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Conducting Criminal Record Checks in New Hampshire

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in New Hampshire are permitted or required to conduct criminal record checks in accordance with these rules.

Prospective employees with school administrative units, school districts, or charter schools are subject to a state and national criminal records check. A prospective employee will not be eligible for employment if found to be convicted of:

  • murder
  • child pornography
  • aggravated felonious sexual assault
  • felonious sexual assault
  • kidnapping

The criminal background check requirement also applies to private businesses and agencies that contract with school administrative units, school districts or charter schools to provide services where the contractor or employees of the contractor would have direct contact with student (i.e. cafeteria workers, school bus drivers, or custodial personnel).

Child day care providers who are required to be licensed must submit to the Department of Health and Human Services, within 30 days of their arrival, the names, birth names, birth dates and addresses of staff, household members, and others who will have regular contact with the children.

Long-term care facility, home health care, residential care, and certain personal care services employees are required to undergo a criminal history records check as a condition of employment.

Employers of programs which are licensed, certified, or funded by the Department of Health and Human Services to provide services to individuals are required before hiring a prospective employee who may have client contact to submit his or her name for review against the registry of founded reports of abuse, neglect, and exploitation to determine whether the person is on the registry.

The employer may not hire the prospective employee if the person is listed on the registry with a founded case of abuse, neglect, or exploitation, unless the employer requests and obtains a waiver from the department to hire the person.

An individual hiring a caregiver directly, or through an authorized representative or fiscal intermediary, to provide personal care services, may with the consent of the prospective employee, submit the prospective employee's name for review against the registry and if the prospective employee is on the registry, and with further permission of the employee, obtain information about any founded case. The individual is not required in such situations to obtain a waiver prior to hiring a person on the registry.

Applicants selected for employment with a home health care provider where the scope of employment includes the provision of services in a client's home or otherwise involves direct contact with a client, must submit to the employer a notarized criminal conviction record release authorization form which authorizes the release of his or her criminal conviction record to the facility.

A home health care provider must submit the notarized criminal conviction record release authorization form to the division of state police after an applicant accepts a conditional offer of employment. The licensed home health care provider must then review the results of the criminal conviction record check before making a final offer of employment.

The cost of criminal conviction record checks for applicants is borne by the home health care provider, provided that the home health care provider may require an applicant to pay the actual cost of the criminal conviction record check. The home health care provider must maintain the confidentiality of all criminal conviction records received pursuant to this section.

Individuals applying for or renewing a nursing license are required to undergo a criminal history records check as a requirement of licensure.

For the duration of licensure or certification an individual selected for employment with any health care facility or entity required to be licensed or certified is to submit to the employer a notarized criminal conviction record release authorization form, including volunteers. Volunteers do not include any person admitted to a facility or entity or who resides in an affiliated corporate entity that is an integral part of the same community.

New Hampshire has adopted the National Crime Prevention and Privacy Compact.

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