New Hampshire Expungement Laws: How Record Annulment Works Under RSA 651:5

New Hampshire clears criminal records through a process called annulment, governed by RSA 651:5, with waiting periods that range from one year for a violation to ten years for a Class A felony, all measured from the completion of every term of the sentence. Two other statutes set separate bars measured from the date of conviction instead: ten years for impaired-driving convictions under RSA 265-A:21, and seven years for any felony under the Controlled Drug Act under RSA 318-B:28-a.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers New Hampshire state law only. For a 50-state overview, see Expungement Laws by State.

What Is Annulment and How Does It Differ from Expungement?

New Hampshire does not use the word "expungement" in its criminal record statutes. The state's mechanism for clearing a criminal history is called annulment, and it operates under RSA 651:5. When a court grants an annulment, the records of the arrest, conviction, and sentence are treated by the courts, the New Hampshire State Police, and other criminal justice agencies as though the underlying event never occurred. The petitioner may lawfully deny the existence of the arrest or conviction on most employment and licensing applications, and the record is removed from standard background checks available to the public.

Annulment does not physically destroy records the way some states' expungement statutes do. The records are sealed and flagged as annulled in state and federal databases, but they remain accessible to courts, prosecutors in any new proceeding, and law enforcement for authorized purposes. Judges also retain access when imposing sentence on a future conviction, meaning an annulled prior conviction can still influence a sentencing decision. Within those limits, annulment provides substantial practical relief, particularly for employment, housing, and professional licensing purposes.

Waiting Periods by Offense Class Under RSA 651:5

The waiting period begins on the date all sentence terms are completed, which includes the end of any period of probation or parole, the discharge of any incarceration, and the full payment of all fines, fees, and restitution. No petition may be filed until both the sentence completion requirement and the offense-specific waiting period are satisfied. The waiting periods set out in RSA 651:5 are:

• Violation: 1 year after completion of sentence
• Class B Misdemeanor: 2 years after completion of sentence
• Class A Misdemeanor: 3 years after completion of sentence
• Class B Felony: 5 years after completion of sentence
• Class A Felony: 10 years after completion of sentence
• Class A misdemeanor or felony offense under RSA 318-B:26, II: 2 years after completion of sentence, under RSA 651:5, III(i). This shortened period is cross-referenced from the Class A misdemeanor, Class B felony, and Class A felony subparagraphs, so it is not limited to Class B felonies. For any felony, however, the separate 7-year bar in RSA 318-B:28-a also has to be satisfied. See the next section.
• Misdemeanor domestic violence offense under RSA 631:2-b: 10 years after completion of sentence
• Sexual assault under RSA 632-A:4: 10 years after completion of sentence
• Felony indecent exposure or lewdness under RSA 645:1, II: 10 years after completion of sentence

The person must also have a clean record during the waiting period. Any new conviction restarts the calculation and may independently create bars to eligibility.

Two Statutes Outside RSA 651:5 That Set Longer Bars

The class-based schedule above is not the whole timing picture. Paragraph III of RSA 651:5 opens with the words "Except as provided in RSA 265-A:21," and a separate provision of the Controlled Drug Act reaches a similar result for drug felonies. Both set their own bar, and both measure it from the date of conviction rather than from the completion of the sentence. Because each is written as a prohibition on the court ordering an annulment before a set date, it operates on top of the RSA 651:5 period rather than in place of it: both clocks have to have run.

Impaired driving and boating: no annulment until 10 years after the date of conviction. RSA 265-A:21, I provides that "notwithstanding the provisions of RSA 651:5, no court shall order an annulment" of a conviction for driving or attempting to drive under the influence, for aggravated drunken driving, or for operating an OHRV or a boat while under the influence, "until 10 years after the date of conviction." This is why the class of the offense does not answer the question for a DWI: an impaired-driving conviction carrying an ordinary misdemeanor waiting period of a few years still cannot be annulled for a full decade from the conviction date. RSA 265-A:21, I also directs that a record annulled after that period be retained in a permanent file, to be opened only for sentencing purposes in a later case under RSA 265-A:3.

Felonies under the Controlled Drug Act: no annulment until 7 years after the date of conviction. RSA 318-B:28-a provides that "no court shall order an annulment, pursuant to RSA 651:5 or any other provision of law, of any record of conviction for a felony under RSA 318-B until 7 years after the date of conviction." That bar reaches any felony under RSA 318-B. The practical consequence is that the 2-year period in RSA 651:5, III(i) delivers its full benefit only to a Class A misdemeanor under RSA 318-B:26, II. A person with a felony drug conviction should not read the 2-year figure as an eligibility date.

Automatic Annulment for Acquittals and Dismissals

For criminal offenses disposed on or after January 1, 2019, RSA 651:5 provides automatic annulment when a case ends in the petitioner's favor. Specifically, a record is automatically annulled 30 days after a finding of not guilty on all charges, or 30 days after a dismissal or decision not to prosecute. If the prosecution or defense appeals the favorable disposition, the 30-day clock does not begin until the final appellate decision affirming the favorable outcome is entered.

No petition, filing fee, or court appearance is required for automatic annulment of a non-conviction. Once the 30-day period runs without a stay or reversal, the court and state agencies treat the annulment as effective without further action by the defendant. Favorable dispositions before January 1, 2019 do not receive automatic treatment and must be addressed through a standard petition.

Offenses That Cannot Be Annulled

RSA 651:5 lists categories of convictions that are permanently ineligible for annulment regardless of how much time has passed. The three main bars are:

Violent crimes, defined in the statute to include: capital murder, first or second degree murder, manslaughter, and Class A felony negligent homicide (RSA 630); first degree assault (RSA 631:1); aggravated felonious sexual assault and felonious sexual assault (RSA 632-A); kidnapping and criminal restraint (RSA 633); Class A felony arson (RSA 634:1); robbery (RSA 636); incest and endangering the welfare of a child by solicitation (RSA 639:2, III and RSA 639:3, III); and any felonious offense involving child sexual abuse images (RSA 649-A).

Felony obstruction of justice, defined to include: tampering with witnesses or informants (RSA 641:5), falsifying evidence (RSA 641:6), and any felonious offense of obstructing governmental operations (RSA 642).

Extended-term imprisonment sentences: any conviction for which the court imposed an extended term of imprisonment under RSA 651:6 is permanently excluded.

If a person has multiple convictions and any one of them falls into an excluded category, RSA 651:5 VI(a) bars the entire petition: no petition for annulment may be brought and no annulment granted for any part of the record, even for counts that are not themselves excluded, until the disqualifying conviction is resolved (for example, if it is later vacated).

How to File an Annulment Petition

The petition process under RSA 651:5 involves three agencies and three separate fees. The steps are:

Step 1: File a petition in the court where the case was disposed. Each charge requires a separate petition form. The court filing fee is $125 per court location. Forms are available through the New Hampshire Judicial Branch.

Step 2: The court notifies the prosecutor. Under RSA 651:5, IX the court provides a copy of the petition to the prosecutor of the underlying offense and permits the prosecutor "to be heard regarding the interest of justice in regard to the petition." Paragraph IX sets no deadline for that response, and under paragraph I the court "may grant or deny an annulment without a hearing, unless a hearing is requested by the petitioner." So for most petitions there is no automatic hearing and no fixed objection window.

A specific 20-day objection deadline does exist, but only on the streamlined track in RSA 651:5, III(a)(2) and III(b)(2). That track covers a violation or a Class B misdemeanor with a conviction date on or after January 1, 2019 that was the highest offense of conviction. There the court sends notice of its eligibility determination to the petitioner and the prosecutor, the prosecutor has 20 days from receipt to object on the ground that the offense is not eligible or that the sentence terms are not complete, and if the prosecutor does not timely object or the court denies the objection, the court "shall annul the conviction."

Step 3: Department of Corrections investigation. After the petition is filed, the Department of Corrections contacts the petitioner to complete a questionnaire and collect a $100 investigation fee. The court will not take final action on the petition until it receives the Department of Corrections report. Prompt response to DOC contact significantly speeds up the process.

Step 4: New Hampshire State Police administrative fee. Upon a grant of annulment, the State Police charge a separate $100 administrative fee to remove the annulled criminal history record information (CHRI) from both the state database and the FBI's records. This fee is collected before the State Police update the federal record.

Step 5: Court decision. The court weighs whether annulment will assist in the petitioner's rehabilitation and is consistent with the public welfare. These are the two statutory criteria under RSA 651:5. A judge retains discretion to deny even a petition that meets all timing and eligibility requirements. If a petition is denied, the petitioner must wait at least three years before filing again. A denial costs three years, so get a free consultation with a New Hampshire criminal defense lawyer on the petition and the prosecutor's response (attorney advertising).

The full process typically takes several months from filing to a final court ruling, primarily because the Department of Corrections report introduces a significant scheduling variable.

Cannabis Possession Annulment Under RSA 651:5-b

New Hampshire has created one additional annulment pathway for cannabis-related offenses, and the legislature considered but did not enact a second. Under RSA 651:5-b (effective January 1, 2020), a person convicted of possessing three-quarters of an ounce or less of marijuana for an offense that occurred before September 16, 2017 may petition for annulment at any time, without regard to the standard waiting periods. If the prosecutor does not object within 10 days, the court grants the petition as a matter of course.

A 2025 bill, HB 196, would have created a broader anytime annulment pathway for misdemeanor and violation-level cannabis possession offenses that occurred before January 1, 2025, processed administratively by the Department of Safety and granted even with outstanding court-imposed fees or fines. The bill passed the House on February 20, 2025, but the Senate Judiciary Committee recommended it Inexpedient to Legislate and the full Senate killed it on May 22, 2025. It was never enacted, and no RSA 651:5-c exists in current New Hampshire law. A pre-2025 cannabis conviction that does not qualify under RSA 651:5-b remains subject to the standard RSA 651:5 waiting periods described above.

Disclaimer: This article describes New Hampshire criminal record annulment law as verified on May 29, 2026. It is not legal advice. Laws change, individual circumstances vary, and a court retains discretion to deny any petition. Consult a licensed New Hampshire attorney before taking any action regarding your criminal record.

Related Articles

• Expungement Laws by State
• DUI Expungement by State
• How to Check If Your Record Has Been Expunged

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RecordingLaw.com provides general legal information, not legal advice. Verify all details with official sources or a licensed New Hampshire attorney.

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Frequently Asked Questions

Does New Hampshire have expungement?

New Hampshire does not use the term expungement. The state's equivalent process is called annulment and is governed by RSA 651:5. Annulment seals a criminal record from public view and allows the petitioner to lawfully deny the arrest or conviction in most contexts, which is functionally similar to expungement in other states.

How do you annul your record in New Hampshire?

File a petition in the court where your case was resolved, pay a $125 court filing fee, and respond promptly to the Department of Corrections for their required $100 investigation. The prosecutor receives a copy of the petition and is permitted to be heard on the interest of justice; a fixed 20-day objection deadline applies only on the streamlined track for post-2018 violations and Class B misdemeanors that were the highest offense of conviction. If the court grants the petition, you pay a separate $100 New Hampshire State Police fee to clear the record from state and FBI databases. Each charge requires a separate petition form.

What is the New Hampshire annulment waiting period?

Waiting periods run from the date all sentence terms are completed, including the end of probation or parole and the payment of all fines. The periods are: 1 year for a violation, 2 years for a Class B misdemeanor, 3 years for a Class A misdemeanor, 5 years for a Class B felony, and 10 years for a Class A felony. Ten years also applies to misdemeanor domestic violence under RSA 631:2-b, to sexual assault under RSA 632-A:4, and to felony indecent exposure or lewdness under RSA 645:1, II. RSA 651:5, III(i) sets 2 years for a Class A misdemeanor or felony offense under RSA 318-B:26, II. Two statutes outside RSA 651:5 set longer bars that run from the date of conviction instead: RSA 265-A:21 blocks annulment of a DWI, aggravated drunken driving, OHRV or boating-under-the-influence conviction until 10 years after conviction, and RSA 318-B:28-a blocks annulment of any felony under RSA 318-B until 7 years after conviction.

What does RSA 651:5 say?

RSA 651:5 is New Hampshire's annulment statute. It authorizes courts to annul criminal records when the petitioner has completed all sentence terms and the applicable waiting period has passed, the petition will assist rehabilitation, and granting it is consistent with public welfare. It also provides for automatic annulment of acquittals and dismissals for offenses disposed on or after January 1, 2019, and lists offenses that can never be annulled, including violent crimes, felony obstruction of justice, and convictions resulting in extended-term sentences.

How long does the New Hampshire annulment process take?

From filing to a final court order, the process typically takes several months. The main delay is the Department of Corrections investigation report, which the court must receive before ruling. Responding promptly to DOC's questionnaire and fee request shortens that delay. The prosecutor receives a copy of the petition and a chance to be heard on the interest of justice, with a fixed 20-day objection window only on the streamlined track for post-2018 violations and Class B misdemeanors that were the highest offense of conviction.

What crimes cannot be annulled in New Hampshire?

RSA 651:5 permanently bars annulment for violent crimes (including murder, first degree assault, aggravated felonious sexual assault, kidnapping, robbery, Class A felony arson, and child sexual abuse image offenses), felony obstruction of justice (including witness tampering and felonious obstruction of governmental operations), and any conviction for which the court imposed an extended term of imprisonment under RSA 651:6.

Can a felony be annulled in New Hampshire?

Yes, Class B felonies are eligible after a 5-year waiting period and Class A felonies after a 10-year waiting period, both measured from completion of all sentence terms. However, felonies classified as violent crimes or felony obstruction of justice, and any felony that resulted in an extended-term sentence under RSA 651:6, cannot be annulled regardless of how much time has passed. A felony under the Controlled Drug Act, RSA 318-B, carries an additional bar: RSA 318-B:28-a prohibits any annulment until 7 years after the date of conviction.

Are dismissed charges automatically annulled in New Hampshire?

For offenses disposed on or after January 1, 2019, yes. RSA 651:5 provides that a not-guilty verdict, dismissal, or decision not to prosecute triggers automatic annulment 30 days after the favorable disposition, or after a final appellate affirmance if the outcome is appealed. No petition or fee is required for automatic annulment of a non-conviction.