N.H. Rev. Stat. § 106-B:14

Current through Chapter 381 of the 2024 Legislative Session

Section 106-B:14 - Criminal Records, Reports; National Crime Prevention and Privacy Compact

I. With the approval of the commissioner of safety, the director shall adopt rules under RSA 541-A as may be necessary to secure records and other information relative to persons who have been convicted of a felony, misdemeanor, or violation within the state, or who are known to be habitual criminals, or who have been placed under arrest in criminal proceedings. The term "violation" as used in this section shall apply only to violations committed under title LXII. The division shall maintain public criminal history record information in an electronic database. Notwithstanding RSA 91-A, records and other information secured by the director under this section, including but not limited to dissemination logs, shall not be disclosed to any individual or public or private agency except as follows:

(a) Law enforcement personnel may request and receive any information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.

(b) Any individual may request and receive, for a fee, a copy of his or her own criminal history record information.

(c)

(1) Any person may, for a fee, obtain the public criminal history record information on another person.

(2) A person who is authorized by statute may, for a fee, obtain criminal history record information for the purpose of complying with such statute.

(3) The division shall not require notarization on any form prior to the release of public criminal history record information under subparagraph (c)(1).

(d) An employee of or person under contract to the state of New Hampshire to whom such disclosure of information is necessary in connection with the processing, storage, and transmission of such information, or the programming, repair, maintenance, testing, or procurement of equipment used to process, store, or transmit such information may have access to such information.

(e) A consumer reporting agency subject to and complying with the requirements of 15 U.S.C. section 1681, et seq., conducting employment screening services, including the screening of independent contractors, may request and receive a copy of the state criminal conviction record for a felony, misdemeanor, or violation of a candidate being screened for employment purposes or as an independent contractor.

(f) A court may request and receive a copy of the public criminal history record information of a proposed guardian and any household member, in conjunction with a petition for guardianship of a minor pursuant to RSA 463 or a petition for guardianship of an incapacitated person pursuant to RSA 464-A, who has provided a signed authorization electronically or otherwise under the penalty of perjury and the authorization document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both."

(g) The clerks of the superior and circuit courts, or if there is no clerk the justice thereof, sheriffs, deputy sheriffs, police officers, probation and parole officers, and superintendents of the county departments of corrections shall secure and forward to the director all such information as he or she may direct relative to persons brought before said courts or arrested or in the custody of such officers.

I-a.

(a) No individual, or public or private agency receiving confidential criminal history record information from the division shall resell, rent, trade, transfer, make available, or otherwise disclose such information to another person for any purpose.

(b) The state of New Hampshire and its officials, employees, or agents shall not be liable for the improper use, disclosure, or inaccuracy of conviction record information provided to a requesting individual or public or private agency under the provisions of this section.

(c) The director, after notice and opportunity for hearing, may prohibit any individual or public or private agency from requesting or receiving confidential criminal history information from the division if such individual or public or private agency resells, rents, trades, transfers, makes available, or otherwise discloses such information to another in violation of this section or any rule adopted thereunder.

(d) Public criminal history record information received from the division shall be the official source of certified criminal history records for employment and licensing purposes.

I-b. Any person violating the provisions of this section or any rules adopted under RSA 541-A, shall be guilty of a misdemeanor for each offense.

II. The director shall submit an annual report to the general court relative to domestic assaults based on the records and information acquired pursuant to RSA 106-B:14, I. The report shall be a compilation of the number of assaults on family or household members and other such data as the director may deem appropriate.

III.

(a) The general court hereby approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. sections 14611-14616, as it existed on January 1, 2002, and the compact shall remain in effect until legislation is enacted renouncing or rescinding the compact.

(b) Criminal history information shall be made available according to the provisions of the National Crime Prevention and Privacy Compact.

(c) The commissioner of the department of safety shall execute, administer, and implement the compact on behalf of the state, and may adopt rules, pursuant to RSA 541-A, as necessary for the national exchange of criminal history records for noncriminal justice purposes.

(d) Nothing in this paragraph shall alter the duties and responsibilities of the commissioner of the department of safety regarding the dissemination of criminal history records within the state of New Hampshire.

RSA 106-B:14

Amended by 2019 , 297: 2, eff. 7/1/2019.

Amended by 2018 , 173: 1, eff. 8/7/2018.

Amended by 2017 , 39: Secs.1, 2eff. 7/8/2017.

Amended by 2015 , 153: 2, Sec.3eff. 9/10/2015.

1937, 134:15. RL 145:14. RSA 106:15. 1961, 166:4. 1973, 531:21. 1979, 377:3. 1987, 124:6, I(f)(1). 1988, 89:14. 1991, 323:2. 2003, 190 : 1 , 2. 2006, 137 : 1 , eff. July 21, 2006. 2015, 153 : 2 , 3, eff. Sept. 10, 2015. 2017, 39 : 1 , 2, eff. July 8, 2017. 2018, 173 : 1 , eff. Aug. 7, 2018. 2019, 297 : 2 , eff. July 1, 2019.