Criminal Records FAQs

Frequently asked questions about criminal records.

Can I request a Criminal History Record by telephone, online, or fax?

Yes, requests can be made through our online portal, or by mailing in a request or visiting our Criminal Record Unit public counter in person.

What criminal convictions would disqualify for employment of licensing?

The state police Criminal Records Unit does not make fitness determinations. Disqualifiers for employment or professional licensing are made by the hiring agency/entity or licensing board.

When I request a New Hampshire CHRI does that also include an inquiry to all the other states?

No, it only includes criminal convictions for offenses committed in New Hampshire.

How do I obtain a nationwide (FBI) CHRI check?

An FBI CHRI request is restricted to a federal Public Law 92-544 statute enacted in New Hampshire for a specific purpose. Examples would be education, banking, nursing, etc. Please refer to the listing of these statutes on the website.

Why do I need to have my fingerprints taken for an FBI CHRI check?

The FBI CHRI database is strictly fingerprint image supported, and the applicant’s fingerprints are needed to do a comparable search for a match with any existing criminal fingerprint impressions.

Are my fingerprints that are taken for employment or professional licensing kept and made available for future applications?

No. New Hampshire has no statutory authority to store applicant fingerprint images.  The images are destroyed upon a search of the FBI CHRI database.

If I have my fingerprints taken for a CHRI check (Ex. A teaching position) and I also want to seek employment in another profession (Ex. Child care) can the results of the first CHRI check be shared with the second?

No, they are two separate purposes under two separate laws requiring the CHRI check and are not mutually compatible. A second submission will be required.

How long is my CHRI check valid?

Technically, only at the time it is requested and received.

How long does it take to receive my CHRI?

Online requests will typically generate results instantly (in 1 business day). However, there are times when the results need to be reviewed before dissemination. This can take up to a week to complete an email notification will be sent once the results are processed.

Mailed requests can take 3-5 days to process once received. Keep in mind the transit time for the mail to & from our agency.

Walk-in requests can be made at our Criminal Record Unit Public Counter, 33 Hazen Dr., First Floor, Concord, NH 03305 location. 

How do I challenge the results of my NH criminal conviction check?

Saf-C 5703.12 Procedure for Correcting a CHRI.
 
          (a)  Persons or their attorneys desiring access to their CHRI for the purpose of challenge or correction shall appear at the central repository.
 
          (b)  A copy shall be provided to a person if after review he or she indicates he or she needs the copy to pursue the challenge.
 
          (c)  Any person making a challenge shall identify that portion of his/her CHRI which he or she believes to be inaccurate or incorrect, and shall also give a correct version of his or her record with an explanation of the reason that he or she believes his/her version to be correct.
 
          (d)  The director shall take the following actions within 30 days of receipt of challenge:
 
(1)  Review the records and contact the law enforcement agency or court which submitted the record to compare the information to determine whether the challenge is valid;
 
(2)  If the challenge is valid, which means there is a discrepancy between the information submitted and the information maintained by the law enforcement agency or court, the record shall be corrected and the person and appropriate CJAs shall be notified; and
 
(3)  If the challenge is invalid, the person shall be so informed.
 
          (e)  When a record has been corrected, the division shall notify all non-criminal justice agencies, to whom the data has been disseminated in the last year, of the correction.
 
          (f)  The person shall be entitled to review the information that records the facts, dates, and results of each formal stage of the criminal justice process through which he passes, to ensure that all such steps are completely and accurately recorded.
 

How do I challenge the FBI fingerprint record that the authorized agency received?

Procedure to obtain change, correction or updating of identification records §16.34 
If, after reviewing his/her identification record, the subject thereof believes that it is incorrect or incomplete in any respect and wishes changes, corrections or updating of the alleged deficiency, he/she should make application directly to the agency which contributed the questioned information. The subject of a record may also direct his/her challenge as to the accuracy or completeness of any entry on his/her record to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306. The FBI will then forward the challenge to the agency which submitted the data requesting that agency to verify or correct the challenged entry. Upon the receipt of an official communication directly from the agency which contributed the original information, the FBI CJIS Division will make any changes necessary in accordance with the information supplied by that agency. 
[Order No. 1134-86, 51 FR 16677, May 6, 1986, as amended by Order No. 2258-99, 64 FR 52226, Sept. 28, 1999] 
 

National Incident Based Reporting System

How is the FBI counting everything in NIBRS?

The NIBRS Handbook, page 29, states, "For counting purposes, one offense is counted for each victim of a “Crime Against Person", on offense is counted for each distinct operation for "Crime Against Property" (except motor vehicle theft, where one offense is counted for each stolen vehicle); and one offense is counted for each "Crime Against Society".

Why are victims counted instead of incidents or offenses?

In order to maintain the time series for the Historical Crime Index Offenses victims are counted in Crimes against Persons. This in no way prevents users from examining data by the number of incidents as long as it is recognized that a single incident may have multiple victims. You may look at the first publication of national totals using 2012 NIBRS showing incident, offense and victim counts.

How is shoplifting reported in NIBRS?

For NIBRS an offender has completed the act of shoplifting following the exiting of a particular business with the stolen items. The IBR code reported would be 23C and the crime is deemed "Completed". The property loss code is 7=Stolen and the most appropriate property description code of the stolen property is entered.

If a subject is apprehended with items he has taken while still in the store, the reported NIBRS offense is still 23C but the crime is deemed "Attempted" with a property loss code of 1=None.

Regardless of what RSA used to report or charge an offender; 637:3 Theft by Unauthorized Taking or Transfer or 637:3-a Willful Concealment; the IBR code for the offense is going to be 23C (Shoplifting).

When entering seized drugs why can’t I enter 2 "Unknown" drug types when they have different measures?

The entry of one "Unknown" drug type covers all entries of unknown drugs. Once a lab report is received identifying the drug(s) you can modify the report and resubmit it.

When an attempted drug offense (IBR code 35A) is reported do I have to fill in the drug type field?

Yes! Even when the Property Loss code is "1=None" the Suspected drug type must be entered.

A car was stopped in Concord for a motor vehicle violation and it was determined that the vehicle had been stolen from Manchester. How is this reported?

Only the agency that first reports the property stolen, regardless of who or which agency recovered it, should report the property’s recovery. This prevents the recovery of the property from being reported twice. In this case, Manchester will report the recovery of the vehicle. If Concord charges the offender with Receiving Stolen Property (IBR code 280) the property loss code entry will be "1=None". The property entry for the vehicle details will likely be entered by Concord PD and will have a Property Loss code of E=Evidence – not NIBRS reportable to avoid the duplication of recovered property.

What is the correct property classification when a motor vehicle is vandalized/damaged/destroyed?

The property description code used is the actual vehicle code; 03=Automobiles, 05=Buses, 24=Other Motor Vehicle, 28=Recreational Vehicles or 37=Trucks. We are looking for the type of vehicle vandalized so do not ever use 38=Vehicle Parts/Accessories as this will not provide us the correct information.

If an offender uses Jane Doe's credit card number without Jane’s permission to make a purchase; how is this classified?

The NIBRS offense code would be 26B=Credit Card/ATM Fraud. The merchant(s) on whom the card was used is the victim(s). An agency could also report the Individual who owns the card and the Financial Institution that issued the card as victims. For ATM fraud the person or entity on which the account is drawn is the victim. The property loss code is 7=Stolen\Defrauded, etc. and the most appropriate property description code of what was purchased is entered. Do not ever use 09=Credit\Debit card as the property description code because this does not tell us what the proceeds of the fraud are.

If an offender steals the credit card from Jane Doe’s wallet, uses it and the owner of the card never sees it again; how is this classified?

The taking of the credit card could be classified as 23D=Theft from Building, 23F=Theft from Motor Vehicle, 23H=All Other Larceny, 220=Burglary, 270=Embezzlement or 26A=Fraud depending on the circumstances and location of the crime. The victim type is I=Individual, Property loss code 7=Stolen and the Property Description code is 09=Credit\Debit Card.

The second offense reported is 26B=Credit/ATM Fraud for the use of the card. The Victim is the merchant(s) on which the card was used. An agency could also report the Individual who owns the card and the Financial Institution that issued the card as victims. The Property Loss code is 7=Stolen\defrauded, etc. and the Property Description code is the most appropriate code for what was purchased with the card.

If the offender signed the card holder’s name to a receipt\machine an additional offense of 250=Counterfeit\Forgery will be reported with a Property Loss code of 3=Counterfeited/Forged and the most appropriate description code of items purchased.

The taking of the credit card and the use of the credit card will likely be reported as separate incidents due to the separation of time and place.

An individual comes to our police department with his/her bank statement and states that some of their checks have been stolen and passed. The victim has been to the bank and signed an affidavit that they did not write the checks. Some of the checks were written in different jurisdictions and in different states. How is this to be reported to NIBRS?

The theft of the checks is reported by the most local agency having jurisdiction over the location of the offense. Each check that is forged and passed should be reported by the most local agency having jurisdiction over the location of those offenses. For example, checks are stolen as a result of a purse-snatching that occurred in Manchester, NH. The Manchester police department should report 23B=Larceny/Theft, Purse-Snatching, Property loss code 7=Stolen and Property Description code=22-Nonnegotiable Instruments. The Property value entry will be “0” as unendorsed checks have no value.

The checks are forged and passed later in Portsmouth, NH. Portsmouth Police Department should report an incident with the offenses of 250=Counterfeiting\Forgery and 26A=Fraud-False Pretenses for each check passed in a different location (separation of time and place) in Portsmouth. The Property Loss code for the 250=Forgery is 3=Counterfeited/Forged and the Property Description code is 21=Negotiable Instruments. The Property Value is the amount written on the check. The Property Loss code for the 26A=Fraud is 7=Stolen\Defrauded, the Property Description code is 20=Money (if cash was received) with the property value being the total cash received. If the check was passed to purchase jewelry, clothes, tools, etc. then the most appropriate property description code for that purchase is used, i.e. 17=Jewelry, 36=Tools, etc.