Introduction to Class B Misdemeanors in New Hampshire

In New Hampshire, offenses are classified as felonies, misdemeanors, or violations. Misdemeanors are less severe than felonies but more serious than minor violations, and they are divided into Class A and Class B. Class B misdemeanors are the most common; if a statute lists an offense simply as a “misdemeanor”, it defaults to Class B under RSA 625:9, II (IV)(c), such as operating a vehicle without a valid license (RSA 263:1).

Generally, the legal penalties for misdemeanors are fines and jail time. However, the social and personal consequences of having a criminal court record or misdemeanor court case record extend beyond the legal penalties imposed by the criminal justice system. An understanding of Class B misdemeanors can help individuals find legal help to minimize penalties and navigate processes that provide relief for the social consequences.

Common Examples of Class B Misdemeanors in New Hampshire

Class B misdemeanors in New Hampshire are lower-level criminal offenses that generally carry fines rather than jail time, though they still appear on a criminal record. Under RSA 625:9, II (IV)(c), when a statute defines an offense simply as a “misdemeanor”, it defaults to Class B. Common types of Class B misdemeanors include:

• Disorderly Conduct (RSA 644:2): Creating unreasonable noise or disrupting public areas.
• Criminal Trespass (RSA 635:2): Entering or remaining on another person’s property without permission.
• False Report to Law Enforcement (RSA 641:4): Knowingly providing false information to police without fabricating an emergency.
• Operating Without a Valid License (RSA 263:1): Driving a vehicle without first obtaining a license or after a permit has expired.
• Harassment (RSA 644:4): Engaging in conduct intended to alarm or annoy another person. When no threat of bodily harm is involved, it defaults to a Class B misdemeanor.

Because circumstances vary, not every instance of these behaviors will result in the same charge.

Statute of Limitations for Class B Misdemeanors in New Hampshire

Under New Hampshire law, the statute of limitations determines how long prosecutors have to file criminal charges. This period helps ensure cases are pursued while evidence and witness accounts remain reliable. For most Class B misdemeanors, the state generally has one year from the date of the offense to bring charges (RSA 625:9, IV(c)).

Certain offenses carry longer time limits due to their nature or discovery. For instance, Forgery (RSA 638:1, III-a) may be prosecuted for up to two years, while some financial or regulatory crimes can have limitation periods of up to six years.

The statute of limitations typically begins on the date the offense occurs, but for offenses not immediately apparent, it may start upon discovery or when the offense reasonably should have been discovered.

Legal Penalties for Class B Misdemeanors in New Hampshire

Class B misdemeanors in New Hampshire can lead to several potential penalties, depending on the offense, prior history, and the court’s discretion. Common consequences include:

• Fines: Monetary penalties that vary by offense.
• Probation: Supervised release with conditions such as check-ins or community service.
• Jail: Short periods of incarceration may apply in some instances, though many Class B misdemeanors carry only fines.
• Community Service: Court-ordered work performed in place of or alongside other penalties.

Beyond the immediate sentence, these convictions may appear on a person’s criminal record and can affect employment, housing, or professional licensing. The combination and severity of penalties are determined,on a case-by-case basis by the court.

Court Process for Class B Misdemeanors in New Hampshire

When someone is charged with a Class B misdemeanor in New Hampshire, the case typically begins with an arrest or a citation (an official notice requiring the person to appear in court for the alleged offense). The accused then attends an arraignment, where the charges are formally presented, and a plea is entered. Depending on the case, the court may schedule pre-trial hearings, mediation (informal discussions to resolve the case), or plea negotiations (discussions to agree on charges or penalties).

If the matter proceeds to trial, evidence is presented, and a judge (not a jury) decides the verdict. Following a conviction, the court issues a sentence based on the nature of the offense, the defendant's prior record, and any mitigating factors. Individuals involved in criminal cases in New Hampshire may access information about these procedures through the Circuit Court District Division – Criminal, which provides official guidance on filings, hearings, and court rules.

How Class B Misdemeanors Affect Your Criminal Record

Class B misdemeanors in New Hampshire typically appear on a person’s criminal record, which can be reviewed during background checks, employment screenings, or professional licensing processes. The effect of such records varies based on how state agencies maintain and share criminal information.

Criminal conviction records received from the division serve as the official source of certified criminal conviction history for employment and licensing purposes per RSA 106-B:14, I-a(d). While some misdemeanors may be eligible for expungement or sealing, such options are not guaranteed and often require meeting specific legal criteria.

Individuals with a Class B misdemeanor should understand that it can have long-term consequences, affecting opportunities for work, housing, or professional licensure, even after serving fines, probation, or other court-imposed penalties.

Differences Between Class B Misdemeanors and Other Offenses in New Hampshire

In New Hampshire, Class B misdemeanors are considered less severe than Class A misdemeanors and felonies. They may result in up to $1,200 in fines, probation, or a conditional or unconditional discharge, and incarceration is not authorized. By contrast, Class A misdemeanors carry higher fines, more extended probation periods, and may result in up to one year in jail. Felonies represent the most serious offenses, with sentences exceeding one year, larger fines, and lasting effects on a person’s criminal record.

While New Hampshire does not use a Class C misdemeanor category, some other states recognize gross misdemeanors that fall between Class B misdemeanors and felonies, often involving short-term incarceration or higher penalties. Understanding these distinctions helps clarify how the state classifies offenses based on severity and potential consequences.

How to Access Class B Misdemeanor Court Records in New Hampshire

In New Hampshire, Class B misdemeanor cases are generally handled by the Circuit Court – District Division, which oversees most lower-level criminal matters. Court records can typically be accessed in the county where the offense occurred or where the defendant lived. Knowing the individual’s name, case number, or approximate filing year can help narrow a search. Interested persons may obtain records through several methods:

• Contact the Circuit Court: District Division: Visit or call the local District Division clerk to review case files or request copies. Some locations offer public access terminals for viewing docket information. Contact details and addresses for each area are listed in the New Hampshire Circuit Court Locations directory.
• Search the New Hampshire Case Access Portal: The New Hampshire Case Access Portal provides online access to limited docket details, case status updates, and hearing schedules. Searches may be conducted by name or case number. However, not all case documents are available online, and certified copies must still be requested directly from the clerk’s office.
• Request a Criminal History Record from the State Police: For statewide conviction information, including Class B misdemeanors, individuals may request a certified Criminal History Record from the New Hampshire State Police Criminal Records Unit. This requires completing the official request form and paying a $25 processing fee. Requests may be submitted in person or by mail. A notarized signature is not required when requesting a publicly available conviction record by mail. However, applicants seeking access to their own complete confidential record must attach a valid government-issued photo ID.

Note: Certain misdemeanor records may be sealed or annulled under New Hampshire law. Annulled records do not appear on the State Police Criminal History Record, and court access may be restricted.

Can a Class B Misdemeanor Be Expunged or Sealed in New Hampshire?

Under New Hampshire law, a conviction for a Class B misdemeanor may be eligible to be annulled, a term used in the state for what many jurisdictions call expungement. Per RSA 651:5, eligibility depends on several factors, including the nature of the offense, completion of all sentence requirements, absence of subsequent convictions, and whether the case qualifies.

Clearing or sealing a record can improve opportunities for employment, housing, and professional licensing, but an annulment is not automatic, and the court has discretion.

The table shows general eligibility for annulment of Class B misdemeanors in New Hampshire. First-time offenders usually qualify after completing their sentence and waiting the required period. Multiple offenses are evaluated on a case-by-case basis, and violent or excluded crimes are not eligible.