Clearing a DUI From Your Record in New Hampshire
Whether a DUI or DWI conviction can be expunged or sealed in New Hampshire, and what to do instead if it can't.
Short answer: 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. RSA 265-A:21, I
| DUI / DWI convictions | 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. Source: RSA 265-A:21, I |
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| How to apply | 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. Source: RSA 651:5, I, VII–IX, X(b) |
Where to get help in New Hampshire
More New Hampshire expungement & criminal records
- Getting a Copy of Your New Hampshire Criminal Record
- Expunging or Sealing a Felony in New Hampshire
- How to File for Expungement in New Hampshire
- Sealing or Expunging Juvenile Records in New Hampshire
- All New Hampshire expungement & criminal records rules
FAQ
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 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.
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.