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How to read a Criminal History Record

Credentialing Help Desk Knowledge Base

How to read a Criminal History Record

    Many applicants will not have any criminal history, but when an applicant does have a prior criminal history, it is important to be able to accurately interpret and understand the criminal history record. When receiving and reviewing an individual’s criminal history record, it is important to remember a few key items:

    • Two pieces of information make up an individual’s criminal history—(1) FBI background check for out-of-state convictions and (2) New Hampshire Criminal History Record;

    • If the individual does not have a criminal history, the document should state “No Criminal Record Found.”

    •  If there is a criminal history, the criminal histories are listed from newest to oldest based upon when the individual was fingerprinted.

     

    A Criminal History Record is organized into five (5) general sections:

    (1)   Personal Identification Information— Displays the individual’s full name, date of birth, and physical descriptors to include any alias names, scars, marks, and tattoos.  This information helps to ensure that the individual is accurately identified.

    (2)   Arrest Information— Lists all arrests to include the date, the arresting agency, location and charge.  *An arrest is NOT a conviction.

    (3)   Charging Information— Shows the formal charges as brought by the prosecutor (*these charges may differ from the initial arrest charge).  In New Hampshire, Charges will either be labeled as “Misdemeanor” or “Felony” and designated as either “Class A” or “Class B”.  In New Hampshire, Misdemeanors are handled in the NH Circuit Court and Felonies are handled in the Superior Court.

    (4)   Court Disposition Information— Details the outcome of each charge, including the court name, case number, date of disposition, and the final disposition of the charge.  (i.e. whether the individual was convicted, acquitted, or if the charges were dismissed, aka “nolle prosequi”) *If a misdemeanor conviction came from Superior Court it is indicative of a plea deal.

    (5)   Sentencing Information—If there is a conviction, then this area will contain the penalty that was imposed—this can include incarceration, fines or probation.    

     

    In accordance with RSA 189:13-a, V, any person who has been charged pending disposition for or convicted of any violation or attempted violation of the following offenses cannot be employed in a school district, charter public school or public academy:

     

    RSA 630:1—Capitol Murder

    RSA 630:1-a—First Degree Murder

    RSA 630:1-b—Second Degree Murder

    RSA 630:2—Manslaughter

    RSA 630:3—Negligent Homicide

    RSA 631:1—First Degree Assault

    RSA 631:2—Second Degree Assault

    RSA 631:2-b—Domestic Violence

    RSA 632-A:2—Aggravated Felonious Sexual Assault

    RSA 632-A:3—Felonious Sexual Assault

    RSA 632-A:4—Sexual Assault (misdemeanor level)

    RSA 633:1—Kidnapping

    RSA 633:7—Trafficking in Persons (Human Trafficking)

    RSA 636:1—Robbery

    RSA 638:1—Forgery

    RSA 638:15-a—False Academic Documentation

    RSA 639:2—Incest

    RSA 639:3—Endangering the Welfare of Child or Incompetent

    RSA 645:1, II or III—Indecent Exposure and Lewdness

    RSA 645:2—Prostitution and Related Offenses

    RSA 649-A:3—Possession of Child Sexual Abuse Images

    RSA 649-A:3-a—Distribution of Child Sexual Abuse Images

    RSA 649-A:3-b—Manufacture of Child Sexual Abuse Images

    RSA 649-B:3—Computer Pornography and Child Exploitation Prevention

    RSA 649-B:4—Certain Uses of Computer Services Prohibited

    RSA 650:2—Obscene Matter Offenses

    RSA 318-B:2—Felony level Possession of a Controlled Drug with Intent to Sell (w/in the last 10 years)