In New Hampshire, what most people call “expungement” is legally known as annulment. The governing law is primarily RSA 651:5 (and related sections). Here’s a clear, practical breakdown of how it works:
⚖️ 1. Key Concept: “Annulment” (NH’s version of expungement)
- New Hampshire does not widely use traditional expungement terminology. Instead, it uses annulment, which is very similar.
- Annulment seals the record from public view and, in most situations, treats the event as if it never happened.
- However, law enforcement and courts may still access the record in limited situations.
👉 Legal authority: RSA 651:5 (Annulment of Criminal Records)
⏳ 2. Eligibility & Waiting Periods
You must complete all terms of your sentence (including probation, fines, restitution) before the clock starts.
✔️ Non-convictions (dismissed, not guilty)
- Often eligible immediately or after ~30 days
- Many post-2019 dismissals may be automatically annulled in some cases
✔️ Convictions (general guidelines)
Waiting periods depend on severity:
- Violations: ~1 year
- Misdemeanors: ~3 years
- Lower-level felonies: ~5 years
- Serious felonies: ~10 years
⚠️ These are typical ranges, but exact timing depends on the statute and offense class.
❌ 3. Offenses That Usually Cannot Be Annulled
New Hampshire excludes certain serious crimes, such as:
- Murder or manslaughter
- Sexual assault offenses
- Violent crimes involving weapons
- Certain crimes against children
- Some repeat offenses (like repeat DWI)
🧾 4. How the Process Works
- You must file a “Petition to Annul” in the court where the case was handled.
- A separate petition is required for each case/charge.
- The court may request a background investigation.
- A judge decides based on:
- Time passed
- Your behavior since the offense
- Whether annulment supports rehabilitation and public welfare
Approval is not automatic.
✨ 5. Effect of Annulment
If granted:
- The record is sealed from public access
- You can usually legally say the incident did not occur (with some exceptions)
- It improves access to jobs, housing, and licensing
But:
- Courts and law enforcement can still see it in certain cases
👑 6. Pardons (Different from Annulment)
- A pardon in New Hampshire is granted by the Governor and Executive Council
- It does not erase the record, but forgives the offense
- Typically used when:
- The offense is not eligible for annulment
- You want restoration of certain rights
🧠 Bottom line
- New Hampshire’s system is annulment-based, not traditional expungement
- Many records can be sealed, but not all
- Waiting periods and eligibility depend heavily on the offense type
- Pardons are rare and serve a different purpose
Main Office Information
NH Department of Justice
1 Granite Place South
Concord, NH 03301
Telephone: (603) 271-3658
Fax: (603) 271-2110
TDD Access: Relay NH 1-800-735-2964
Email: attorneygeneral@doj.nh.gov