Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →New Hampshire: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
New Hampshire has no ban the box law. Employers may ask about criminal history at any stage of hiring, including on the initial job application. The state's public-sector ban the box law was repealed effective July 1, 2025, and no law replaced it, so no ban the box requirement now applies to public or private employers. Employers may only ask about convictions and arrests that have not been annulled.
Criminal Record Lookback Period
New Hampshire limits how far back a consumer report may reach for lower-paying positions. A consumer reporting agency may not report records of arrest, indictment, or conviction that, measured from the date of disposition, release, or parole, are more than 7 years old.
*This 7-year limit does not apply when the position pays, or may reasonably be expected to pay, an annual salary of $20,000 or more. For those higher-paying jobs, older conviction records may be reported, though arrests that did not lead to conviction remain subject to the federal FCRA 7-year limit.
Reporting Restrictions
New Hampshire's consumer reporting law limits what may appear on a background check and adds an employer-specific rule. An employer may only ask an applicant whether they have ever been arrested for or convicted of a crime that has not been annulled by a court. A consumer reporting agency furnishing a report for employment purposes that includes public record information likely to have an adverse effect must either notify the applicant that the information is being reported, or maintain strict procedures to keep that public record information complete and up to date.
Expunged / Sealed Records
New Hampshire allows individuals to petition a court to annul a criminal record after applicable waiting periods, which run from the date of sentence completion and vary by offense level, from 1 year for violations to 10 years for the most serious eligible felonies. A person whose record is annulled is treated in all respects as if they had never been arrested, convicted, or sentenced. A consumer reporting agency may not report an annulled record, and an applicant may answer questions as though the annulled offense never occurred. Marijuana possession arrests and convictions have their own annulment provision.
Salary History Ban
New Hampshire does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
New Hampshire does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
New Hampshire has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
New Hampshire has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline. Source Text: No New Hampshire Statute
Tax Liens & Collections
New Hampshire has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Recreational marijuana is not legal in New Hampshire. Medical cannabis is legal under the state's therapeutic cannabis program. In Paine v. Ride-Away, Inc. (2022), the New Hampshire Supreme Court held that use of therapeutic cannabis prescribed under state law may qualify as a reasonable accommodation for an employee's disability under the state's anti-discrimination law. An employer faced with an accommodation request from a registered patient must engage in the interactive process rather than automatically denying it, though it need not permit use or possession during work hours or on the premises, and may deny accommodation where doing so would create an undue hardship.
Pre-Adverse Action Notice & Waiting Period
New Hampshire has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
New Hampshire has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
New Hampshire has no state law governing background check authorization beyond the consumer reporting rules described above. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Permitted Application Question
New Hampshire law limits how an employer may phrase a criminal history question. An employer may only ask an applicant whether they have ever been arrested for or convicted of a crime that has not been annulled by a court. This preserves the effect of the state's annulment law by keeping annulled records out of the hiring conversation entirely.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
New Hampshire has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
New Hampshire gives employers broad latitude. To stay compliant:
Phrase any criminal history question to ask only about arrests or convictions that have not been annulled by a court. For positions paying under $20,000 a year, do not consider arrest, indictment, or conviction records more than 7 years old. Exclude any annulled record from consideration, since state law treats the person as never having been arrested or convicted. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Engage in the interactive process if a registered therapeutic cannabis patient requests an accommodation, rather than denying it automatically. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the New Hampshire Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. New Hampshire law.