Does the $20,000 salary threshold really matter?

For most job seekers, no. Since New Hampshire's minimum wage puts most full-time earnings above $20,000/year, the 7-year lookback effectively doesn't apply to the vast majority of positions. If you're applying for a full-time job, assume your full conviction history may be visible to potential employers.

What is annulment in New Hampshire?

Annulment is New Hampshire's version of expungement. Under RSA 651:5, eligible individuals can petition the court to annul their criminal record. Once annulled, the record is removed from public access and you can legally state that you have no criminal record for most purposes. The waiting period and eligibility depend on the type of offense.

What offenses are eligible for annulment in New Hampshire?

Most misdemeanors and violations are eligible for annulment after a waiting period. Some felonies are also eligible. The waiting periods are typically: violations after 1 year, misdemeanors after 3-5 years, and eligible felonies after 5-10 years after completion of the sentence. Certain serious offenses — including violent crimes, sexual offenses, and DWI — have longer waiting periods or may not be eligible at all.

Can a New Hampshire employer ask about criminal history on a job application?

Private employers can ask at any point, including on the application. New Hampshire's ban-the-box policy applies only to state government employers. If you're applying for a private sector job, you may encounter criminal history questions right away.

Will an annulled record show up on a New Hampshire background check?

No. Once a record is annulled, it should not appear on standard background checks. The record is removed from public access, and you are legally permitted to answer that you have no criminal record when asked — with limited exceptions for law enforcement and certain licensing contexts.

Does New Hampshire have a Clean Slate law?

No. New Hampshire does not have an automatic record sealing or Clean Slate law as of early 2026. The annulment process is petition-based, meaning you must actively file with the court and meet eligibility requirements. There are no current legislative efforts for automatic sealing.

How do I apply for annulment in New Hampshire?

You file a petition with the court in the jurisdiction where you were convicted. You'll need to provide information about the offense, your sentence, and documentation showing the waiting period has elapsed. The court and the county attorney's office will review the petition. A hearing may be scheduled. Many legal aid organizations can help with the paperwork at no cost.

New Hampshire Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

New Hampshire has a 7-year lookback on convictions, but only for jobs paying under $20,000/year — most employers can see your full conviction history. Ban-the-box applies to public employers only. No Clean Slate law, but limited annulment is available for certain offenses.

Overview

New Hampshire has a technically 'mixed' background check regime. The state has a 7-year lookback limit on criminal convictions, but it only applies to positions paying under $20,000 per year (N.H. Rev. Stat. § 359-B:5), making it effectively meaningless for most jobs. For positions paying $20,000 or more — which includes nearly all full-time employment — convictions can be reported indefinitely. New Hampshire has a ban-the-box policy for public employers only and no Clean Slate law. The state does offer limited annulment (the New Hampshire term for expungement) for certain offenses, which can provide meaningful relief when available.

How Far Back Does a Background Check Go in New Hampshire?

Record Type	Rule in New Hampshire
Felony Convictions	Same as convictions. Felonies can be reported indefinitely for positions paying $20,000/year or more. For the rare position paying less, felony convictions older than 7 years cannot be reported.
Misdemeanor Convictions	Same as convictions. The 7-year limit applies only to positions paying under $20,000/year. For most jobs, misdemeanor convictions can be reported without time limit.
All Convictions	7-year limit applies ONLY for positions paying under $20,000/year (N.H. Rev. Stat. § 359-B:5). For jobs paying $20,000 or more — which includes nearly all full-time positions — convictions can be reported indefinitely. This salary threshold makes the 7-year limit effectively meaningless for most job seekers.
Arrests (No Conviction)	Non-conviction arrest records are limited to 7 years under the federal FCRA (15 U.S.C. § 1681c(a)(2)). New Hampshire does not impose additional state-level restrictions on arrest record reporting beyond the federal standard.
Pending Cases	Pending criminal cases can generally be reported since the FCRA does not restrict pending matters and New Hampshire law does not specifically prohibit their inclusion.
Salary Threshold	$20,000/year. If the position pays $20,000 or more annually, the 7-year lookback does not apply and convictions can be reported indefinitely.

Ban the Box / Fair Chance

Yes

New Hampshire has a ban-the-box policy for state government employers. State agencies cannot ask about criminal history on the initial employment application for most positions. This policy does NOT extend to private employers, who remain free to ask about criminal history at any point in the hiring process.

Effective: 2014-06-06

Clean Slate / Auto-Sealing

No Clean Slate law

New Hampshire does not have a Clean Slate (automatic record sealing) law. There is no automatic process for sealing or expunging criminal records. New Hampshire uses the term 'annulment' instead of expungement, and offers limited annulment for certain offenses under RSA 651:5. Annulment is a petition-based process that requires court approval.

What Employers Can Do in New Hampshire

When can employers ask about criminal history?: State government employers cannot ask on the initial application. Private employers can ask about criminal history at any point in the hiring process, including on the initial job application. There are no state-level timing restrictions for private employers.
What can they consider?: Employers can consider conviction history without time limitation for positions paying $20,000/year or more. For lower-paying positions, only convictions within the past 7 years. Annulled records should not appear on background checks and cannot be considered. Federal anti-discrimination law (Title VII) still applies — blanket exclusions based on criminal history may constitute illegal discrimination.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in New Hampshire

New Hampshire Consumer Credit Reporting (N.H. Rev. Stat. § 359-B:5)
Restricts reporting of criminal convictions to 7 years for positions paying under $20,000/year. For positions at or above $20,000/year, convictions may be reported indefinitely.
New Hampshire Annulment Statute (RSA 651:5)
Allows individuals to petition for annulment of criminal records. Waiting periods and eligibility vary by offense type. Annulment removes the record from public access and allows the person to state they have no criminal record for most purposes.
Executive Order (Ban-the-Box for State Employers)(2014)
Removes criminal history questions from initial state employment applications. Does not apply to private employers or positions where background checks are legally required.
Federal Fair Credit Reporting Act (15 U.S.C. § 1681)
Federal baseline for background check reporting. New Hampshire's state law adds the salary-based lookback provision but otherwise largely follows federal defaults.

Frequently Asked Questions — New Hampshire

How far back does a background check go in New Hampshire?: It depends on the salary of the position. For jobs paying under $20,000/year, consumer reporting agencies can only report convictions from the past 7 years. For jobs paying $20,000 or more — which covers nearly all full-time positions — there is no time limit and convictions can be reported indefinitely.
Does the $20,000 salary threshold really matter?: For most job seekers, no. Since New Hampshire's minimum wage puts most full-time earnings above $20,000/year, the 7-year lookback effectively doesn't apply to the vast majority of positions. If you're applying for a full-time job, assume your full conviction history may be visible to potential employers.
What is annulment in New Hampshire?: Annulment is New Hampshire's version of expungement. Under RSA 651:5, eligible individuals can petition the court to annul their criminal record. Once annulled, the record is removed from public access and you can legally state that you have no criminal record for most purposes. The waiting period and eligibility depend on the type of offense.
What offenses are eligible for annulment in New Hampshire?: Most misdemeanors and violations are eligible for annulment after a waiting period. Some felonies are also eligible. The waiting periods are typically: violations after 1 year, misdemeanors after 3-5 years, and eligible felonies after 5-10 years after completion of the sentence. Certain serious offenses — including violent crimes, sexual offenses, and DWI — have longer waiting periods or may not be eligible at all.
Can a New Hampshire employer ask about criminal history on a job application?: Private employers can ask at any point, including on the application. New Hampshire's ban-the-box policy applies only to state government employers. If you're applying for a private sector job, you may encounter criminal history questions right away.
Will an annulled record show up on a New Hampshire background check?: No. Once a record is annulled, it should not appear on standard background checks. The record is removed from public access, and you are legally permitted to answer that you have no criminal record when asked — with limited exceptions for law enforcement and certain licensing contexts.
Does New Hampshire have a Clean Slate law?: No. New Hampshire does not have an automatic record sealing or Clean Slate law as of early 2026. The annulment process is petition-based, meaning you must actively file with the court and meet eligibility requirements. There are no current legislative efforts for automatic sealing.
How do I apply for annulment in New Hampshire?: You file a petition with the court in the jurisdiction where you were convicted. You'll need to provide information about the offense, your sentence, and documentation showing the waiting period has elapsed. The court and the county attorney's office will review the petition. A hearing may be scheduled. Many legal aid organizations can help with the paperwork at no cost.

New Hampshire Resources

New Hampshire Judicial Branch — Annulment Information
Official New Hampshire courts page with forms, instructions, and eligibility information for annulment of criminal records.
New Hampshire Legal Aid — Criminal Records
Free legal assistance for low-income New Hampshire residents, including help with annulment petitions and understanding criminal record rights.
New Hampshire Department of Safety — Criminal Records
Request your New Hampshire criminal history record to see what appears on your background and identify any errors.
603 Legal Aid
Provides free legal information and referrals for New Hampshire residents, including guidance on criminal record issues.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in New Hampshire for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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