Expungement Attorneys in New Hampshire
Expungement in New Hampshire
New Hampshire uses the term annulment to refer to denying public access to your conviction records. This is similar to what other states refer to as record sealing, and is not a complete destruction of your criminal record like expungement. With an annulment, law enforcement and public licensing agencies may still view your record. In addition, annulled records may be used for sentence enhancements if you are convicted of a felony or misdemeanor later.
Like an expungement or record sealing, with an annulment you can legally say “no” on any private employment, rental, or school application regarding previous arrests, convictions, or criminal sentences. However, if you are applying for a law enforcement position or a license to practice law or real estate you must disclose your any prior convictions regardless of annulment.
New Hampshire only allows for expungement of your records if you have been arrested for prowling or loitering and only if you were not permitted to explain the circumstances for your arrest or where the arrest was legally unjustifiable. Arrests for these crimes that are not prosecuted, or where you are found not guilty, are automatically expunged.
You are eligible for annulment at any time if you were not prosecuted or were not found guilty of the crime for which you were arrested. For other eligible offenses, you are eligible to apply for an annulment only after you have completed your sentence, including probation, payment of fines or restitution, and participation in court-ordered programs.
New Hampshire does have a waiting period after your sentence before you are eligible to apply and only if you have no other pending offenses or criminal convictions:
- For Class A misdemeanors there is a three (3) year waiting period
- For Class B misdemeanors there is a three (3) year waiting period
- For Class A felonies there is a ten (10) year waiting period
- For Class B felonies there is a five (5) year waiting period
- For sexual assault there is a ten (10) year waiting period
- For felony indecent exposure or lewdness there is a ten (10) year waiting period.
Offenses involving driving while intoxicated are not eligible until no less than ten (10) year has passed since your conviction.
What does make New Hampshire different in their process is that you may apply for an annulment, or expungement, more than once. If you are convicted of a subsequent criminal offense that is eligible for annulment, you can apply for another annulment after the waiting period.
If you do apply for an annulment, and are denied for any reason, there is a three (3) year waiting period before you are eligible to reapply.