RSA 328-J:7-a · Criminal History Record Checks

328-J:7-a Criminal History Record Checks. –

Copy link

I.

The executive director shall require criminal background checks for initial licensure, reinstatement of licensure or temporary licensure using a criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the executive director. [Paragraph I(a) effective until July 1, 2026; see also paragraph I(a) set out below.]

Copy link

(a)

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 executive director 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 I(a) effective July 1, 2026; see also paragraph I(a) set out above.]

Copy link

(a)

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 executive director 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.

Copy link

(b)

The executive director 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 public conviction criminal history records to the executive director.

Copy link

II.

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

Copy link

III.

The applicant shall bear the cost of all criminal history record checks.

Copy link

IV.

The executive director shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks. Source. 2020, 37:90, eff. Sept. 27, 2020. 2022, 104:5, eff. July 26, 2022. 2024, 366:18, eff. July 1, 2026.

Copy link