What Is Criminal Trespass in New Hampshire?

Criminal trespass in New Hampshire occurs when an individual enters or remains in any place knowing they do not have the required authorization to be there. This includes entering or remaining upon any secured premises, grounds, lands, or parking areas, or other open spaces in defiance of a direct order or a posted sign prohibiting entry.

According to N.H. Rev. Stat. § 635:2, an order restricting access may be communicated in various ways, including express communication to the intruder, placing signs on the property in a manner reasonably likely to come to the attention of the intruder, erecting a fence, or enclosing property in a manner designed to exclude intruders.

How to Look Up Public Criminal Trespass Records in New Hampshire

To look up criminal trespass records in New Hampshire, interested individuals may visit the New Hampshire Judicial Branch’s Case Access Portal. Search results typically include a summary of the incident, date, the exact offense, court hearing details, and verdicts. To facilitate a search, record seekers will need to provide unique case identifiers such as the case number, the defendant's name, the type of court, and the county where the case was heard.

Although the case access portal offers an easy and free case lookup, search results are not often detailed. Rather, only brief case summaries, which are helpful for quick lookups, are provided. However, specific details in the search result could be helpful in searching for a more comprehensive record.

Individuals who desire comprehensive criminal trespass records may need to visit the clerk of the concerned court in the concerned county or contact them via phone call, fax, mail, or email, depending on the available options.

Types of Criminal Trespass Offenses

Depending on the severity and the conditions surrounding its occurrence, criminal trespass in New Hampshire may be classified into three types of crimes: violations, misdemeanors, and felonies.

Under the New Hampshire Criminal Code, criminal trespass on occupied properties or secured locations that involve the intentional defiance of court-issued “No Trespass” orders, verbal no trespass orders, or verbal orders to leave a premise, without any damage to property, is a misdemeanor. Criminal trespass that involves either or all the aforementioned offenses, with notable property damage that costs an additional value of $1,500 to the original value of the property, is a felony.

Note: New Hampshire courts define criminal trespass offenses as violations, as long as no property damage is involved.

Penalties for Criminal Trespass in New Hampshire

Per the New Hampshire Criminal Code, the penalties for criminal trespass offenses vary based on the class of the offense and the extent of damage incurred by the offender. Typically, criminal trespass offenses that are not charged as violations attract fines.

Can a Criminal Trespass Charge Be Dismissed or Reduced in New Hampshire?

Yes, a criminal trespass charge may be dismissed or reduced in New Hampshire through several means, including legal motions, plea bargains, pretrial diversion programs, and post-trial expungement of records. One’s route of choice is dependent on the defendant’s history, the facts of the case, and the validity of available evidence. A judge may dismiss a trespass charge pretrial or during trial if there are factual issues with the case. This includes issues of insufficient evidence, suppression of evidence, lack of lawful notice, mistaken belief on the part of the defendant, and unlawful charging or speedup of trials.

Similarly, a criminal trespass charge may be reduced to a misdemeanor (for felonies) or a violation (for misdemeanors) if the prosecutors offer a plea agreement. The court may also offer alternative sentencing programs like community service in place of convictions or prosecution, especially for first-time offenders. This helps defendants avoid convictions and possible jail time.

In some cases, the defense counsel may negotiate that a felony be reduced to a class B misdemeanor with conditions like community service, fines, counseling, and restitution. Regardless of conviction status, New Hampshire courts permit sealing and annulment of criminal trespass records; however, the conditions may vary.

Will a New Hampshire Criminal Trespass Charge Stay on Your Record?

Per the New Hampshire Revised Statutes, a criminal trespass charge will stay on an individual’s record indefinitely unless they take steps to clear it. Therefore, a criminal trespass charge or conviction may be visible on a person’s state criminal record file during background checks unless it is sealed or annulled. Criminal trespass charges are eligible for sealing/annulment under the state’s statutes; however, the process varies for different categories of persons.

Individuals whose charges were acquitted or dismissed are eligible for immediate annulment of arrest records, which remain on their records regardless of conviction status.

On the other hand, individuals who are convicted (misdemeanors and felonies) may need to observe a statutory period after completion of the sentence, before petitioning the concerned court for annulment or sealing. This may be up to 3 years for Class B misdemeanors. Individuals with multiple convictions may need to wait till all charges are eligible for annulment before filing a petition. Notably, some convictions, like violent crimes and obstruction of justice, are not eligible for annulment in New Hampshire.

Although diversions and pleas to violations carry fewer or no consequences, they remain on an individual’s record and appear during background checks, unless they are annulled. Individuals with violations and diversions may petition the concerned court for annulment immediately after a sentence is passed.

Expungement or Record Sealing Options in New Hampshire

In New Hampshire, expungement is referred to as annulment, which is a legal process in which a person petitions for the sealing/removal of the concerned records so the person is treated as one who has never been arrested, convicted, or sentenced. Per the New Hampshire Revised Statutes, most records are eligible for annulment depending on the conviction status.

For arrests that result in non-convictions due to dismissals or acquittal, the record holder may apply for annulment at any time. The court may also order the annulment of such records after 30 days of appeal resolution. Convictions, on the other hand, have different terms. The individual needs to complete all terms of the sentence, wait the required time period depending on the class of offense, and avoid further convictions during the said time. Notably, some convictions cannot be annulled in New Hampshire, and individuals with multiple convictions are required to wait till all convictions are eligible for annulment before filing a petition.