How to File for Expungement in New Hampshire
How to apply to clear a criminal record in New Hampshire: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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. RSA 651:5, I, VII–IX, X(b)
| 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) |
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| Filing fee | 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. Source: RSA 651:5, IX, X(d) |
| Arrests and dismissed charges | 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. 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) |
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
- Clearing a DUI From Your Record in New Hampshire
- Sealing or Expunging Juvenile Records in New Hampshire
- All New Hampshire expungement & criminal records rules
FAQ
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.
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.
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.