Sealing and Expunging Criminal Records in New Hampshire

In New Hampshire, the process of expunging criminal records within the state is referred to as an “annulment”. Annulments are targeted at the rehabilitation of individuals who have been convicted. The New Hampshire Courts use these legal processes to mitigate the collateral consequences and stigma of a criminal arrest or conviction, such as difficulties in accessing education, employment, housing, and civic engagement. However, the New Hampshire Expungement Statutes only permit the expungement or sealing of specific violations and convictions, provided they meet the required conditions. Individuals who qualify for the process may file a written request with the court where the case was initially heard.

The Difference Between Sealing and Expunging Criminal Records

The most significant difference between expunging and sealing a criminal record is that expunged records are entirely removed from state databases, whereas sealed records are made confidential. When criminal records are expunged in New Hampshire, they are removed from public view, from state police criminal records databases, state-run background checks, and even sealed in court records. As a result, the beneficiaries of an expungement order are treated like they were never arrested, convicted, or sentenced.

In contrast, according to Rule 50 of the State Criminal Procedure, sealing a record is merely filing it as a confidential document, thereby limiting public access to the file or specific information within the record. Hence, annulments result in the complete deletion of a record, while sealing a record in New Hampshire retains the record and its references to the subject.

Nevertheless, compared to sealing, annulments may appear to be more absolute because they result in the removal of criminal records from public domains. However, they remain open to law enforcement and anyone who requests them under the state’s Right-to-Know law.

How to Seal a Criminal Record in New Hampshire

When a party seeks to seal a record by filing confidential information in a New Hampshire Court, it must be accompanied by a separate Motion To Seal. A confidential document can be sealed in its entirety or have portions of it redacted. To file such records, the filing party must provide the court with facts, statutes, case law, and court rules that support the motion. They must also clearly state the relief sought through the action. After filing the motion, it is served on all parties in the case to allow them to object. The court proceeds to review the motion and any accompanying complaints before granting or denying the order.

What Crimes Can Be Expunged in New Hampshire

Most criminal convictions in New Hampshire can be expunged, except for those involving violent crimes, convictions for obstructing justice, and crimes carrying a potential sentence of long-term imprisonment. Such crimes may include murder, manslaughter, kidnapping, specific homicide, falsifying evidence, child pornography, etc. Moreover, all criminal charges that did not result in convictions are eligible for annulment. If the charges were dismissed or the defendant was acquitted, the individual may start processing annulment 30 days after the dismissal.

According to state laws, juvenile criminal records in New Hampshire are generally expunged when the perpetrator reaches 21. Following the order, all court, arrest, and institutional records concerning the case are sealed and placed in an inactive file. Regardless, the documents remain open to law enforcement agencies to prosecute criminal activities.

Can a Felony Be Expunged in New Hampshire?

New Hampshire Statutes include a provision that allows some offenders to petition for the annulment of felony records. Offenders who meet the eligibility requirements (and can demonstrate that such annulment would assist their rehabilitation and is consistent with public welfare) stand a great chance of having their conviction annulled.

The conditions under which a felony may be annulled are:

• For a Class A felony, the individual must have waited for 10 years after completing the terms of their sentence.
• For a Class B felony, the individual must have waited for 5 years after completing the terms of their sentence.
• For a controlled drug felony, under RSA 318-B, the individual must have waited an additional 7 years from the date of conviction.
• The felony offense is not a violent crime or a sexual crime.

To begin the annulment process, the offender should obtain their criminal record from the Department of Corrections. Next, they should file a petition to annul their record with the court of conviction. Subsequently, the Department of Corrections would send the individual a questionnaire to fill out before issuing a recommendation to the court. The court may schedule a hearing, particularly if the prosecutor objects to the annulment. During the hearing, the judge reviews the request, along with other relevant information, before deciding whether to approve the annulment or otherwise.

How to Expunge Criminal Records in New Hampshire

Several conditions must be fulfilled before the court considers granting an annulment order. The first requirement for eligibility for expungement is that the petitioner seeking an annulment must remain of good behavior and be without conviction for a specified period after conviction and sentencing. This period is called the “waiting period”. Generally, the waiting period for most crimes is one year; however, state laws may vary depending on the severity of the crime committed.

After the waiting period has elapsed and all other terms of the sentence are fulfilled, the individual seeking expungement may file a Petition to Annul the record in the sentencing court. In addition to the petition, the petitioner must submit documents that demonstrate compliance with the sentencing terms. Once the petition is filed, the court carries out its investigation by reviewing the provided documents and other aspects of the charge. This process includes forwarding the requests for annulment to the Department of Corrections to review the petitioner’s criminal history. The department then issues a written recommendation to the court regarding the request. As part of the investigation, the court may also engage the prosecutor of the crime for which annulment is sought.

Eligibility for annulments may not always mean receiving the order. Overall, granting the order for annulment is dependent on the court’s discretion. The court’s decision may be influenced by determining if the decision will aid or quicken the petitioner’s rehabilitation and be consistent with the public welfare. Court hearings are not necessary for this process because the court has the liberty to dismiss or grant a petition without a hearing. But the court may grant an annulment hearing if the petitioner requests it.

Finally, the petitioner must provide a filing fee of $100 to cover court costs, but the fees may be waived if the charges did not result in convictions. If a petition to annul is denied, the individual must wait three years before applying again. If the order is granted, the court is required to issue the petitioner a certificate affirming that the individual’s exemplary behavior has facilitated the order for annulment. The State Police Criminal Records Unit and the arresting agency are then notified of the order, and the arrest records are cleared.

Do Sealed Records Show up In New Hampshire Background Checks?

No, sealed or annulled records do not show up in state background checks. As a general rule, an annulment removes a crime from state background checks and restricts public access to the information. Therefore, when an annulment is ordered, the recipient may lawfully state that the annulled record does not exist because when people search the New Hampshire criminal record, the charges will not be seen.

Who Can See Sealed Criminal Records in New Hampshire

Annulled records in New Hampshire will still be available to the person receiving the annulment and the law enforcement agencies. Typically, when an annulment order is given, state and federal computer databases are cleared, and court files are sealed. However, law enforcement agencies are permitted by state laws to maintain arrest and conviction records for legitimate investigative reasons. If members of the public request annulled records under the state’s right-to-know law, they might see sealed criminal records.

How Can I Get My Record Expunged for Free in New Hampshire?

The overall cost of getting an annulment in New Hampshire depends on the charge and whether the petitioner qualifies for waivers. Applicants with limited income may complete a financial affidavit to demonstrate their financial status and have the filing fee waived.

In general, there is a $100 filing fee. The court may also charge a nominal fee for certified copies of court records. The applicant would also be required to pay $200, which covers the cost of getting their criminal report from the Department of Corrections and administrative charges to update records. In addition, if the petitioner requires the services of an attorney, this adds attorney fees ranging between $500 and $2,500 or more.

The following information is typically included in a petition for annulment:

• Name of the petitioner
• Court of conviction
• Criminal charge to be annulled
• Date of final disposition
• Date of birth
• Case number

How to Obtain Sealed Records in New Hampshire

According to a ruling made by the New Hampshire Supreme Court, annulled records are subject to the New Hampshire Right to Know law. As a result, eligible persons may request access to inspect annulled criminal records. For access to documents filed as confidential, the inquirer must file a motion in court to unseal the record. If the court cannot find a basis for nondisclosure after reviewing the motion and possible objections, the petitioner will be granted access after ten days. In some cases, inquirers may be able to retrieve sentencing court records. If the request is denied, the requester may contact the Attorney General’s Office to appeal.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.