New Hampshire Expungement Laws: How Record Annulment Works Under RSA 651:5
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.
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 (except drug felonies under RSA 318-B:26, II, which carry a 2-year period)
- Class A Felony: 10 years after completion of sentence
- Domestic violence misdemeanor: 10 years after completion of sentence
- Sexual assault under RSA 632-A:4: 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.
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, the court will assess whether that bar affects the petition for other counts. A petition may not be brought for an excluded offense, but related counts that are not themselves excluded may still be eligible depending on the circumstances of the case.
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. The prosecuting attorney receives a copy of the petition and has 20 days to file an objection. If the prosecutor objects, the court schedules a hearing. If no objection is filed within 20 days, the court may proceed without a hearing.
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.
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 and RSA 651:5-c
New Hampshire has created two additional annulment pathways for cannabis-related offenses. 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.
Under the more recent RSA 651:5-c, misdemeanor and violation-level cannabis possession offenses that occurred before January 1, 2025 may be annulled by petition at any time. Eligible annulments are granted even if the petitioner has outstanding court-imposed fees or fines, as long as any sentence of incarceration or probation has been completed. The Department of Safety processes these annulments and may be petitioned directly if the agency does not act on a qualifying record.
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.
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Sources
The statutes and official guidance cited in this article are drawn from the New Hampshire General Court's official statutes portal (gc.nh.gov), the New Hampshire Judicial Branch (courts.nh.gov), and the New Hampshire Department of Safety Division of State Police (nhsp.dos.nh.gov).
- New Hampshire RSA 651:5 - Annulment of Criminal Records: gc.nh.gov/rsa/html/LXII/651/651-5.htm
- New Hampshire RSA 651:5-b - Annulment of Arrests and Convictions for Marijuana Possession: gc.nh.gov/rsa/html/LXII/651/651-5-b.htm
- New Hampshire Judicial Branch, Annulment - District Division: courts.nh.gov
- New Hampshire State Police, Criminal Record Annulments: nhsp.dos.nh.gov
- New Hampshire Rules of Criminal Procedure, Rule 31 - Annulments: courts.nh.gov
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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.