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