What may be reported on a state criminal history search?
- Jurisdiction where record is recorded
- Case number
- Filing date
- Degree of offense, such as a misdemeanor
- Disposition date
There is a mixture of state-level rules and federal regulations that govern how employers may use data derived from a background check in their hiring process. On the federal level, Title VII of the Civil Rights Act protects against discriminatory hiring practices, and the Fair Credit Reporting Act governs the way an employer can access and use certain information about an applicant.
Some states go further and implement additional restrictions on criminal record usage, including ban the box laws that prohibit employers from making initial inquiries into criminal histories. New Hampshire has only one such clear restriction in place: employers may not use convictions or arrests if a state court has chosen to annul the charges.
If an employer wishes to ask about an applicant’s history, they must use the following language: “Have you ever been arrested or convicted of a crime that has not been annulled by a court?” This specific phrasing is the responsibility employers face when using a New Hampshire state background check, though it is also important to always be mindful of the guidelines outlined within federal legislation.