RSA 317-A:8-a · Criminal History Record Checks

317-A:8-a Criminal History Record Checks. –

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I.

Every applicant for initial permanent licensure or reinstatement shall submit to the office of professional licensure and certification a criminal history record information authorization form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record information, if any, to the office. [Paragraph II effective until July 1, 2026; see also paragraph II set out below.]

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II.

The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years. [Paragraph II effective July 1, 2026; see also paragraph II set out above.]

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II.

The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

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III.

The office shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office.

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IV.

The office shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.

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V.

The applicant shall bear the cost of a criminal history record check. Source. 2018, 316:4, eff. Aug. 24, 2018. 2019, 297:7, eff. July 1, 2019. 2024, 327:48, eff. July 1, 2024; 366:12, eff. July 1, 2026.

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