NEW HAMPSHIRE
How to Clear Your Criminal Record
in New Hampshire
A free, plain English guide to New Hampshire's annulment process — who qualifies, waiting periods by offense, the 3-year penalty for filing too early, and how to file under RSA 651:5.
LEGAL TERM
Annulment
DEPT. OF SAFETY FEE
$100 (waived for acquittals/dismissals)
GOVERNING LAW
RSA 651:5
What You Need to Know First

New Hampshire calls this "annulment" — not expungement. When a record is annulled in New Hampshire, you are treated in all respects as if you had never been arrested, convicted, or sentenced. The Department of Safety background check used by most employers will not show annulled offenses. The terms "annulment" and "expungement" are interchangeable in New Hampshire — there is no separate sealing process.

Critical warning: Filing too early triggers a 3-year ban. If you file your petition before your waiting period has fully expired, the court will deny it — and you cannot file again for 3 years. This is one of the most consequential traps in New Hampshire expungement law. Do not file until you are certain all waiting periods have been met for all offenses on your record.

The court has discretion. Even if you meet all waiting period requirements, the judge can deny your annulment petition. The court weighs whether annulment serves the interest of justice. There is no mandatory grant — you must demonstrate why you deserve relief. Come prepared with evidence of rehabilitation.

Multiple convictions — all must be eligible before any can be annulled. If you have more than one conviction, no petition can be filed and no annulment granted until the time requirements for all offenses on your record have been met — unless any single offense is eligible. The NH Supreme Court held you can petition for your most recent eligible offense first, then work backwards over time.

What Can — and Can't — Be Annulled
ELIGIBLE FOR ANNULMENT
  • Acquittals and dismissed charges — petition any time (30-day wait for appeals period)
  • Nol prossed (declined prosecution) charges — petition any time
  • Violation-level offenses — after 1 year
  • Most misdemeanor convictions — after 2 to 5 years depending on type
  • Class B felony convictions — after 5 years
  • Drug felonies other than simple possession — after 7 years
  • Class A felony convictions (eligible ones) — after 10 years
  • Misdemeanor domestic violence — after 10 years
  • DWI/DUI convictions — after 10 years
  • Out-of-state offenses that would not be crimes in NH — do not count against eligibility
PERMANENTLY INELIGIBLE — VIOLENT CRIMES
  • Capital murder, first or second degree murder, manslaughter
  • First degree assault
  • Aggravated felonious sexual assault / felonious sexual assault
  • Kidnapping or criminal restraint
  • Class A felony arson
  • Robbery
  • Incest / child endangerment by solicitation
  • Felony child sexual abuse image offenses
  • Felony obstruction of justice crimes (including falsifying evidence)
  • Any offense with an extended term of imprisonment sentence
  • Any offense where any other offense on your record is permanently barred
Waiting Periods

Waiting periods run from completion of ALL sentence conditions — including the last day of any incarceration, probation, parole, or conditional discharge, and payment of all fines. The clock does not start until every condition is met. And remember: a speeding ticket (motor vehicle violation eligible as a habitual offender predicate) carries a 7-year wait — longer than a misdemeanor assault conviction.

Acquittal / dismissed / nol prossed
30 days
Violation-level offense (most)
1 year
Class A misdemeanor drug possession — after 2 years
2 years
Most misdemeanor convictions
2–5 years
Class B felony conviction
5 years
Motor vehicle violation (habitual offender predicate)
7 years
Drug felony (non-simple possession)
7 years
Class A felony / DWI / misdemeanor domestic violence
10 years
How to File — Step by Step

Verify your waiting period is fully expired before filing anything. Filing even one day early triggers a denial — and a mandatory 3-year wait before you can try again. Confirm the exact date all sentence conditions were completed. If you have multiple convictions, analyze each one carefully before filing.

1
Get Your New Hampshire Criminal History
Request your criminal history from the New Hampshire Department of Safety at nh.gov/safety. Review every charge, conviction date, and sentence completion date carefully. This is the foundation for calculating your waiting periods and verifying eligibility before you file anything.
2
Download the Petition for Annulment Forms
Get the Petition for Annulment forms from the New Hampshire Judicial Branch at courts.nh.gov. There are separate forms for different offense types. The NH Legal Aid website also provides a guided guide to filling out the forms correctly. If you received a referral from NH Legal Aid, their staff will have already verified eligibility before you receive the forms.
3
File in the Court Where You Were Convicted
File your petition in the court that handled your original case — Superior Court for felonies, Circuit Court (District Division) for misdemeanors and violations. Pay the court filing fee (waived for indigent petitioners). The court provides a copy of the petition to the prosecutor, who has the opportunity to be heard on the interest of justice in granting your petition.
4
Hearing and Judge's Decision
The court may hold a hearing. The judge has full discretion to grant or deny even an eligible petition based on the interest of justice. Bring evidence of rehabilitation — employment records, character letters, community involvement, and a personal statement about how the record has affected your life and what you have accomplished since. If denied, you must wait 3 years before filing again.
5
Pay the $100 Department of Safety Fee
If the petition is granted, the Department of Safety charges a $100 fee for researching and correcting the criminal history record. This fee is waived if you were found not guilty, if the case was dismissed or not prosecuted, or if you demonstrate indigency. The Department then updates its records so the annulled offense no longer appears on background checks.
Official Forms
NH Judicial Branch — Annulment Forms
Official New Hampshire Petition for Annulment forms from the NH Judicial Branch court forms page
Visit courts.nh.gov →
NH Courts — Criminal Procedure Rule 31
The official court rule governing annulment procedure in New Hampshire
Visit courts.nh.gov →
NH Dept. of Safety — Criminal Records
Request your New Hampshire criminal history before filing your annulment petition
Visit nh.gov/safety →
Find Your New Hampshire Court
Find the Superior or Circuit Court where your conviction occurred to file your annulment petition
Visit courts.nh.gov →
Helpful Resources
FREE LEGAL HELP
NH Legal Aid
Free civil legal help for low-income New Hampshire residents — including annulment guidance and pro bono referrals
nhlegalaid.org →
FREE LEGAL HELP
NH Bar Association — Lawyer Referral
Find a licensed New Hampshire attorney for annulment help — especially valuable for felony petitions
nhbar.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
SELF-HELP GUIDE
NH Law Help — Annulment Guide
Free plain English guide to New Hampshire annulment with eligibility information and form instructions
nhlawhelp.org →
COURT RECORDS
NH Court Records
Look up New Hampshire court records and verify your case information before filing your petition
courts.nh.gov →
Frequently Asked Questions
What happens if I file too early? +
If you file your annulment petition before your waiting period has fully expired — even by one day — the court will deny it. After a denial for any reason, you cannot file another petition for 3 years. This is one of the most consequential rules in New Hampshire annulment law. A real person had a petition filed on their behalf several months too early; it was denied, and they had to wait 3 more years. Do not file until you have confirmed that all sentence conditions are complete and all waiting periods have expired for every offense on your record.
Why does my speeding ticket have a longer waiting period than an assault conviction? +
This is one of New Hampshire's most counterintuitive quirks. Motor vehicle violations that can serve as "predicate" offenses toward habitual offender certification carry a 7-year waiting period — longer than many misdemeanor assault or theft convictions. This is intentional: the habitual offender law penalizes people for accumulating qualifying motor vehicle offenses, so the annulment waiting period is set longer to preserve that record for the required period. The practical result is that a speeding ticket can take years longer to annul than a misdemeanor crime.
My case was dismissed. Do I still need to file? +
Yes — unlike some states where dismissed charges disappear automatically, New Hampshire requires you to file a petition even for dismissed charges and acquittals. The waiting period is just 30 days (to allow the appeals period to pass). There is no Department of Safety fee for acquittals or dismissals — that $100 fee applies only to convictions. File a civil petition in the court that handled your case.
I have multiple convictions. Can I annul any of them? +
New Hampshire's multiple-conviction rule is complex but more forgiving than it used to be. The general rule is that no annulment can be granted until the time requirements for all offenses on your record have been met — unless any single offense is permanently barred. However, the NH Supreme Court held in State v. Williams (2020) that you can petition for your most recent eligible offense first, and then work backwards over time to earlier offenses. If one offense is permanently ineligible (a violent crime), that bars all other convictions from being annulled as well.
Does annulment completely remove my record? +
For most practical purposes, yes. The Department of Safety background check used by most employers will not show annulled offenses. You are treated as if you were never arrested or convicted. However, law enforcement agencies may retain their own records for legitimate investigative purposes, and people with access to FBI records may still be able to find the record. Local police departments may also maintain their own files. Annulment is not technically "expungement" in the sense of permanent destruction — it is treated as if it never occurred for nearly all purposes, but the record is not physically destroyed.
Do I need an attorney? +
Not required — NH Legal Aid provides pro bono referrals and the courts supply forms. For simple dismissed-charge annulments, many people file successfully on their own. But given the severe consequences of filing too early (3-year ban on refiling), the complex multiple-conviction rules, the counterintuitive waiting periods for motor vehicle violations, and the judge's broad discretion, consulting with a New Hampshire attorney before filing is strongly recommended. NH Legal Aid has a pro bono annulment program — if you qualify, their staff vets eligibility before referring you to counsel.
After Your Record Is Annulled

After annulment in New Hampshire, you are treated in all respects as if you had never been arrested, convicted, or sentenced. The Department of Safety background check used by most employers will not show the annulled offense. You cannot be required to disclose it on most applications.

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Employment
Annulled records do not appear on the Department of Safety background check used by most employers. You are not required to disclose annulled arrests or convictions on most employment applications. You cannot be found guilty of perjury for not disclosing annulled matters. Note that people with access to FBI record check capability may still find the record, and local police departments may maintain their own separate files.
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Future Sentencing
One important caveat: upon conviction of any crime committed after the annulment order, a court may still consider the prior annulled conviction in determining the sentence to be imposed. The annulment does not make the prior conviction invisible for sentencing purposes in a future criminal case — only for most civil and employment purposes.
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Law Enforcement Access
Law enforcement officers may retain arrest and conviction records and communicate information about annulled records to other law enforcement officers for legitimate investigative purposes. This means the record does not disappear from law enforcement databases — it is treated as if it never occurred for public and employment purposes, but law enforcement retains limited access.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney in your state before filing.