New Hampshire
New Hampshire Jury Duty Laws: Pay, Exemptions and Employer Rules
Independently fact-checked against primary sources (last audited October 7, 2026). · 19 primary sources cited on this page. How we verify our legal content

New Hampshire state-court jury service is governed by RSA chapter 500-A, with the qualifications in RSA 500-A:7-a. The state pays jurors $10 for each half day of attendance plus 20 cents a mile when they travel from another town (RSA 500-A:15), which the Judicial Branch describes as $10 for a half day and $20 for a full day.
An employer may not fire, threaten or coerce you because of jury service, and a fired employee has one year to sue (RSA 500-A:14). A person 70 or older may tell the court before it convenes that they do not wish to serve, but the age rule is not automatic (RSA 500-A:9, II).
Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers jury service in New Hampshire state courts, mainly the Superior Court, handled statewide through the Judicial Branch's Jury Center. A summons from the U.S. District Court for the District of New Hampshire follows federal law, summarized on our jury duty laws by state hub.
Do you have to go? The short answer
Yes, unless you are not qualified, a specific statutory exception applies, or a judge excuses you or moves your service to another month. RSA 500-A:9 begins: "No qualified prospective juror is exempt from jury service, except under the following circumstances," and lists only a few.
Everything else goes through a judge's discretion, requested through the statewide eResponse portal. To sort out which route might fit before you contact the court, try our jury duty exemption checker.
Who can serve on a jury in New Hampshire
Under RSA 500-A:7-a, a juror must:
- be 18 or older on or before the first day of reporting;
- be a U.S. citizen and a resident of the county of jury service;
- be able to read, speak and understand English;
- not have a physical or mental disability "which would bar effective jury service"; and
- not have been "convicted of any felony unless the conviction has been annulled."
The section states no minimum length of residence. The master jury list is drawn from voter lists and Division of Motor Vehicles records of license and ID holders 18 and older (RSA 500-A:1). No New Hampshire citizen may be excluded from jury service because of race, color, religion, sex, gender identity, national origin or economic status (RSA 500-A:4).
If a selected juror attending court is found by the court to be mentally or physically unfit to serve, the juror is discharged (RSA 500-A:10). The Judicial Branch says a person with a permanent medical condition who needs accommodations can request them in eResponse at least 7 days before the appearance date.
Felony convictions and annulment
New Hampshire's jury statute bars anyone with a felony conviction unless the conviction has been annulled. The bar does not end on its own when a sentence is finished; the route back is annulment of the record under RSA 651:5.
In general, a person may petition for annulment once all terms of the sentence are complete and a waiting period without a new conviction has passed, and the court grants it only if it "will assist in the petitioner's rehabilitation and will be consistent with the public welfare." Some convictions, including violent crimes, cannot be annulled. Part of the annulment statute has a revised version taking effect January 1, 2027, so check the current text or ask a New Hampshire lawyer about your own record.
Exemptions, excuses and deferrals in New Hampshire
| Situation | How it works | Source |
|---|---|---|
| Age 70 or older | You may tell the court, before it convenes, that you do not wish to serve; you are then discharged | RSA 500-A:9, II |
| Legislator or constitutional convention delegate while in session | May tell the court they do not wish to serve | RSA 500-A:9, III |
| You have a case pending that this jury could try | Cannot serve as a petit juror at that term | RSA 500-A:9, IV |
| New Hampshire State Guard member | Exempt during service | RSA 111:22 |
| Actively serving in the military | Excusal request through eResponse; a judge rules | Judicial Branch Jurors page |
| Served as a juror in Superior Court in the last 3 years | Kept off the master list for at least 3 years; excusal request if summoned | RSA 500-A:16; Judicial Branch Jurors page |
| Undue hardship, extreme inconvenience, public necessity, other cause | The court decides; you report again when directed | RSA 500-A:11 |
| A month that is particularly inconvenient | Deferral request to another month; a judge rules | Judicial Branch Jurors page |
Age 70 and older: you have to ask
Under RSA 500-A:9, II, "If any person at the age of 70 years or more is selected as a juror he or she may, at his or her discretion, inform the court prior to the convening of court that he or she does not wish to act as a juror. He or she shall then be discharged, and another juror may be drawn in his or her place."

The rule applies at 70, not only over 70, and nothing happens automatically. The Judicial Branch lists it as an excusal reason that you request through eResponse. The statute does not say whether the discharge covers only one summons or future ones, and RSA 500-A sets no maximum age.
Military and State Guard members
Under RSA 111:22, "Every officer and enlisted man of the state guard shall, during his service therein, be exempt from jury duty." The New Hampshire State Guard is a separate body from the National Guard, and we did not find a jury exemption for National Guard members in the sources reviewed for this page.
The Judicial Branch lists "actively serving in the military" as a reason you may ask to be excused through eResponse; we did not find a statute or court rule behind that listing, so treat it as court practice. Separately, federal law says an active-duty member of the armed forces may not be required to serve on a state or local jury if the member's branch Secretary determines that service would unreasonably interfere with military duties or adversely affect unit readiness, and that determination is conclusive (10 U.S.C. § 982).
Hardship excuses
Under RSA 500-A:11, a qualified person "may be excused from jury service by the court only upon a showing of undue hardship, extreme inconvenience, public necessity or for any other cause that the court deems appropriate." The excusal lasts as long as the court decides, and the person "shall report again for jury service, as directed by the court."
The statute names no categories for caregivers, students, first responders, attorneys, clergy or distance, so those requests fall under this general standard. A judge rules on each request.
Deferring to another month
The Judicial Branch says that if the month you were summoned for "is particularly inconvenient for you, you can request to have your service deferred to another month." Its examples include being out of state at school, being a legislator while the General Court is in session, having a case pending in the county, a temporary medical condition, and undue hardship or extreme inconvenience such as travel plans or work commitments.
You complete the questionnaire first and then request the deferral; a judge rules and the Jury Center notifies you. We did not find a statewide limit on how many deferrals you may ask for. Only you can make the request: the Judicial Branch says an employer cannot ask for an employee to be excused or deferred.
How much does jury duty pay in New Hampshire?
RSA 500-A:15 says: "The jurors' fees shall be $10 for each half day's attendance before a superior court; for each mile's travel to and from the place where the juror serves, mileage shall be paid at the rate of $.20 per mile, mileage to be allowed for each day's attendance when the juror is required to leave the town or city in which he resides." The state, not the county, pays, and the section was last amended in 1991.
| Item | Amount or rule | Source |
|---|---|---|
| Half day (morning or afternoon session) | $10 | RSA 500-A:15, I-II |
| Full day | $20, according to the Judicial Branch | Judicial Branch Jurors page |
| Mileage | 20 cents a mile, round trip, only if you live outside the courthouse town or city | RSA 500-A:15, I; Judicial Branch Jurors page |
| Parking | Free in the town or city where the court sits, with a clerk-issued card; not in 15-minute-or-less spaces | RSA 500-A:17 |
| State of New Hampshire employees | No juror fee; mileage still paid if applicable | Judicial Branch Jurors page |
| Alternate jurors | Paid the same as other jurors | RSA 500-A:13, III |
A "half day" means attendance at either the forenoon or the afternoon session, and the clerk decides whether you attended. The clerk may count travel time toward attendance if you must travel more than 50 miles one way by the most direct route (RSA 500-A:15, II-III). The statute has no higher rate for long trials.

The Judicial Branch says lunch is on your own, except that lunch is provided during deliberations. You may waive the juror fee, the mileage, or both by telling the court when you check in on your first day.
New Hampshire employer rules for jury duty
Job protection
Under RSA 500-A:14, I, "An employer shall not deprive an employee of his employment, or threaten or coerce him regarding his employment because the employee receives and responds to a summons, serves as a juror, or attends court for prospective jury service."
The section has no minimum employer size, no full-time limit and no requirement that you give your employer notice. It does not address shift scheduling after court or whether you must use vacation or sick time.
Remedies and the one-year deadline
An employer who violates the protection "may be found in contempt of court" (RSA 500-A:14, II). If an employer fires you in violation of it, you "may, within one year of the discharge, bring a civil action for: (a) Recovery of wages lost as a result of the violation; and (b) An order requiring his reinstatement" (RSA 500-A:14, III).
Damages cannot exceed lost wages, and a prevailing employee is awarded a reasonable attorney's fee. The civil action in the statute is for discharge; threats or coercion short of firing carry the contempt remedy. If you were fired, talk to a New Hampshire employment lawyer promptly. For how this fits with other limits on firing, see our page on New Hampshire at-will employment laws.
Does your employer have to pay you?
New Hampshire's jury statute does not require private employers to keep paying your wages during jury service; you receive the state juror fee instead. We did not research other New Hampshire labor rules, so check your employment contract, union agreement or handbook.
For State of New Hampshire classified employees, the state personnel rules grant "civil leave without loss of pay or annual leave" when performing jury duty, but only when the time conflicts with the normal work schedule, and the employee surrenders jury fees to the state other than mileage for use of the employee's own vehicle (N.H. Code Admin. R. Per 1208.01, readopted effective December 1, 2025, official text). School and local government employees should check their own leave rules.
What happens if you miss jury duty in New Hampshire
The process starts with paperwork. The juror qualification form is due within 10 days after you receive it (RSA 500-A:6, II). If you do not return it, the clerk directs you to appear at the court to complete it (RSA 500-A:7).
If you do not appear as the clerk directs under RSA 500-A:7, the court can order you to show cause. Under RSA 500-A:20, a person who does not appear and "does not show cause for his failure to appear when ordered to do so by the court" is guilty of a misdemeanor. So is a person who "Willfully misrepresents a material fact on a juror qualification form with the purpose of avoiding or securing service as a juror."
A juror who has been selected and notified and who, "without sufficient cause, neglects to attend court" may also be found in contempt of court (RSA 500-A:19). Neither section sets its own fine or jail term. Under RSA 625:9, IV(c), a misdemeanor with no stated class is presumed to be a class B misdemeanor (a fine of up to $1,200 under RSA 651:2, IV(a), and no jail) unless an exception in that paragraph applies, such as the state giving notice that it seeks class A penalties or the charge being filed directly in superior court. If you missed your date, contact the Jury Center right away.
How long jury duty lasts in New Hampshire
Under RSA 500-A:8, a person summoned to a petit or grand jury "shall not be required to serve a term longer than 30 days." A juror sitting on a trial or grand jury hearing in progress must serve until it is completed.
The Judicial Branch says most trials last less than a week, describes the limit as "not more than 30 days (6, five day weeks) unless you are serving on an on-going trial," and says grand jurors generally serve one to three full days each month. After you actually attend court as a juror, your name is not placed on the master jury list again "for at least 3 years" (RSA 500-A:16).
How to respond to a New Hampshire jury summons
- Complete the questionnaire online through eResponse, the statewide juror portal linked from the Judicial Branch Jurors page. You need the ten-digit candidate ID and the PIN from your summons. The Judicial Branch notes the session times out after about 25 minutes.
- After the questionnaire, request a disqualification, deferral or excusal in eResponse if one applies. A judge rules, and the Jury Center notifies you.
- Call the Jury Center at 1-855-212-1234 (9 a.m. to 2 p.m., press 4 and ask for the Jury Center) with questions, or the automated line at 1-855-207-8888 with your candidate number and ZIP code. County pages on the Judicial Branch site list reporting dates.
Watch for jury duty scams
The New Hampshire Attorney General warned in November 2020 about scammers spoofing the Supreme Court's phone number: "The New Hampshire Supreme Court will never call potential jurors about missed jury service. The New Hampshire Judiciary will similarly never request payment over the phone for failure to appear for jury service." The alert says to confirm any Judicial Branch communication through the Information Center at 1-855-212-1234.
Our guide to government impersonation scams explains how these schemes work, and our page on New Hampshire scam and fraud laws covers where to report.
Disclaimer: This page is general legal information about New Hampshire state-court jury service, not legal advice. The court decides every excusal and deferral request. Information verified October 7, 2026. For questions about your summons, contact the Jury Center; for an employment dispute, consult a lawyer licensed in New Hampshire.
Related pages
- Jury duty laws by state
- New Hampshire at-will employment laws
- New Hampshire court records and annulment
- New Hampshire scam and fraud laws
- Massachusetts jury duty laws
- Maine jury duty laws
Last updated: October 7, 2026.
Frequently Asked Questions
How much does jury duty pay in New Hampshire?
The state pays $10 for each half day of attendance (RSA 500-A:15), which the Judicial Branch describes as $10 for a half day and $20 for a full day. Mileage is 20 cents a mile round trip if you live outside the courthouse town or city.
Can I get out of jury duty in New Hampshire if I am over 70?
If you are 70 or older and selected, you may tell the court before it convenes that you do not wish to serve, and you will be discharged (RSA 500-A:9, II). You have to ask; it is not automatic, and the Judicial Branch handles the request through eResponse.
Does my employer have to pay me for jury duty in New Hampshire?
New Hampshire's jury statute does not require private employers to pay wages during jury service. State classified employees get civil leave without loss of pay under the personnel rules and turn over the juror fee, keeping own-vehicle mileage.
Can I be fired for jury duty in New Hampshire?
No. RSA 500-A:14 bars an employer from firing, threatening or coercing you because of a summons or service. A fired employee may sue within one year for lost wages and reinstatement, with attorney's fees if successful.
Can a felon serve on a jury in New Hampshire?
Not unless the conviction has been annulled (RSA 500-A:7-a, V). Annulment is a court process under RSA 651:5 with waiting periods, and some convictions cannot be annulled.
How long is jury duty in New Hampshire?
You cannot be required to serve a term longer than 30 days unless you are on a trial or grand jury hearing still in progress (RSA 500-A:8). The Judicial Branch says most trials last less than a week.
How often can you be called for jury duty in New Hampshire?
Once you actually attend court as a juror, your name is kept off the master jury list for at least 3 years (RSA 500-A:16).
What happens if I miss jury duty in New Hampshire?
A selected juror who neglects to attend without sufficient cause may be held in contempt (RSA 500-A:19). A prospective juror who does not appear as the clerk directs under RSA 500-A:7, for example to complete an unreturned qualification form, and then fails to show cause when ordered commits a misdemeanor (RSA 500-A:20).
Can I postpone jury duty in New Hampshire?
Yes, you can ask through eResponse to defer service to another month if the month is particularly inconvenient, for example because of school, a temporary medical condition or work commitments. A judge rules on the request.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE LI COURTS, CHAPTER 500-A JURORS
§ 500-A:7-aQualifications of Jurors.In force
I. A juror shall be 18 years of age or older on or before the first day of reporting for jury duty. II. A juror shall be a citizen of the United States and a resident of the county of jury service. III. A juror shall have the ability to read, speak, and understand the English language. IV. A juror shall not be subject to any physical or mental disability which would bar effective jury service. V. A juror shall not have been convicted of any felony unless the conviction has been annulled.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:1Definitions.In force
In this chapter: I. "Clerk" means the clerk of the superior court in each county or judicial district or any of his deputies. II. "Court" means the superior court and regional jury trial courts. III. "Department" means the New Hampshire department of safety. IV. "Master jury list" means the list blended and compiled from the voter lists, which shall be provided by the secretary of state pursuant to RSA 654:45, VI on encrypted removable media, and from the official record of persons 18 years of age or older who hold a current New Hampshire driver's license or a department of safety identification card, which shall be provided by the department. Information contained in the master jury list shall be private and confidential and shall not be subject to RSA 91-A. V. "Office" means the administrative office of the courts. VI.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:11Excuse From Jury Service.In force
A person who is not disqualified for jury service may be excused from jury service by the court only upon a showing of undue hardship, extreme inconvenience, public necessity or for any other cause that the court deems appropriate. The person may be excused for the time deemed necessary by the court and shall report again for jury service, as directed by the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:14Protection of Juror's Employment; Action Brought by Employee.In forcecited in 2 of our articles
I. An employer shall not deprive an employee of his employment, or threaten or coerce him regarding his employment because the employee receives and responds to a summons, serves as a juror, or attends court for prospective jury service. II. Any employer who violates paragraph I may be found in contempt of court. III. If an employer discharges an employee in violation of paragraph I, the employee may, within one year of the discharge, bring a civil action for: (a) Recovery of wages lost as a result of the violation; and (b) An order requiring his reinstatement. IV. Damages recovered shall not exceed lost wages. If an employee prevails in an action under paragraph III, the employee shall be allowed a reasonable attorney's fee fixed by the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Also relied on in: Jury Duty Laws by State (2026): Exemptions, Pay, Job Protection
§ 500-A:15Compensation of Jurors.In forcecited in 2 of our articles
I. Grand and petit jurors' fees and mileage shall be paid by the state. The jurors' fees shall be $10 for each half day's attendance before a superior court; for each mile's travel to and from the place where the juror serves, mileage shall be paid at the rate of $.20 per mile, mileage to be allowed for each day's attendance when the juror is required to leave the town or city in which he resides. II. For the purposes of this section "attendance for a half day" means attendance either at the forenoon session or at the afternoon session. III. The clerk of the court attended shall determine whether a juror has attended for a half day. Said clerk may count travel time to reach the place where the juror serves in determining attendance of the juror, if the juror is required to travel more than 50 miles one way by the most direct route to reach the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:16Future Ineligibility.In force
The persons who actually attend court as jurors shall not have their names again placed on the master jury list for at least 3 years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:19Penalty for Neglect of Juror.In force
Any person who, without sufficient cause, neglects to attend court after having been selected as a juror and duly notified to so attend, may be found in contempt of court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:20Penalties.In forcecited in 2 of our articles
I. Any person shall be guilty of a misdemeanor who: (a) Is notified as a prospective juror and does not appear as directed by the clerk in accordance with RSA 500-A:7 and does not show cause for his failure to appear when ordered to do so by the court; or (b) Willfully misrepresents a material fact on a juror qualification form with the purpose of avoiding or securing service as a juror. II. [Repealed.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1997
Opinions citing this section in our collection:
- State v. Martel (Supreme Court of New Hampshire 1997, 141 N.H. 599)“…mplete the forms. RSA 500-A:7, I. The penalty provisions of RSA 500-A:20 for potential jurors who neglect to ret…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 500-A:6Juror Qualification Form.In force
I. When required to do so, the clerk shall draw from the master jury list the names or identifying numbers of as many prospective jurors as is necessary to create a sufficient jury pool. The names or identifying numbers of prospective jurors may be chosen either by random drawing or by computer on a random basis. The clerk shall prepare an alphabetical list of the names drawn. The names drawn on the list may be disclosed only to persons authorized to see the list under this chapter or upon specific order of the court. The addresses of jurors shall not be disclosed, except to counsel, to a pro se party examining juror qualification forms, or otherwise in accordance with court rule. II. The clerk shall make available to every prospective juror whose name is drawn from the master list a juror qualification form, accompanied by instructions to complete and submit the form to the clerk within 10 days after its receipt. III. The court shall prepare the juror qualification form.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:7Failure to Submit a Juror Qualification Form; Questioning by the Clerk or Court.In force
I. Any prospective juror who does not submit a completed juror qualification form as instructed shall be directed by the clerk to appear at the court to complete the juror qualification form. II. At the time of his or her appearance for jury service, or at the time of any interview before the court or clerk, a prospective juror may be required to complete another juror qualification form in the presence of the court or clerk. The prospective juror may then be questioned, but only with regard to his or her responses to questions contained on the form and grounds for his or her excuse for disqualification. Any information acquired by the court or clerk at such time shall be noted on the juror qualification form.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:8Term of Service.In force
Any person who is summoned to serve as a juror on the petit or grand jury shall not be required to serve a term longer than 30 days. A juror who is sitting on a trial in progress or a grand jury hearing in progress shall be required to serve until the trial or hearing is completed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 500-A:9Exemption From Jury Service.In forcecited in 2 of our articles
No qualified prospective juror is exempt from jury service, except under the following circumstances: I. [Repealed.] II. If any person at the age of 70 years or more is selected as a juror he or she may, at his or her discretion, inform the court prior to the convening of court that he or she does not wish to act as a juror. He or she shall then be discharged, and another juror may be drawn in his or her place. III. If any member of the general court or delegate to a constitutional convention is selected as a juror when the general court or a constitutional convention is in session, he or she may inform the court that he or she does not wish to act as a juror. IV. No person shall serve as a petit juror at a term of court at which he or she has a case pending which may be tried by the jury at that time. V, VI. [Repealed.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1997
Opinions citing this section in our collection:
- State v. Martel (Supreme Court of New Hampshire 1997, 141 N.H. 599)“…ather than by the clerk or subordinate jury officers. See RSA 500-A:9, :11. We conclude that excusal of seven…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New Hampshire Revised Statutes Annotated, TITLE VIII PUBLIC DEFENSE AND VETERANS' AFFAIRS, CHAPTER 111 THE STATE GUARD
§ 111:22Exemption From Jury Duty.In force
Every officer and enlisted man of the state guard shall, during his service therein, be exempt from jury duty.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 625 PRELIMINARY
§ 625:9Classification of Crimes.In forcecited in 18 of our articles
I. The provisions of this section govern the classification of every offense, whether defined within this code or by any other statute. II. Every offense is either a felony, misdemeanor or violation. (a) Felonies and misdemeanors are crimes. (b) A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense. III. A felony is murder or a crime so designated by statute within or outside this code or a crime defined by statute outside of this code where the maximum penalty provided is imprisonment in excess of one year; provided, however, that a crime defined by statute outside of this code is a felony when committed by a corporation or an unincorporated association if the maximum fine therein provided is more than $200. (a) Felonies other than murder are either class A felonies or class B felonies when committed by an individual. Felonies committed by a corporation or an unincorporated association are unclassified.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 65 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Samuel Pennock (Supreme Court of New Hampshire 2015, 168 N.H. 294)“…shall not include incarceration or probation”); see also RSA 625:9, IV(b) (2007) (defining a class B misde…”
- State v. Morrill (Supreme Court of New Hampshire 1983, 123 N.H. 707)“…ed the sum of $500. In 1971, the legislature enacted RSA 625:9, under which every offense defined with…”
- State v. Woods (Supreme Court of New Hampshire 1995, 139 N.H. 399)“…es that his violation is not a “criminal” act because under RSA 625:9, 11(b) (1986), a violation is not a “cr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Audio Recording Laws, New Hampshire Dashcam Laws, New Hampshire Landlord-Tenant Recording Laws
New Hampshire Revised Statutes Annotated, TITLE LXII CRIMINAL CODE, CHAPTER 651 SENTENCES
§ 651:2Sentences and Limitations.In forcecited in 20 of our articles
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen years for a class A felony, (b) Seven years for a class B felony, (c) One year for a class A misdemeanor, (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order. II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a. II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of 3 years imprisonment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 147 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Russell (2009) found plain error where the jury was never asked whether the deadly weapon was a firearm, as RSA 651:2, II-g requires, but affirmed the extended term because that evidence was overwhelming. State v. Elbert (1984) held the minimum and maximum term rule of RSA 651:2, II applies only if a defendant is parole eligible.
Opinions citing this section in our collection:
- State v. Kousounadis (Supreme Court of New Hampshire 2009, 159 N.H. 413)“…rder, see RSA 173-B:9, III (2002). He was sentenced under RSA 651:2, II-g (2007). We affirm in part, revers…”
- State v. Russell (Supreme Court of New Hampshire 2009, 159 N.H. 475)✓A jury convicted Russell of armed robbery but was never instructed it had to find the deadly weapon was a firearm; the court called the resulting RSA 651:2, II-g enhanced sentence plain error yet declined to disturb it given overwhelming, undisputed firearm evidence.
- Duquette v. Warden, New Hampshire State Prison (Supreme Court of New Hampshire 2007, 154 N.H. 737)✓A prisoner serving consecutive sexual assault terms argued no statute allowed them; the court found RSA 651:2 silent on consecutive sentences except its firearm provision in II-b, but held trial courts retain common law authority to impose them and rejected a vagueness challenge.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Medical Recording Laws, New Hampshire Phone Call Recording Laws, New Hampshire Laws on Recording Police
§ 651:5Annulment of Criminal Records.In forcecited in 7 of our articles
I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare. The court may grant or deny an annulment without a hearing, unless a hearing is requested by the petitioner. II. For an offense disposed of before January 1, 2019 and any offense not subject to paragraph II-a, any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time in accordance with the provisions of this section. Any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court may petition for annulment of the arrest record or court record, or both, in accordance with the provisions of this section. Nothing in this paragraph shall limit the provisions of subparagraph XI(b). II-a.
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):Panas v. Harakis (1987) held RSA 651:5's "in all respects" language barred disclosure of annulled convictions in a civil suit, though facts underlying a conviction were not erased. Wolfgram v. New Hampshire Department of Safety (2016) held habitual offender notations revealing annulled convictions must stay off a public driving record.
Opinions citing this section in our collection:
- Panas v. Harakis (Supreme Court of New Hampshire 1987, 129 N.H. 591)✓In a false imprisonment and negligent hiring suit over a K-Mart guard whose convictions had been annulled, the court held RSA 651:5 barred even in camera review of the annulment dates, but did not bar evidence of the incident underlying an annulled conviction.
- State v. Comeau (Supreme Court of New Hampshire 1997, 142 N.H. 84)✓Comeau petitioned in 1995 to annul 1991 felony convictions under the shorter old waiting period; the court held the 1994 rewrite of RSA 651:5 governs petitions filed after January 1, 1995, and its longer waiting periods are remedial, not ex post facto punishment.
- Doe v. State (Supreme Court of New Hampshire 1974, 114 N.H. 714)✓An eighteen year old fined $25 in 1971 for concealing a 79 cent ping-pong ball sought annulment under RSA 651:5; the court held the statute reaches convictions predating the 1973 criminal code, covers a fine-only sentence, and does not invade the Governor's pardon power.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire Expungement Laws: How Record Annulment Works Under RSA 651:5, New Hampshire Background Check Laws (2026 Guide), New Hampshire Court Records: How to Search the Case Access Portal, What's Public, and How Annulment Works
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Sources and References
- RSA 500-A:7-a, qualifications of jurors (New Hampshire General Court)(gc.nh.gov).gov
- RSA 500-A:15, juror compensation (New Hampshire General Court)(gc.nh.gov).gov
- RSA 500-A:1, master jury list (New Hampshire General Court)(gc.nh.gov).gov
- RSA 651:5, annulment of criminal records (New Hampshire General Court)(gc.nh.gov).gov
- RSA 500-A:9, exemptions (New Hampshire General Court)(gc.nh.gov).gov
- RSA 111:22, State Guard jury exemption (New Hampshire General Court)(gc.nh.gov).gov
- 10 U.S.C. § 982, service on state and local juries (GovInfo)(www.govinfo.gov).gov
- RSA 500-A:11, excuse from jury service (New Hampshire General Court)(gc.nh.gov).gov
- New Hampshire Judicial Branch, Jurors(www.courts.nh.gov).gov
- RSA 500-A:14, protection of juror's employment (New Hampshire General Court)(gc.nh.gov).gov
- N.H. Code Admin. R. Per 1208.01, civil leave (New Hampshire General Court, administrative rules)(gc.nh.gov).gov
- RSA 500-A:6, juror qualification form (New Hampshire General Court)(gc.nh.gov).gov
- RSA 500-A:7, failure to submit qualification form (New Hampshire General Court)(gc.nh.gov).gov
- RSA 500-A:19 and 500-A:20, contempt and misdemeanor penalties (New Hampshire General Court)(gc.nh.gov).gov
- RSA 500-A:8, term of service (New Hampshire General Court)(gc.nh.gov).gov
- New Hampshire Judicial Branch, eResponse juror portal(nhcourtsjury.org).gov
- New Hampshire Department of Justice, jury duty scam consumer alert (November 2020)(doj.nh.gov).gov
- RSA 625:9, classification of crimes (New Hampshire General Court)(gc.nh.gov).gov
- RSA 651:2, sentences and limitations (New Hampshire General Court)(gc.nh.gov).gov