- Can You Expunge a Felony in New Hampshire?
- How to Remove Your Criminal Record
- Do Misdemeanors Show Up On Background Checks
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- Expungement Forms and Guides
Generally, most state law prohibits the use of past crimes or arrest records as a factor against you in a hiring decision unless it is in some way relevant to the job position, or if your conviction bans your from working in that particular field. In some cases, the use of criminal records in a hiring decision may be discriminatory. If you think your rights may have been violated, you should contact a lawyer licensed in your state.
The campaign has been growing with over counties and cities adopting Ban the Box style laws and 30 states. The following states have some form of Ban the Box laws:. Ten states have mandated the removal of conviction history questions from job applications for private employers:. Because this is a relatively new campaign, there is still debate as to whether it truly removes the bias associated with hiring individuals with criminal records.
Many studies have found that these types of policies do not prevent a bias because employers are still likely to have a bias towards those they believe may have a criminal record. This opens the doors to new issues such as racial discrimination; however, both sides believe that this campaign does more good than harm.
If the chart below indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control arrest and conviction records.
Can You Expunge a Felony in New Hampshire?
Call your state department of labor for more information. It includes citations to statutes and agency websites, as available. Many states allow or require private sector employers to run background checks on workers, particularly in fields like child care, elder care, home health care, private schools, private security, and the investment industry. State law may forbid hiring people with certain kinds of prior convictions, depending on the kind of job or license involved.
How to Remove Your Criminal Record
There might be a law about your particular industry, though. The agency guidelines are designed to help employers comply with state and federal law. Rights of employees and applicants: Unless the offense has a reasonable relationship to the occupation, an occupational license may not be denied solely on the basis of a felony or misdemeanor conviction. Rules for employers: May not inquire about arrest for civil or military disobedience unless it resulted in conviction.
Rights of employees and applicants: May not be required to disclose any information in a sealed record; may answer questions about arrests or convictions as though they had not occurred. Rules for employers: State policy encourages hiring qualified applicants with criminal records. If an employment application form contains any question concerning criminal history, it must include a notice in clear and conspicuous language that 1 the applicant is not required to disclose the existence of any arrest, criminal charge, or conviction, the records of which have been erased; 2 defining what criminal records are subject to erasure; and 3 any person whose criminal records have been erased will be treated as if never arrested and my swear so under oath.
Rights of employees and applicants: May not be asked to disclose information about a criminal record that has been erased; may answer any question as though arrest or conviction never took place. May not be discriminated against in hiring or continued employment on the basis of an erased criminal record. If conviction of a crime has been used as a basis to reject an applicant, the rejection must be in writing and specifically state the evidence presented and the reason for rejection.
Rights of employees and applicants: Do not have to disclose an arrest or conviction record that has been expunged. Rights of employees and applicants: May not be disqualified to practice or pursue any occupation or profession that requires a license, permit, or certificate because of a prior conviction, unless it was for a felony or first-degree misdemeanor and is directly related to the specific line of work.
If an adverse employment decision is made on the basis of the record, must disclose all information in the record to the employee or applicant and tell how it affected the decision. Rights of employees and applicants: Probation for a first offense is not a conviction; may not be disqualified for employment once probation is completed.
Rights of employees and applicants: If an arrest or conviction has been expunged, may state that no record exists and may respond to questions as a person with no record would respond. Rules for employers: It is a civil rights violation to ask about an arrest or criminal history record that has been expunged or sealed, or to use the fact of an arrest or criminal history record as a basis for refusing to hire or to renew employment.
Law does not prohibit employer from using other means to find out if person actually engaged in conduct for which they were arrested. Rules for employers: Cannot require an employee to inspect or challenge a criminal record in order to obtain a copy of the record, but may require an applicant to sign a release to allow employer to obtain record to determine fitness for employment.
Employers can require access to criminal records for specific businesses. Rights of employees and applicants: Prior conviction cannot be used as a sole basis to deny employment or an occupational or professional license, unless conviction is for a felony and directly relates to the job or license being sought. Special situations: Protection does not apply to medical, engineering and architecture, or funeral and embalming licenses, among others listed in the statute.
Rights of employees and applicants: A conviction is not an automatic bar to obtaining an occupational or professional license. Only convictions that directly relate to the profession or occupation, that include dishonesty or false statements, that are subject to imprisonment for more than 1 year, or that involve sexual misconduct on the part of a licensee may be considered. Agency guidelines for preemployment inquiries: The Maine Human Rights Commission, "Pre-employment Inquiry Guide" , suggests that asking about arrests is an improper race-based question, but that it is okay to ask about a conviction if related to the job.
Rules for employers: May not inquire about any criminal charges that have been expunged. May not use a refusal to disclose information as sole basis for not hiring an applicant. Rights of employees and applicants: Need not refer to or give any information about an expunged charge. Laws ch. Code tit. Rules for employers: May not request information on any arrests or misdemeanor charges that did not result in conviction. Rights of employees and applicants: Employees or applicants are not making a false statement if they fail to disclose information they have a civil right to withhold.
Rules for employers: State policy encourages the rehabilitation of criminal offenders; employment opportunity is considered essential to rehabilitation. Rights of employees and applicants: No one can be disqualified from pursuing or practicing an occupation that requires a license, unless the crime directly relates to the occupation. Even if the crime does relate to the occupation, a person who provides evidence of rehabilitation and present fitness cannot be disqualified.
Rules for employers: After one year from date of arrest, may not obtain access to information regarding arrests if no charges are completed or pending. Special situations: State Gaming Board may inquire into sealed records to see if conviction relates to gaming. Employers must certify that they will provide sufficient time for applicant to challenge, correct, or complete record, and will not presume guilt for any pending charges or court actions.
Rights of employees and applicants: Applicant who is disqualified for employment based on criminal record must be given adequate notice and reasonable time to confirm or deny accuracy of information.
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Special situations: There are specific rules for casino employees, longshoremen and related occupations, horse racing, and other gaming industry jobs. For a license, permit, or other authority to engage in any regulated trade, business, or profession, a regulating agency may consider convictions for felonies and for misdemeanors involving moral turpitude. Such convictions cannot be an automatic bar to authority to practice in the regulated field, though.
Rights of employees and applicants: Upon request, applicant must be given, within 30 days, a written statement of the reasons why employment was denied. Rules for employers: May obtain records of convictions or of criminal charges adults only occurring in the past three years, provided the information has not been purged or sealed. Rules for employers: May not inquire into any sealed convictions or sealed bail forfeitures, unless question has a direct and substantial relation to job.
Do Misdemeanors Show Up On Background Checks
Rights of employees and applicants: May not be asked about arrest records that are sealed; may respond to inquiry as though arrest did not occur. Rules for employers: May not inquire into any criminal record that has been expunged. Rights of employees and applicants: If record is expunged, may state that no criminal action ever occurred. May not be denied employment solely for refusing to disclose sealed criminal record information. Rules for employers: Before requesting information, employer must notify employee or applicant; when submitting request, must tell State Police Department when and how person was notified.
Rights of employees and applicants: Before State Police Department releases any criminal record information, it must notify employee or applicant and provide a copy of all information that will be sent to employer. Notice must include protections under federal civil rights law and the procedure for challenging information in the record.
Record may not be released until 14 days after notice is sent. Rights of employees and applicants: Must be informed in writing if refusal to hire is based on criminal record information. Agency guidelines for preemployment inquiries: Pennsylvania Human Relations Commission. Rights of employees and applicants: Do not have to disclose any conviction that has been expunged.
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Rules for employers: Only employers who provide care for children, the elderly, and the disabled or who run postsecondary schools with residential facilities may obtain criminal record information from the state Criminal Information Center. May obtain record only after a conditional offer of employment is made and applicant has given written authorization on a signed, notarized release form.
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Rights of employees and applicants: Release form must advise applicant of right to appeal any of the findings in the record. Rules for employers: May not require an applicant to disclose information about any criminal charge that has been expunged.
Expungement Forms and Guides
Rights of employees and applicants: Need not refer to any expunged charges if asked about criminal record. Code Ann. Rights of employees and applicants: If a conviction record is cleared or vacated, may answer questions as though the conviction never occurred. A person convicted of a felony cannot be refused an occupational license unless the conviction is less than 10 years old and the felony relates specifically to the occupation or business. Special situations: Employers are entitled to obtain complete criminal record information for positions that require bonding, or that have access to trade secrets, confidential or proprietary business information, money, or items of value.
Consider the nature and recentness of the conviction and evidence of rehabilitation. Include a disclaimer that a conviction is not necessarily a bar to employment. Rules for employers: It is a violation of state civil rights law to discriminate against an employee on the basis of a prior arrest or conviction record. Special situations: Employers are entitled to obtain complete criminal record information for positions that require bonding and for burglar alarm installers.