Bill > HB496

This bill, titled "Prohibiting public employers from using criminal history in employment decisions," aims to change how public employers in New Hampshire handle applicants' criminal records. Essentially, it prevents public employers from asking about or considering an applicant's criminal history during the initial stages of the hiring process, such as on the initial application or during the first interview. However, after a public employer has decided an applicant is otherwise qualified and has made a conditional job offer, they can then inquire about criminal records. This inquiry is restricted to felony convictions or conduct that would be considered a felony in New Hampshire, for up to 10 years after release from custody or sentencing, and misdemeanor convictions or conduct, for up to 5 years. When making employment decisions based on criminal history, employers must consider the nature of the crime and its relation to the job duties, evidence of rehabilitation and good conduct, and the time elapsed since the offense. Importantly, this bill includes exceptions, meaning it does not apply to police or fire departments, the department of corrections, other public safety agencies, or positions where federal or state law mandates or allows consideration of criminal history. Furthermore, the state will only do business with contractors who adopt similar written policies regarding background checks.