At-a-Glance Compliance Overview

State Mini-FCRA Laws

New Hampshire does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

New Hampshire does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Annulment

New Hampshire provides mechanisms for annulment of criminal records, which functions similarly to expungement.

Relevant statute:

N.H. Rev. Stat. §651:5 – Annulment of criminal records

Eligible individuals may petition to annul:

• certain misdemeanor convictions
• certain felony convictions after waiting periods
• arrests or charges not resulting in conviction

Annulled records are removed from public access, and individuals may generally respond as if the record does not exist.

Fair Chance / Ban-the-Box Law

New Hampshire has enacted a statewide ban-the-box law applicable to private employers.

Relevant statute:

N.H. Rev. Stat. §275:5-a

Key Requirements

• Employers may not include criminal history questions on initial job applications.
• Criminal history inquiries may occur later in the hiring process.

This requirement applies broadly to private employers and directly affects application design and hiring workflows.

Credit Check Rules

New Hampshire does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

New Hampshire permits medical marijuana use and provides limited employment protections.

Employers are not required to accommodate marijuana use in the workplace, but should be mindful of:

• disability-related considerations
• potential off-duty conduct issues

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment

Pay Equity and Salary History Rules

New Hampshire restricts employer use of salary history under:

N.H. Rev. Stat. §275:5-X

Employers may not:

• request salary history from applicants
• rely on salary history in determining compensation

Employers may:

• discuss salary expectations with applicants

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in New Hampshire.

Key Statutes

• Ban-the-Box – N.H. Rev. Stat. §275:5-a
• Salary History Ban – N.H. Rev. Stat. §275:5-X
• Record Annulment – N.H. Rev. Stat. §651:5

Employer Compliance Checklist

Employers conducting background checks in New Hampshire should implement several compliance practices.

• Remove criminal history questions from initial job applications.

• Delay criminal history inquiries until later in the hiring process.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Avoid requesting or relying on salary history during hiring.

• Ensure annulled records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.