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New Hampshire Expungement Laws: How to Clear or Seal a Criminal Record

How to expunge or seal a criminal record in New Hampshire: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.

Quick answers for New Hampshire

What relief the state offers
New Hampshire's remedy is "annulment" of arrest, conviction and sentence records. After annulment, the person is treated in nearly all respects as if they had never been arrested, convicted or sentenced, and court records are sealed. RSA 651:5, 651:5-b
Misdemeanor convictions
A person who has completed all terms of the sentence and has had no new conviction (other than minor motor vehicle violations, not including DWI) can petition after a waiting period: 1 year for a violation, 2 years for a class B misdemeanor, 3 years for a class A misdemeanor, and 10… RSA 651:5, I, III, IV, VI
Felony convictions
Felony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. RSA 651:5, III(d)–(g), V, VI, XIII, XIV
Automatic (clean slate) relief
Partly. For offenses disposed of on or after January 1, 2019, arrest and court records of cases ending in a not-guilty finding on all charges, dismissal or no prosecution are annulled automatically 30 days after the decision (or after an appeal). RSA 651:5, II-a

Last verified: 2026-10-27

Who qualifies

What relief the state offersNew Hampshire's remedy is "annulment" of arrest, conviction and sentence records. After annulment, the person is treated in nearly all respects as if they had never been arrested, convicted or sentenced, and court records are sealed. Most convictions can be annulled after a waiting period, while violent crimes and some others cannot. Arrests that end in dismissal or acquittal are annulled automatically. There is also a special marijuana annulment law. The Governor and Executive Council can grant pardons.
Source: RSA 651:5, 651:5-b
Arrests and dismissed chargesFor offenses disposed of on or after January 1, 2019, an arrest that ends in a not-guilty finding on all charges, a dismissal, or no prosecution is annulled automatically. This happens 30 days after the dismissal or not-guilty finding, or after an appeal of a dismissal is decided. A vacated conviction is also annulled. For older cases, the person may petition at any time. The Department of Corrections investigation fee and the state police fee are waived for these cases.
A 2026 amendment effective January 1, 2027 adds that no filing fee may be charged for a petition to annul under paragraph II-a(a).
Source: RSA 651:5, II, II-a, IX, X(d)
Misdemeanor convictionsA person who has completed all terms of the sentence and has had no new conviction (other than minor motor vehicle violations, not including DWI) can petition after a waiting period: 1 year for a violation, 2 years for a class B misdemeanor, 3 years for a class A misdemeanor, and 10 years for misdemeanor domestic violence. For some recent violations and class B misdemeanors, the court determines eligibility and the prosecutor has 20 days to object. If a person has several convictions, the waiting periods for all of them must be met. The court grants annulment if it will help the person's rehabilitation and is consistent with the public welfare, with no hearing unless the person asks for one. After a denial, the person must wait 3 years to refile.
Source: RSA 651:5, I, III, IV, VI
Felony convictionsFelony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. Never eligible: violent crimes (such as murder, manslaughter, first-degree assault, aggravated or felonious sexual assault, kidnapping, class A arson, robbery, and felony child sexual abuse images), felony obstruction of justice, and any offense that received an extended term of imprisonment. If any conviction on the record is barred, none can be annulled.
Source: RSA 651:5, III(d)–(g), V, VI, XIII, XIV
DUI / DWI convictionsYes, after a longer wait. A conviction for DWI (including boat or OHRV operation under the influence) or aggravated DWI cannot be annulled until 10 years after the conviction. An annulled DWI record is kept in a permanent file that can be opened only for sentencing on a later DWI offense.
Source: RSA 265-A:21, I
Juvenile recordsJuvenile delinquency court records are kept separate and are not open to the public. They may be seen only by the people listed in the law (such as the minor, parents, the minor's attorney and treatment providers), or by court order or with the minor's written consent. When a delinquent turns 21, all court records and individual institutional records, including police records, are closed and placed in an inactive file. Police and prosecutors may still use juvenile police records in criminal investigations and prosecutions.
Source: RSA 169-B:35
Past marijuana convictionsYes. Anyone arrested or convicted for possessing 3/4 of an ounce of marijuana or less, for an offense before September 16, 2017, may petition the court at any time to annul the arrest record, court record or both. The petition must state that the amount was 3/4 ounce or less and be sent to the prosecutor. If the prosecutor does not object within 10 days, the court must grant it; otherwise the court holds a hearing.
Source: RSA 651:5-b

How to apply

How to applyFile a petition for annulment with the sentencing court once the waiting period has passed. The court has the Department of Corrections report on the person's state and federal record. The court may grant or deny without a hearing unless the person asks for one. If a new disqualifying charge is filed before the decision, the petition waits until that charge is resolved. Petitions that do not meet the requirements are dismissed without a hearing. When annulment is granted, the court issues a certificate and notifies the state police, prosecutor and arresting agency.
Source: RSA 651:5, I, VII–IX, X(b)
Filing feeThe Department of Corrections charges $100 for the background investigation, and the state police charge a successful petitioner up to $100 to remove the record. Both are waived for people who show they are indigent and for not-guilty, dismissed or unprosecuted cases. The court's own filing fee was not confirmed on an official page.
Source: RSA 651:5, IX, X(d)
Automatic (clean slate) reliefPartly. For offenses disposed of on or after January 1, 2019, arrest and court records of cases ending in a not-guilty finding on all charges, dismissal or no prosecution are annulled automatically 30 days after the decision (or after an appeal). Records of vacated convictions are also annulled. Convictions require a petition.
Source: RSA 651:5, II-a

After your record is cleared

What clearing a record doesAfter annulment, the person is treated in all respects as if never arrested, convicted or sentenced. The annulled conviction can still be considered at sentencing for a later crime and counted toward habitual-offender status. Court records are sealed and open only to the person, their attorney, courts for sentencing and law enforcement for legitimate purposes. On applications for employment, licenses or other rights, and as a witness, a person may be asked only about crimes "not annulled by a court." Law enforcement may keep the records for investigations and for officer-fitness reviews. Journalists and others are not penalized for publishing or not removing earlier reports of the record.
The statute does not address firearm rights or immigration; state annulment may not control how federal authorities treat a record.
Source: RSA 651:5, X, XI, XVI, XVII
PardonsPardons and commutations are granted by the Governor with the Executive Council, on petition. Written notice of each petition must be given to the state's counsel and others the Governor directs, and the prosecutor may be required to provide a summary of the case.
Source: RSA 4:21

Where to get help in New Hampshire

Expungement & Criminal Records FAQ

Can you get a criminal record expunged in New Hampshire?
New Hampshire's remedy is "annulment" of arrest, conviction and sentence records. After annulment, the person is treated in nearly all respects as if they had never been arrested, convicted or sentenced, and court records are sealed. Most convictions can be annulled after a waiting period, while violent crimes and some others cannot. Arrests that end in dismissal or acquittal are annulled automatically. There is also a special marijuana annulment law. The Governor and Executive Council can grant pardons.
Can you clear an arrest or dismissed charge in New Hampshire?
For offenses disposed of on or after January 1, 2019, an arrest that ends in a not-guilty finding on all charges, a dismissal, or no prosecution is annulled automatically. This happens 30 days after the dismissal or not-guilty finding, or after an appeal of a dismissal is decided. A vacated conviction is also annulled. For older cases, the person may petition at any time. The Department of Corrections investigation fee and the state police fee are waived for these cases.
Can a misdemeanor be expunged in New Hampshire?
A person who has completed all terms of the sentence and has had no new conviction (other than minor motor vehicle violations, not including DWI) can petition after a waiting period: 1 year for a violation, 2 years for a class B misdemeanor, 3 years for a class A misdemeanor, and 10 years for misdemeanor domestic violence. For some recent violations and class B misdemeanors, the court determines eligibility and the prosecutor has 20 days to object. If a person has several convictions, the waiting periods for all of them must be met. The court grants annulment if it will help the person's rehabilitation and is consistent with the public welfare, with no hearing unless the person asks for one. After a denial, the person must wait 3 years to refile.
Can a felony be expunged in New Hampshire?
Felony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. Never eligible: violent crimes (such as murder, manslaughter, first-degree assault, aggravated or felonious sexual assault, kidnapping, class A arson, robbery, and felony child sexual abuse images), felony obstruction of justice, and any offense that received an extended term of imprisonment. If any conviction on the record is barred, none can be annulled.
Does New Hampshire have automatic record clearing (clean slate)?
Partly. For offenses disposed of on or after January 1, 2019, arrest and court records of cases ending in a not-guilty finding on all charges, dismissal or no prosecution are annulled automatically 30 days after the decision (or after an appeal). Records of vacated convictions are also annulled. Convictions require a petition.
Can a DUI be expunged in New Hampshire?
Yes, after a longer wait. A conviction for DWI (including boat or OHRV operation under the influence) or aggravated DWI cannot be annulled until 10 years after the conviction. An annulled DWI record is kept in a permanent file that can be opened only for sentencing on a later DWI offense.
How do you seal a juvenile record in New Hampshire?
Juvenile delinquency court records are kept separate and are not open to the public. They may be seen only by the people listed in the law (such as the minor, parents, the minor's attorney and treatment providers), or by court order or with the minor's written consent. When a delinquent turns 21, all court records and individual institutional records, including police records, are closed and placed in an inactive file. Police and prosecutors may still use juvenile police records in criminal investigations and prosecutions.
How do you file for expungement in New Hampshire?
File a petition for annulment with the sentencing court once the waiting period has passed. The court has the Department of Corrections report on the person's state and federal record. The court may grant or deny without a hearing unless the person asks for one. If a new disqualifying charge is filed before the decision, the petition waits until that charge is resolved. Petitions that do not meet the requirements are dismissed without a hearing. When annulment is granted, the court issues a certificate and notifies the state police, prosecutor and arresting agency.
How much does expungement cost in New Hampshire?
The Department of Corrections charges $100 for the background investigation, and the state police charge a successful petitioner up to $100 to remove the record. Both are waived for people who show they are indigent and for not-guilty, dismissed or unprosecuted cases. The court's own filing fee was not confirmed on an official page.
What happens after a record is expunged or sealed in New Hampshire?
After annulment, the person is treated in all respects as if never arrested, convicted or sentenced. The annulled conviction can still be considered at sentencing for a later crime and counted toward habitual-offender status. Court records are sealed and open only to the person, their attorney, courts for sentencing and law enforcement for legitimate purposes. On applications for employment, licenses or other rights, and as a witness, a person may be asked only about crimes "not annulled by a court." Law enforcement may keep the records for investigations and for officer-fitness reviews. Journalists and others are not penalized for publishing or not removing earlier reports of the record.
How do you get a pardon in New Hampshire?
Pardons and commutations are granted by the Governor with the Executive Council, on petition. Written notice of each petition must be given to the state's counsel and others the Governor directs, and the prosecutor may be required to provide a summary of the case.
Can old marijuana convictions be cleared in New Hampshire?
Yes. Anyone arrested or convicted for possessing 3/4 of an ounce of marijuana or less, for an offense before September 16, 2017, may petition the court at any time to annul the arrest record, court record or both. The petition must state that the amount was 3/4 ounce or less and be sent to the prosecutor. If the prosecutor does not object within 10 days, the court must grant it; otherwise the court holds a hearing.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.