Sealing and Expunging Criminal Records

Sealing and Expunging Criminal Records in New Hampshire

Sealing and expunging criminal records in New Hampshire involve legal processes that limit public access to certain court records under specific conditions. These procedures are designed to help individuals move forward after fulfilling the requirements of their sentence, such as completing probation or waiting for a designated period after the case resolution. Eligibility depends on the type of offense, the outcome of the case, and the time elapsed since the final court action.

In New Hampshire, not all criminal records are eligible for sealing or expungement. Typically, violations and some misdemeanors may qualify after a waiting period, while certain felonies, especially those involving violence, are often excluded. The process requires a petition to the court, and approval is not guaranteed. Once granted, access to the sealed or annulled record is restricted from public view, though certain agencies may retain access under state law.

Who Is Eligible to Annul a Criminal Record in New Hampshire?

Annulment in New Hampshire allows certain criminal records to be cleared from public view, helping individuals move forward without the weight of a public history. However, not everyone qualifies, and the rules differ depending on the type of charge and how the case was resolved. A more detailed understanding of these cases can be found through the Criminal Court Records, which provide insight into how such records are handled. Below is a clear breakdown of who may qualify and who does not.

Eligibility After a Case Dismissal

If your case was dismissed by the court—whether due to lack of evidence, procedural issues, or a dropped charge—you may qualify for annulment right away. This includes cases where:

  • The prosecutor chose not to pursue the charges.
  • The court dismissed the case before trial.
  • The case was dismissed after participation in a diversion program.

There is no waiting period in these cases, making annulment more accessible.

Eligibility After an Acquittal

Anyone found not guilty by a judge or jury is generally eligible to file for annulment immediately. Acquittal means the state did not prove the case beyond a reasonable doubt, and such outcomes are often prioritized for clearing.

Eligibility After Conviction (Misdemeanor or Felony)

People convicted of crimes must meet specific time and offense-based conditions before applying for annulment.

Misdemeanors

  • Most misdemeanors become eligible three years after completing the full sentence, including probation or fines.
  • This includes minor theft, disorderly conduct, and low-level drug possession.
  • Some offenses, like sexual assault or those involving minors, are excluded.

Felonies

  • Class B felonies may become eligible five years after the sentence ends.
  • Class A felonies typically require 10 years or more before applying, depending on the offense.
  • Violent felonies, certain drug trafficking charges, and crimes involving serious harm are usually not eligible.

Ineligibility for Certain Serious Offenses

Some crimes cannot be annulled under New Hampshire law, no matter how much time has passed. These include:

  • Murder and manslaughter
  • Sexual assault or related crimes
  • Crimes involving the use or threat of a deadly weapon
  • Certain offenses against children
  • Repeat DWI convictions (under certain conditions)

Courts take public safety into account when reviewing annulment petitions. If the crime is deemed too serious or if there is a repeat offense history, annulment is generally denied.

Required Waiting Periods Before You Can File

If you have a criminal record in New Hampshire and are considering filing for annulment, it is important to understand the legally required waiting periods set by RSA 651:5. These waiting periods begin only after all components of your sentence have been completed, and they vary based on the type and outcome of the offense. This information is provided strictly for educational and personal use purposes and does not constitute legal advice.

When Does the Waiting Period Start?

The waiting period does not begin at the time of arrest, charge, or conviction. Instead, it starts only after your entire sentence is complete. Completion of sentence means:

  • Any jail or prison time has been fully served
  • All probation or parole conditions are satisfied
  • All fines, restitution, or court-ordered payments are paid
  • Any required rehabilitation or community programs are finished

Only when all of the above are completed does the clock start on the applicable waiting period.

Waiting Periods by Type of Outcome or Offense

If charges were dropped, dismissed, or resulted in a not-guilty verdict, you can generally file for annulment 30 days after the court’s final decision. Example: If your charge was dismissed on April 10, 2025, you may file for annulment on or after May 10, 2025.

Violations (Non-Criminal Offenses)

Waiting Period: 1 Year

Violations are not considered criminal convictions but can still create a public record. Examples include:

  • Possession of alcohol by a minor
  • Basic traffic infractions
  • Local ordinance violations

You may file for annulment one year after you complete all sentence-related obligations, such as fines or community service.

Class B Misdemeanors

Waiting Period: 2 Years

These are lesser criminal offenses and may not carry jail time. Common examples:

  • Disorderly conduct
  • Criminal trespass
  • Certain types of shoplifting

You must wait two years after completing your full sentence to be eligible to apply.

Class A Misdemeanors

Waiting Period: 3 Years

Class A misdemeanors are more serious and may include jail time or larger fines. Examples include:

  • Driving under the influence (first offense)
  • Simple assault
  • Resisting arrest

Eligibility to file begins three years after sentence completion.

Class B Felonies

Waiting Period: 5 Years

These felony offenses often carry significant consequences but are considered less severe than Class A felonies. Examples include:

  • Burglary without violence
  • Drug possession with intent to distribute
  • Aggravated driving under the influence involving injury

You must wait five years from the conclusion of your sentence, including probation or parole, before applying.

Class A Felonies

Waiting Period: 10 Years

Class A felonies are serious crimes involving violence or significant harm. Examples include:

  • Robbery with a weapon
  • Kidnapping
  • Assault with a deadly weapon

To file for annulment, you must wait ten years after fully completing your sentence.

Courts tend to scrutinize these petitions closely and may consider public safety, the severity of the offense, and evidence of rehabilitation.

Drug Offenses

Variable Waiting Periods

Drug-related convictions fall under multiple offense levels, so the applicable waiting period depends on the classification of the specific charge:

  • Drug violations (such as possession of marijuana) require a one-year wait
  • Misdemeanor drug charges require two to three years
  • Felony drug offenses, such as trafficking, may require five to ten years

New Hampshire does not have separate laws for drug record expungement, so general annulment timelines apply.

Successful participation in rehabilitation programs or drug courts may be viewed favorably by the court but does not shorten the required waiting period Each case is subject to court discretion, and successful completion of a treatment or rehabilitation program may support a petition but does not shorten the waiting time.

How to Calculate Your Eligibility to File

To determine when you can petition for annulment:

  • Identify the classification of your offense (violation, misdemeanor, or felony)
  • Confirm the date when all sentence requirements were satisfied
  • Add the applicable waiting period to that date
  • Make sure there are no new arrests or convictions during that waiting time

Filing too early can result in the automatic denial of your petition. You may want to keep documentation showing that all conditions, including payments and probation terms, were fulfilled.

How to Annul a Criminal Record: Step-by-Step Process

If you’re considering annulling your criminal record in New Hampshire, understanding the process is an important first step. Annulment, sometimes referred to as expungement, allows eligible individuals to have certain criminal records removed or sealed, improving access to employment, housing, and other opportunities. Below is a clear, step-by-step overview of how to annul a criminal record in New Hampshire for informational purposes.

Step 1: Gather Necessary Documents

Before filing your petition, you’ll need to collect important paperwork related to your case, including:

  • Court disposition or final case outcome: This shows the official result of your criminal case (e.g., dismissal, acquittal, or conviction completion).
  • Proof of sentence completion: For convictions, provide evidence you have completed all parts of your sentence, such as probation, fines, or community service.
  • Any other relevant court orders or documents: This could include documentation of payment of fines or restitution.

Having these documents ready will help ensure your petition is complete and properly supported.

Step 2: File the Petition in the Correct Court

Once your documents are prepared, you must file a petition for annulment with the court that handled your criminal case. This is typically the Superior Court or District Court in the county where the case was heard.

  • You can file the petition in person at the court clerk’s office or, in some cases, by mail.
  • Make sure to fill out the required petition form completely and accurately.
  • The petition must clearly state your request to annul the record and include supporting documents.

It is important to follow the court’s instructions carefully to avoid delays.

Step 3: Pay the Required Fees

When submitting your petition, there are several fees you may need to pay, including:

  • A court filing fee, usually around $125 per petition.
  • A fee to the New Hampshire Department of Corrections (approximately $100) if your case involved a conviction.
  • A fee to the New Hampshire State Police (around $100) for processing the removal of your criminal record.

Some courts may accept fee waivers or reductions under certain circumstances, but generally, these fees are required to process your annulment.

Step 4: Wait for Court Review and Decision

After your petition is filed and fees are paid, the court will review your case. The judge may:

  • Review your petition and supporting documents.
  • Consider any objections or additional information.
  • Decide whether to grant or deny your annulment request.

This process can take several weeks to a few months, depending on court schedules and workload.

If the court grants your petition, an annulment order will be issued, directing relevant agencies to remove or seal your criminal record. Keep in mind that it may take additional time for these updates to appear in various databases.

Fees and Costs Involved

When seeking to seal or annul a criminal record in New Hampshire, understanding the fees involved is an important step in preparing your application. The annulment process requires payment of certain mandatory fees to different agencies, along with potential additional costs that may arise during the process.

Court Filing Fee — $125 Per Petition

To begin the annulment process, you must file a petition with the appropriate court. The standard filing fee for this petition is $125. This fee covers the court’s administrative costs for reviewing your request and issuing an order if approved. Keep in mind that this fee is per petition, so if you have multiple cases to annul, each may require a separate filing fee.

Department of Corrections Fee — $100 (If Convicted)

If your record includes a conviction, the New Hampshire Department of Corrections requires a processing fee of $100. This fee covers the cost of reviewing your records within the corrections system to confirm eligibility for annulment and ensure that all sentencing requirements have been fulfilled.

New Hampshire State Police Fee — $100

The New Hampshire State Police charge a fee of $100 to remove the criminal record from their files. This step is essential to update official law enforcement databases, ensuring that the annulled record is no longer visible in background checks conducted by authorized agencies.

Additional Optional Costs

Aside from these mandatory fees, you may encounter other costs depending on your specific circumstances. For example:

  • Mailing Costs: If you submit your petition or related documents by mail, you will be responsible for postage and delivery fees.
  • Certified Copies: You may need certified copies of court documents or other official paperwork, which typically involve a small fee per copy.
  • Legal Assistance: While this guide provides information, some applicants choose to hire legal counsel to assist with the petition process, which may involve additional expenses.

What Happens After a Record Is Annulled

When a criminal record is annulled in New Hampshire, it means the court has legally set aside or erased the record as if the offense never occurred. Understanding what happens afterward is important to know how your record will be treated and who may still access the information.

Public Records Access

Once your record is annulled, it is generally removed from publicly accessible databases. This means that typical background checks by employers, landlords, or the general public will no longer show the annulled offense. However, it is important to remember that annulment does not guarantee complete invisibility of the record in all circumstances. Certain government agencies and law enforcement may still have limited access under specific legal provisions.

Background Check Updates

Annulled records should be updated and removed from state criminal history databases, which are the primary sources for most commercial and private background check companies. However, these updates can take some time—often several weeks to a few months—depending on when courts notify the state police and when the FBI updates its national databases.

If you request a background check shortly after annulment, there is a chance the record may still appear until the databases are fully updated. It is recommended to verify your record status periodically after annulment to confirm removal.

Police and FBI Access Post-Annulment

While annulled records are removed from public view, law enforcement agencies and the FBI may retain access to the full criminal history for official purposes such as criminal investigations, security clearances, or certain licensing requirements. Annulment does not prevent the use of your criminal history by government authorities when allowed by law.

Pardon vs. Annulment: What’s the Difference?

Understanding the difference between a pardon and an annulment is important for anyone seeking relief from a criminal record in New Hampshire. While both options offer a path toward clearing or lessening the impact of past convictions, they serve different purposes and involve distinct legal processes.

What Is a Pardon?

A pardon is an official act of forgiveness granted by the Governor of New Hampshire. It essentially forgives a person for a crime they were convicted of, potentially restoring certain civil rights that may have been lost as a result of the conviction. A pardon does not erase or remove the conviction from the criminal record but signals that the state has forgiven the offense.

Pardons can offer relief such as:

  • Restoration of voting rights
  • Eligibility to own firearms (subject to federal and state laws)
  • Opportunity to seek certain licenses or jobs that require a clean record

However, pardons do not guarantee that the conviction will be removed from public or background records.

Who Can Request a Pardon in New Hampshire?

In New Hampshire, any person convicted of a crime in the state or under federal law may apply for a pardon. Typically, individuals must wait a certain period after completing their sentence before submitting a pardon application. The process involves petitioning the Governor’s office, providing documentation, and sometimes attending a hearing.

Pardons are generally considered for those who have demonstrated good conduct over time and have made positive contributions to their community since their conviction.

When Is a Pardon More Appropriate Than an Annulment?

While an annulment (also known as expungement in many states) is a court-ordered process that removes or seals a criminal record under New Hampshire law (RSA 651:5), a pardon is a separate executive act.

A pardon may be more appropriate in situations where:

  • The offense is not eligible for annulment under state law.
  • The individual has federal convictions or convictions from other states that cannot be annulled by New Hampshire courts.
  • The person seeks restoration of civil rights that annulment does not automatically provide.
  • The individual’s record includes serious or violent offenses that are excluded from annulment eligibility.

What to Do If Your Petition Is Denied

Having your petition to annul a criminal record denied can be frustrating—but it does not mean the process is over. Understanding why a denial happened and what options are available can help you plan your next steps more effectively. This section outlines what you can generally expect after a denial and offers guidance on how to proceed.

Understand the Reason for the Denial

When a court denies a petition to annul a criminal record in New Hampshire, the decision is typically based on one or more of the following reasons:

  • The required waiting period has not been completed
  • The individual does not meet eligibility criteria
  • Fines, fees, or restitution related to the case remain unpaid
  • The petitioner has pending charges or other active cases
  • Incomplete or incorrect information was submitted in the petition

The court’s order usually includes a brief explanation of the denial. Reviewing this explanation carefully is the first step toward correcting any issues if you choose to reapply.

Appeal the Court’s Decision (If Applicable)

In some cases, it may be possible to appeal a denial. Appeals must typically be filed within a specific time frame after the decision, and the process can vary depending on the court that handled the original petition.

Appeals generally involve:

  • Filing a Notice of Appeal
  • Submitting necessary forms or transcripts
  • Explaining why you believe the court made an error in its decision

It’s important to understand that not all denials are appealable, especially if the denial is based on clear statutory rules (such as an unfulfilled waiting period). Individuals considering an appeal may want to consult with an attorney to better understand the likelihood of success.

Wait the Required Time Before Reapplying

If the denial was due to eligibility issues or premature filing, you may be allowed to reapply after a waiting period. In New Hampshire, the general rule is that an individual must wait three years from the date of the denial before submitting a new annulment petition—unless the court order specifies a different timeframe.

Before reapplying, be sure to:

  • Resolve any issues mentioned in the denial (e.g., unpaid fines, new charges)
  • Gather updated documentation
  • Ensure you meet all time and eligibility requirements under RSA 651:5

How to Check the Status of Your Annulment in New Hampshire

Once you’ve submitted your petition to annul a criminal record in New Hampshire, it’s natural to want updates on the progress. While the process may take time, there are several ways to responsibly follow up and confirm when your record has been updated or removed from various databases.

Follow Up With the Court Where You Filed the Petition

After submitting your annulment petition to the appropriate court, you can check the status directly with the clerk’s office. Keep in mind:

  • Processing times vary depending on the court’s workload, the type of offense, and the completeness of your documentation.
  • You may be required to appear for a hearing or provide additional information.
  • If the court grants your annulment, they will issue a court order, which is the legal confirmation that your record has been annulled.

Tip: Have your case number or petition ID available when contacting the court to make the process easier.

Contact the New Hampshire Criminal Records Unit

Once your annulment is approved by the court, the New Hampshire Department of Safety’s Criminal Records Unit processes the update in the state criminal record system. This step is critical for ensuring the record no longer appears in public background checks.

To confirm whether your annulled record has been removed from the state system:

  • Visit the New Hampshire Criminal Records Unit website or contact them directly.
  • Provide a copy of the court’s annulment order if requested.
  • Request an updated copy of your criminal record (fees may apply) to verify that the annulled information no longer appears.

Contact Info (as of writing):

  • Phone: (603) 223-3867
  • Website: NH Criminal Records Unit
  • Address: 33 Hazen Drive, Concord, NH 03305

Confirm Record Removal from FBI and Federal Databases

Although the annulment is granted at the state level, New Hampshire typically notifies the FBI of the court’s order so that federal criminal databases (e.g., the National Crime Information Center – NCIC) can be updated.

However, this update may take additional time (often several weeks), and the FBI does not issue direct confirmation to individuals.

To check the status of your federal record update:

  • You may request a copy of your Identity History Summary (a federal background check) through the FBI’s Criminal Justice Information Services (CJIS) Division.
  • Instructions are available at https://www.fbi.gov/services/cjis/identity-history-summary-checks.
  • There is a fee, and you may need to submit fingerprints.

Important: The state does not control how quickly the FBI processes annulment updates. It’s advisable to wait at least 6–8 weeks after your court order before checking your federal record.

What About Online Background Check Websites?

Some third-party websites collect and publish public criminal record information. If your annulment has been processed by the court and state:

  • These companies may still display outdated information if they haven’t refreshed their databases.
  • You can often submit a request to have your record removed or updated, but this is voluntary on their part.
  • Be prepared to provide a copy of the court’s annulment order.

While annulment removes the record from official state and federal systems, it does not guarantee automatic deletion from all commercial background check services.

Common Reasons a Petition Is Denied

Filing a petition to seal or expunge (annul) your criminal record in New Hampshire can be a critical step toward moving forward with your life. However, not every petition is approved, and understanding the common reasons for denial can help you better prepare your application and improve your chances of success. Below are some of the most frequent causes why annulment petitions are rejected:

Incomplete or Incorrect Information

One of the most common reasons petitions are denied is due to missing or incorrect information. The court requires detailed documentation to review your case properly, including:

  • Accurate case numbers and court details
  • Proof of case disposition (dismissal, acquittal, or conviction)
  • Evidence of completed sentence, fines, or probation
  • Personal identification and other supporting paperwork

Failing to provide all necessary documents or submitting forms with errors can delay processing or lead to outright denial. It is important to carefully review the petition instructions and ensure all sections are completed accurately before submitting.

Filing Before the Required Waiting Period

New Hampshire law requires specific waiting periods after your case is resolved before you can file for annulment. Filing your petition too early is a common reason for denial. The waiting periods vary depending on the nature of your offense:

  • 30 days for dismissed or acquitted cases
  • 1 to 10 years for convictions depending on the severity and class of offense

If you file before the mandatory waiting period has passed, the court will typically reject your petition. Make sure to verify that enough time has elapsed since your case resolution before submitting your request.

Petitioning for an Ineligible Offense

Not all criminal records qualify for annulment in New Hampshire. Certain offenses are excluded by law, including some violent crimes, sex offenses, and repeat felony convictions. Attempting to seal or expunge a record related to an ineligible offense will likely result in denial.

It is essential to confirm whether your specific charges or convictions meet the eligibility criteria set forth under New Hampshire RSA 651:5 before filing your petition.

Outstanding Fines, Fees, or Charges

Before a court will consider your annulment petition, you must have fully satisfied all financial obligations related to your case. This includes paying all fines, court fees, restitution, or other charges. Unpaid balances can cause your petition to be denied, as courts require that all conditions of your sentence are complete.

If you have outstanding obligations, contact the relevant court or department to arrange payment or payment plans before filing for annulment.

FAQs

If you’re searching for New Hampshire Sealing and Expunging Criminal Records, you may have questions about how to find details, access the records, and any limitations. Here are answers to some common inquiries to help you get started.

Can I annul more than one case?

In New Hampshire, you generally need to file a separate annulment petition for each individual case or conviction. The court reviews each petition independently based on the facts of that case. If you have multiple eligible cases, each annulment request requires its own set of documents, applicable fees, and a court decision. Be sure you meet the eligibility rules and required waiting periods for every case before applying.

Does annulment make my record disappear forever?

Annulment removes your record from most public view and treats it as though the offense never occurred in many legal and civil contexts. However, annulled records may still be accessible to law enforcement agencies, courts, or government bodies in certain situations. While annulled offenses are typically removed from official databases, some background check companies may take time to update their records. Annulment offers significant relief, but it does not guarantee permanent, universal deletion from all systems.

What if I moved out of New Hampshire?

You can still file for annulment in New Hampshire even if you no longer live in the state. The process must be completed in the same court system where the case originated. Your current residence does not affect your eligibility, but you must follow New Hampshire’s legal procedures. If your record is annulled, it applies under New Hampshire law; other states may have different rules for how they treat annulled records from out of state.

How do I prove my record was annulled?

Once the court grants your annulment, it will issue an official court order confirming the annulment. You can request a certified copy of this order from the court clerk. You may also request an updated criminal record from the New Hampshire State Police to reflect the annulled status. These documents can serve as proof to employers, landlords, or other agencies that your record has been legally annulled under state law.