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New Hampshire

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for annulment in some situations. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition. 

  • With certain exceptions, if you were convicted of a class B felony, the record can be annulled five years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a class B felony for indecent exposure or lewdness, the record can be annulled 10 years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a class A felony, the record can be annulled 10 years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a violation, the record can be annulled one year after you complete your sentence. 
  • With certain exceptions, if you were convicted of a class B misdemeanor, the record can be annulled two years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a class A misdemeanor, the record can be annulled three years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a class A misdemeanor for sexual assault, the record can be annulled 10 years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a class A misdemeanor for a drug offense, the record can be annulled two years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a misdemeanor for domestic violence, the record can be annulled three years after you complete your sentence. 
  • With certain exceptions, if you were convicted of a drug felony or any offense listed in the habitual offender statute, the record can be annulled seven years after your conviction. 
  • With certain exceptions, if you were convicted of a DUI offense, the record can be annulled 10 years after your conviction. 
  • If you were convicted of obtaining, purchasing, transporting, or possessing, or having control of 3/4 of an ounce of marijuana and the offense was committed before September 16, 2017, the record can be annulled at any time. 

If you were convicted of prostitution, indecent exposure, or lewdness because you were a victim of human trafficking, the conviction can be vacated immediately. 

Adult criminal records for cases in which you completed a conditional discharge period may be eligible for annulment in some situations. 

  • If you successfully completed a conditional discharge period for a felony or class A misdemeanor, the record can be annulled immediately. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition. 

If you successfully completed a period of conditional discharge relating to a felony or Class A misdemeanor, the record can be annulled. This law will go into effect on January 1, 2023. 

Adult criminal records for arrests for which you were never convicted are eligible for annulment.  

  • If your case was not prosecuted, was dismissed, or ended in a not guilty verdict, or if the conviction was vacated, the record can be annulled immediately. 
  • A record relating to a case ending on or after January 1, 2019, that was dismissed, not prosecuted, resulted in a finding of not guilty, or was vacated following a conviction is annulled. 

Adult Criminal Record Clearance Policies

A record relating to obtaining, purchasing, transporting, or possessing, or having control of 3/4 of an ounce of marijuana, if the offense was committed before September 16, 2017, can be annulled at any time. N.H. Rev. Stat. § 651:5-b.
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A record relating to a violation can be annulled by the court one year after sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(a), (VI).
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Records relating to convictions for indecent exposure, lewdness, prostitution, and related offenses can be vacated by the court if the petitioner's conduct was a direct result of being a victim of human trafficking. N.H. Rev. Stat. § 633:7(VI)(b).
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Records relating to DUI offenses can be annulled by the court 10 years after conviction, if the criteria are met. N.H. Rev. Stat. §§ 265-A:21(I), 651:5.
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Records relating to most class B misdemeanors can be annulled by the court two years after the sentence is completed, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(b), (VI).
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Records relating to most class A misdemeanors can be annulled by the court three years after sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(c), (VI).
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Records relating to most class B felonies can be annulled by the court five years after sentence completion, if criteria are met. N.H. Rev. Stat. § 651:5 (III)(d), (VI).
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A record relating to a class A felony can be annulled by the court 10 years after sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(e), (VI).
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A record relating to a class A misdemeanor for sexual assault can be annulled by the court 10 years after the sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(f), (VI).
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A record relating to a class B felony for indecent exposure or lewdness can be annulled by the court 10 years after sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(g), (VI).
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A record relating to a misdemeanor for domestic violence can be annulled by the court three years after sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(h), (VI).
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A record relating to a class A misdemeanor for a drug offense can be annulled by the court two years after sentence completion, if criteria are met. N.H. Rev. Stat. § 651:5 (III)(i), (VI).
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Records relating to a drug felony can be annulled by the court seven years after conviction, if the criteria are met. N.H. Rev. Stat. § 318-B:28-a, 262:19(IV), 651:5.
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Records relating to a felony or Class A misdemeanor can be annulled upon the successful completion of a period of conditional discharge. N.H. Rev. Stat. § 651:2 (VI-b).
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A record relating to a case ending on or after January 1, 2019 that was dismissed, not prosecuted, resulted in a finding of not guilty, or was vacated following a conviction is annulled. N.H. Rev. Stat. § 651:5 (II-a).
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A record relating to a case that was dismissed, not prosecuted, resulted in a finding of not guilty, or was vacated following a conviction before January 1, 2019 can be annulled at any time. N.H. Rev. Stat. § 651:5 (II).
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Juvenile Record Clearance Overview

Juvenile Record Clearance Policies Overview 

 

 

  • New Hampshire highly restricts who can look at juvenile records. The records are only available to court personnel, the prosecutor, the juvenile, and his or her attorney. All juvenile records are automatically closed and placed in an inactive file when you turn 21. 
  • If you were convicted of a criminal offense which occurred between May 14, 2014 and July 1, 2015 and you were 17 years of age at the time of the offense, the record can be annulled at any time. 

Find a Lawyer 

If you have questions about juvenile record confidentiality or record clearance, find a lawyer who may be able to help you. Some lawyers might help you for free. 

 

 

Juvenile Record Clearance Policies

A record relating to a criminal offense which occurred between May 14, 2014 and July 1, 2015, while the person was 17 years of age, can be annulled at any time. N.H. Rev. Stat. § 651:5-a.
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Records relating to juvenile offenses are confidential and may only be available to court personnel, the prosecutor, the juvenile, and his or her attorney. All juvenile records are automatically closed and placed in an inactive file when the person turns turn 21. N.H. Rev. Stat. § 169-B:35.
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

New Hampshire Legal Aid

Service area: Statewide

Lawyer Referral Service of New Hampshire Bar Association

Service area: Statewide

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