New Hampshire Background Check
If the job market is stretched, New Hampshire employers face pressure to recruit employees rapidly.
While it is crucial to fill vacant positions, employers must conduct a New Hampshire background check to make sure hiring candidates are qualified and don't have any issues in their past.
A background check for employment background check in New Hampshire will allow you to confirm the assertions made by applicants regarding their education and employment history and determine if they have any unconstitutional criminal convictions. This will help reduce the risk of liability and ensure that your business is operating efficiently and safely.
Based on our experience in conducting background checks for companies in Manchester, Nashua, Concord, Portsmouth, and more, we've written this complete guide to reference when conducting background checks in New Hampshire.
Four important reasons employers within N.H. conduct background checks.
There are a variety of reasons New Hampshire employers conduct employment background checks. Some of the most frequently used reasons are listed below.
General Screening for entry-level positions Many New Hampshire employers understands that background checks before employment play an important role in hiring. Through conducting pre-employment screenings for entry-level positions, employers can check the information provided by applicants on their applications and resumes. They can also ensure that they don't have any convictions that could disqualify them from employment in their previous.
- Screening for Supervisory Posts
Because those in managerial or supervisory positions have more responsibility than other employees, many New Hampshire employers conduct detailed background checks of applicants for these kinds of jobs.
- Screenings for employment at regular intervals
Certain industries require employers to regularly conduct screenings of employees who are currently employed, for example, the transportation sector. These screenings are intended to assist employers in identifying issues that could cause disqualification following the hiring of employees.
- Pre-Employment checks for positions within the Caring Professions
Alongside ongoing screenings for current employees, applicants who apply for employment or volunteer opportunities in the field of care are required to go through extensive background screenings.
This is because they deal with vulnerable groups, including disabled people or a weakened age group and children, which need to be secured.
New Hampshire Employment Background Check Laws 2022
When conducting the employment background check in New Hampshire, it is essential to follow the regulations and laws which regulate the procedure. You could be subject to penalties, legal liabilities, and fines if you don't comply.
The pertinent federal and state laws are reviewed in the following section.
Federal Laws on Employment Background Checks
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is a federal government law that the Federal Trade Commission enforces. This law safeguards the privacy of consumers' personal information that is collected, stored, and reported by the Consumer Reporting Agencies (CRAs) and utilized by employers for background checks.
Before an employer can conduct an employment background check, it must first inform that applicant by writing. Therefore, employers should also obtain applicants' signed, written consent before conducting background checks.
Suppose the background check report reveals negative information. In that case, the employer has to take adverse action before making a final decision whether or not to employ the candidate in light of the information uncovered in the background check report.
We at The Koleman Group LLC conduct all background checks. We will also assist you in understanding your needs when you are hiring.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is applied through the U.S. Equal Employment Opportunity Commission (EEOC). This law is a landmark that prohibits discrimination in the workplace due to the particulars of applicants and employees.
Title VII applies to employment background checks whenever a report contains information about criminal history. According to EEOC guidelines, employers must evaluate individual criminal records in background check reports as they directly pertain to the responsibilities of the job for which they are looking to hire.
New Hampshire State Laws on Employment Background Checks
New Hampshire employers must also comply with state laws that regulate background checks required for employment.
They no longer needed Criminal Information.
In the context of N.H. Revision. Stat. Ann. S.S. 359B:5, consumers reports agencies (CRAs) could not report information regarding an applicant's convictions, arrests, or indictments if their decisions were made longer than seven years before when the applicant was screened for the application background check.
The law has an exemption to the cap on salary of $20,000, but. Employers seeking jobs that pay more than $20,000 per annum may be able to get conviction information regarding background checks at least seven years older.
But, as per the FCRA, it is still not possible to find information about arrests that have not resulted in convictions lasting more than seven years.
The use of a conviction for a Non-Annulled Offense
In the context of N.H. Revision. Stat. Ann. S.S. 651:5(x)(c) People convicted of specific crimes may apply to the judge to get their convictions thrown out.
CRAs cannot provide information regarding annulled convictions. Therefore, employers are not able to inquire about these convictions. Employers can instead inquire if applicants have been convicted or arrested for an unannulled offense.
New Hampshire Ban-the-Box Law for Employers of Public Interest
In 2020, the New Hampshire legislature passed House Bill 253, which the governor then approved. This law prevents employers working in the public sector from asking applicants for criminal history details in the initial stages of the process.
They can't inquire about criminal records until an applicant has had an opportunity to be interviewed for the job.
What's in a background check for Employment within New Hampshire?
What information a background check for Employment in New Hampshire might reveal will depend on the reports you need to request. For example, employers employing applicants in New Hampshire ask for information regarding applicants' criminal background and past employment history, as well as educational achievements as well as qualifications.
Candidates for jobs where driving is required are likely to check their driving records. In addition, many employers will also require pre-employment tests for drug testing of the applicants.
An employment background check may include the following details:
- Non-annulled misdemeanor and felony convictions
- Amid criminal cases
- Convictions and arrests that resulted in convictions over the last seven years
- Employment background
- History of address
- History of education
- Appearance on the registry of sex offenders
- Participation in the Domestic Terrorist Watch List
Let's examine what could appear on one of these reports.
Criminal background check for employment will reveal the details of the following types for people with no-annulled convictions
- Offense date
- Offense Type
- Infraction degree (misdemeanor or felonious)
- Disposition date
According to New Hampshire law, convictions longer than seven years old cannot be reported on jobs that pay more than $20,000, but they can be reported for positions paying more. An annulled conviction or arrest is not reported.
Many employers request verification of education reports as they can verify the academic qualifications that applicants claim to have achieved.
This information is found on a report for education verification:
- Names and places of all schools attended
- Dates of attendance at each institution.
- Degrees, diplomas. or certificates issued.
Employment verification reports assist employers in confirming the claims that applicants make about their previous employment and ensure that they are truthful and have the relevant expertise.
This kind of report will provide the following details:
- Name/location of any former employers
- Dates of Employment with every former employer
- The positions and titles held by each company
How far back do Background Checks go for New Hampshire?
The length of time how far back a New Hampshire background check can be conducted is determined through the FCRA and the state laws of New Hampshire. According to the FCRA, it is possible to have a seven-year time frame for looking back for positions that pay less than $75,000 per annum for the kinds of background information that are required:
Arrests that have not led to convictions
This kind of information is not reported until they're seven years old or older years old. However, if the job is paid more than $75,000 a year, the FCRA's limitations are not applicable. Convictions can also be filed under the FCRA regardless of the time they were committed.
New Hampshire's annulment law permits those found guilty of certain crimes to ask for the annulment of their convictions. However, a conviction that is annulled will not be reported, and it cannot be inquired into.
Background checks for positions that pay less than $20,000 for positions in New Hampshire will not include convictions that are older than seven years. However, jobs that pay more than $20,000 annually are not governed by the law, and reports will contain information about convictions regardless of age.
Information on an individual's prior job, educational, and qualifications is not restricted under the FCRA or any state law and can be disclosed regardless of age.
How can I obtain a background check within N.H.?
In the state of New Hampshire, you can obtain criminal history background checks by visiting the New Hampshire State Police's public counter located in Concord. You can also send an application for criminal background reports. The applicant can authorize employers to request criminal history data by filling in the authorization form.
The information you request through the New Hampshire State Police will not be enough to provide the necessary information for an exhaustive background check for an employment background check.
It will only provide you with details on an applicant's criminal history within the state, and it will not provide information from any other jurisdiction.
A criminal record check also won't reveal crucial information regarding an applicant's work or educational level.
Employers may opt for a DIY method of conducting background checks. But, it could take weeks and expose incorrect information or is not in compliance with FCRA.
The best method for conducting background checks before you start work to be conducted in New Hampshire is to work with an experienced background check provider like The Koleman Group LLC.
We conduct thorough, accurate current and legal background checks for all employers in the state.
If I am an N.H. Employer, What Do I Ensure Compliance?
Maintaining compliance with federal and state laws when conducting background checks to apply for jobs in New Hampshire is critical. If you don't follow the law and regulations, you may be penalized or fined. You also may be accused of being sued by applicants.
Use these suggestions to stay on track.
- Do not hesitate to ask about Criminal History Information.
Although New Hampshire's ban-the-box law is only applicable to public employers, other states are considering adopting restrictions on the requirement to disclose criminal history records during the initial application phase.
It's an excellent idea to eliminate the questions regarding criminal records from your application and then wait to inquire about this kind of information later. Then, if you have to ask the applicant, you should only inquire to confirm if they have any convictions that are not annulled.
- Analyze Convictions Individually as They are related to the work.
If you find that a background check report reveals that the candidate has an arrest background, review the conviction(s) concerning the job they are considering.
Please don't decide to hire someone based on an investigation into their criminal record without assessing each individual.
- Give a Pre-Adverse Action Notification.
If you wish to deny the applicant an arrest or conviction record in the background check report, you need to send a pre-adverse notice.
The notice must you have to specify the disqualifying conviction, provide a copy of the criminal background report to the applicant, and offer an opportunity to clarify the details.
The clarified information could include evidence of rehabilitation, or the conviction record is incorrect.
- Send a Final Action Notice
If you follow the adverse action procedure and decide not to hire an applicant, you must send an official adverse action notice.
The applicant should give names and contact details of the CRA that performed the background check and a statement that the CRA did not make the hiring decision.
Then, you must inform the person applying for the job of his or his rights under the FCRA and New Hampshire state law.
How often should I Perform a Background Check in N.H.?
The frequency at which you conduct background checks on employees depends on the type of industry you are in. Therefore, it is essential to contact all employees who work in similar jobs with background screening.
Certain industries require regular screening of employees who are already employed because of the nature of their tasks.
For instance, trucking firms are required to run DOT-compliant screenings regularly and check the driver's driving records at least every year, as per Federal Motor Carrier Safety Administration rules.
Manufacturers regularly conduct regular drug tests on employees to minimize the risk of liability and accidents. Additionally, many businesses that assist the most vulnerable populations require regular screenings every few months to ensure that their customers or patients remain secure.
What Qualifies You for background checks within New Hampshire?
Many factors can make applicants unqualified for employment based on background checks within New Hampshire. The most frequently cited reasons that a job applicant could be disqualified for job opportunities are listed below.
Certain Criminal Convictions
Some criminal convictions do not render an applicant ineligible. For example, suppose an applicant has a criminal history that directly pertains to the job they have been applying for. In that case, the employer could choose not to hire the applicant because of that information.
False Information About Employment in the Past
Some applicants make up stories about their previous jobs or date of work. They may be lying about their previous jobs to hide gaps in their employment or claim to have more experience than they possess.
If an employer requests confirmation of employment on the pre-employment screen, one who has committed fraud will immediately be refused the job.
The Truth About Education
Similar to past jobs, a different subject that applicants are more likely to lie on resumes is their academic background. Again, false information about education could cause a rejection.
Bad Driving Record
Employers that employ employees for driving jobs are likely to refuse applicants with poor driving records. This is due to potential problems with liability and insurance.
failed drug tests
Many New Hampshire employers conduct pre-employment drug screenings as a condition for employment. If an applicant does not pass an examination for drugs, an employer has the right to refuse the job.
What is the Cost of Background Checks cost to be completed in New Hampshire?
If you request an investigation report on your criminal history at the New Hampshire State Police, you'll need to pay the fee of $25 per report. This type of report does not provide the other crucial information required to make the hiring process.
Some online vendors offer no-cost New Hampshire background checks. Avoid these businesses. They typically provide inaccurate, unreliable information that is not in compliance with the FCRA and other pertinent laws. Utilizing these kinds of vendors can expose you to legal action.
The most effective approach is to use an external third-party service like The Koleman Group LLC. We are fully compliant with the laws in force and have access to current, reliable databases. This lets us quickly provide trustworthy information to our clients.
You can also select only the kinds of reports you need, which means you don't pay for unnecessary data.
We have various kinds of background check reports from which you can select. If you need more than 50 reports per year, avail of our bulk discounts. Contact us today to receive no-obligation, free quotes.
What is the length of time a Background Check takes for New Hampshire?
The time it takes to get an employment background check report to come back depends on the method you choose to use. For example, if you attempt to collect the data yourself, it could take several weeks.
Employers must make quick hiring decisions and can't afford delays in background checks. This is another reason you should work in The Koleman Group LLC. Our sophisticated research techniques and vast resources enable us to provide our clients background check reports in just a few hours.
The Koleman Group LLC: Your trusted partner for quick, accurate, and Secure New Hampshire Background Checks
New Hampshire employment background checks should be an integral component of any employer's hiring procedure. Conducting thorough, legally-compliant background checks will help you minimize the risk of liability as well as protect your employees and customers.
We are The Koleman Group LLC. We have the expertise, training, research, and resources to conduct current precise, accurate background checks that are FCRA-compliant swiftly to the New Hampshire clientele.
Call The Koleman Group LLC now to learn more about how we can assist you with your background checks. We will also provide you with no-cost, no-obligation quotes.
Disclaimer: The information and resources offered in this article are meant to be educational only and are not legal advice. Contact your attorney should you have any legal questions concerning your specific practice and compliance with applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman