About clearing a record in New Hampshire

Under RSA 651:5, a New Hampshire court may annul the record of an arrest, a conviction and a sentence. You ask for it by a petition for annulment.

You file the petition in the court that handled the case, one for each charge. The court may rule on it with no hearing unless you ask for one. For a conviction, the wait starts when you finish the sentence. You must have no new conviction in that time. A motor vehicle violation other than driving while intoxicated does not count. The wait runs from one year for a violation to ten years for a class A felony. If your case ended with no conviction, you can petition at any time. For a case closed since 2019, the court must annul it; a dismissal or a not guilty finding waits thirty days, or for an appeal to end. The law bars violent crimes, felony obstruction of justice and offenses that drew an extended prison term.

After the order, the law treats you as if you were never arrested, convicted or sentenced. There are limits. If you are convicted of a later crime, the court can count the old one at sentencing and toward habitual offender status. Police keep the record for their own work. The court's file is sealed, not destroyed. Each fee can be waived if you cannot pay. If you were found not guilty, or the case was dismissed or not prosecuted, the two agency fees are waived and the court may waive its fee too.

Remedies in New Hampshire

  • Annulment DIY

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