CHAPTER 275-H USE OF CRIMINAL RECORDS IN EMPLOYMENT DECISIONS
Section 275-H:2
275-H:2 Prohibition on Questions Relating to Criminal Records. –
I. Except as provided in paragraph II, no employer shall include a question on any application for employment, as to whether the applicant has ever been arrested, charged with, or convicted of any crime or violation, or adjudicated as a juvenile delinquent, except when the applicant is applying for:
(a) A position with, or related to, a law enforcement agency.
(b) A position that requires a standard fidelity bond or equivalent bond, where the applicant's conviction of a crime would disqualify the applicant from obtaining such a bond.
(c) Any other position that requires automatic disqualification of an applicant with a criminal history pursuant to federal or state law.
(d) A position with an employer who is contractually prohibited from employing any person with a criminal record.
II. An employer may inquire about an applicant's criminal history during an employment interview.