New Hampshire's credit reporting law also covers background checks, but with a large exception. RSA 359-B:5 generally bars reporting arrest, indictment or conviction records more than seven years old. That limit does not apply to reports used for jobs paying $20,000 a year or more. For most full-time jobs, then, New Hampshire's limit adds little beyond the federal FCRA. The FCRA has no time limit for convictions and a seven-year limit for arrests on jobs paying under $75,000.
New Hampshire's annulment law, RSA 651:5, is the main way to keep old records off background checks. Many convictions can be annulled after waiting periods. These run from one year for some motor vehicle violations to 10 years for class A felonies, and violent crimes are excluded. Under current law, arrest and court records in cases that end in a not-guilty finding or dismissal are generally annulled 30 days later if there is no appeal. After annulment, you are treated as if never arrested or convicted. Employers may only ask about arrests or convictions that have not been annulled. RSA 651:5 says no one faces state penalties for failing to remove a report of an annulled record. A background report that shows an annulled record as current may still be inaccurate under the FCRA.
The National Employment Law Project lists a New Hampshire fair-chance hiring policy for public employers only, and private employers are not covered. New Hampshire has no separate tenant screening statute, so renters rely mainly on the FCRA.
Where New Hampshire FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from New Hampshire are heard in one federal district:
- District of New HampshireCourthouses: Concord.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
New Hampshire laws that add to the FCRA
- Seven-year limit with salary exception (RSA 359-B:5)
Bars reporting arrest, indictment or conviction records more than seven years old, except for reports used for jobs paying $20,000 or more a year and certain large credit and insurance transactions. Read it - New Hampshire annulment of criminal records (RSA 651:5)
Allows annulment of many convictions after waiting periods and annuls non-conviction arrest records. Employers may only ask about arrests or convictions that have not been annulled, and a person with an annulled record is treated as never arrested or convicted, with limited exceptions. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can a New Hampshire employer ask about an annulled conviction?
No. Under RSA 651:5, an employer may only ask about arrests or convictions that have not been annulled by a court. A person with an annulled record is generally treated as if never arrested or convicted, with limited exceptions such as sentencing for a later crime.
Does New Hampshire's seven-year rule keep old convictions off my background check?
Often not. RSA 359-B:5 has a seven-year limit on criminal records, but it does not apply to jobs paying $20,000 a year or more. Annulment under RSA 651:5 is usually the more effective way to keep an old conviction from being used against you.
My New Hampshire record was annulled but still shows up on a background check. What can I do?
You can dispute the item with the background check company and send a copy of the annulment order. The company must reinvestigate under the FCRA. Reporting an annulled record as current may be inaccurate, and you may have an FCRA claim if it is not fixed.
How long do I have to file an FCRA lawsuit in New Hampshire?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- RSA Chapter 359-B table of contents (New Hampshire General Court)
- RSA 359-B:5 (New Hampshire General Court)
- RSA 359-B:24 (New Hampshire General Court)
- RSA 359-B:27 (New Hampshire General Court)
- RSA 359-B:28 (New Hampshire General Court)
- RSA 651:5 (New Hampshire General Court)
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FTC)
- U.S. District Court for the District of New Hampshire
Updated November 2026. This page is general information, not legal advice.