government agencies). Unauthorized access or misuse of criminal records is prohibited.
  • Ban-the-Box: New Hampshire has adopted “Ban-the-Box” legislation, which limits when employers can ask about an applicant’s criminal history. Employers are prohibited from asking about criminal history on job applications, and the background check should only be conducted later in the hiring process. This helps prevent discrimination based on a criminal record before an applicant’s qualifications are considered.
  • Expungement and Sealing: New Hampshire allows certain criminal records to be expunged or sealed under specific conditions. Expungement is a legal process that erases a conviction from a person’s criminal record, while sealing keeps the record confidential. This process can prevent certain convictions from appearing in background checks.

Consent and Disclosure Requirements

In New Hampshire, it’s required by law that individuals provide written consent before a background check is conducted. This is especially true for employment or housing-related checks. The person requesting the background check must also notify the individual of their rights, including:

  • Right to Review: Individuals have the right to review and dispute the results of a background check.
  • Notice of Action: If an adverse decision is made based on the results of a background check, such as rejecting an applicant for employment or housing, the individual must be notified in writing.

Background Check Discrepancies

If an individual believes that the information on their criminal background check is incorrect, they have the right to dispute it. In New Hampshire, this process involves contacting the New Hampshire State Police or the FBI (if the background check was federal) to request a review and correction of the erroneous information. It’s important to act promptly to resolve any discrepancies before it impacts employment, housing, or other important decisions.

Restrictions on the Use of Criminal Background Checks

While criminal background checks are powerful tools for making informed decisions, there are restrictions on how the results can be used. Both employers and landlords must comply with federal and state regulations to avoid misuse of the information. Here are some key restrictions:

Employment

Employers in New Hampshire can use criminal background checks to evaluate job candidates, but they must follow guidelines to ensure fair treatment. Specifically:

  • Relevance to Job: Employers are prohibited from making hiring decisions solely based on an individual’s criminal history unless the conviction is directly related to the job responsibilities. For example, an applicant convicted of a non-violent crime many years ago might not be disqualified from a position that doesn’t involve working with vulnerable populations.
  • Consideration of Time: Employers must consider how old a conviction is. New Hampshire law provides that convictions that occurred more than seven years ago may not be used to disqualify someone from employment, unless the conviction is for a violent crime or involves fraud.
  • Ban-the-Box: As mentioned earlier, New Hampshire has implemented Ban-the-Box legislation, which means employers cannot inquire about an applicant’s criminal history at the initial stages of the hiring process. Employers must wait until after an interview or job offer before considering a background check.

Housing

Landlords in New Hampshire are permitted to conduct criminal background checks on prospective tenants, but they must also follow specific rules:

  • Fair Housing Act Compliance: Landlords must avoid discrimination when considering a tenant’s criminal history. For example, using a criminal record to unfairly reject a tenant based on race, ethnicity, or national origin violates fair housing laws.
  • Context of the Record: Similar to employment decisions, landlords must consider the context and severity of a criminal record. A minor offense committed many years ago may not justify denying housing, particularly if the applicant has demonstrated good behavior since then.
  • Ban-the-Box for Housing: New Hampshire does not currently have specific Ban-the-Box legislation for housing, but it’s still important for landlords to be cautious and fair in how they assess criminal records, particularly as courts and local jurisdictions are increasingly scrutinizing the use of criminal history in housing decisions.

Expungement and Sealing of Criminal Records in NH

One of the significant legal benefits for individuals in New Hampshire is the possibility of expunging or sealing criminal records. This process allows certain criminal convictions to be hidden from public view and not appear on background checks. Here’s how it works:

Expungement

Expungement removes a criminal conviction from an individual’s record as if it never occurred. This process is typically available for specific types of offenses, such as:

  • Misdemeanors: Some misdemeanors may be eligible for expungement, particularly if the individual has completed probation and remained law-abiding for a specified period.
  • Certain Felonies: New Hampshire also allows some felony convictions to be expunged under specific circumstances, particularly for first-time offenders who have rehabilitated themselves.

To apply for expungement, an individual must file a petition with the court that handled their case, and if granted, the conviction will be erased from the public record.

Sealing

Sealing a criminal record means that the conviction remains on record but is no longer accessible to the general public. This can be useful in cases where individuals wish to keep their criminal history private but may still need to disclose it to certain authorities, such as when applying for a job that requires a background check.

  • Eligibility for Sealing: The eligibility for sealing varies, but typically individuals must wait a set period (e.g., 3 to 5 years) after completing their sentence and remaining crime-free.

If you are interested in expunging or sealing your criminal record, it’s advisable to consult with a legal professional to determine your eligibility and navigate the process effectively.

Frequently Asked Questions (FAQs)

  • State-level checks typically take 2 to 5 business days to process.
  • FBI background checks may take up to 2 to 4 weeks depending on the method and processing time.

A state criminal background check only includes criminal records within New Hampshire, while a federal background check provides a broader view, including nationwide criminal history and federal convictions.

Yes, you can request your own criminal background check from the New Hampshire State Police or the FBI to review your criminal history.

No, employers are not required to consider criminal history during hiring, but they can if it is relevant to the position. They must also comply with Ban-the-Box legislation and other state laws.

If there are errors in your criminal background check, you have the right to dispute the information with the agency that provided it (e.g., the New Hampshire State Police or the FBI).

Conclusion

Criminal background checks are essential for ensuring safety, trustworthiness, and informed decision-making in New Hampshire. Whether you’re an employer, a landlord, or an individual, understanding the legal framework and best practices surrounding criminal background checks is critical. By following the legal guidelines, being aware of restrictions, and knowing the rights to challenge inaccurate information, you can navigate the background check process with confidence and fairness.

Utilizing services like Exact Background Checks simplifies the process, offering fast, accurate, and legally compliant background checks to meet the needs of businesses and individuals alike. Always ensure that you are following the proper procedures and adhering to the relevant laws to avoid any legal issues or unfair treatment.

Leave A Comment