New Hampshire Criminal Record Annulment: Waiting Periods and Filing

A New Hampshire criminal record annulment is a court order that seals a conviction, arrest, or dismissed charge and treats it, for most state purposes, as if it never happened. You file a petition under RSA 651:5 in the court where the case occurred, wait out the eligibility period tied to your offense class, and ask a judge to find that annulment will help your rehabilitation and is consistent with the public welfare. Once granted, the record disappears from public background checks and you can answer “no” on most job and licensing applications that ask about your history.

Waiting Periods by Offense Class

Your waiting period runs from the day you finish every part of your sentence: incarceration, probation, parole, and payment of all fines. RSA 651:5 sets the following periods:

Violation: 1 year.
Class B misdemeanor: 3 years.
Class A misdemeanor: 5 years.
Misdemeanor domestic violence under RSA 631:2-b: 10 years. A second domestic violence conviction blocks annulment of the earlier one until the newer conviction becomes eligible.
Class B felony: 5 years, with the exceptions below.
Class A felony: 10 years.
Felony drug offense under RSA 318-B:26, II: 2 years, regardless of felony class.
Felony obscenity under RSA 645:1, II: 10 years, even though it would otherwise be a Class B felony.
DWI: 10 years from the date of conviction, under RSA 265-A:21.

You have to stay conviction-free the entire time. Any new criminal activity between the end of your sentence and the filing date will cost you the annulment, and it can reset the clock on the original offense.¹

Convictions That Can Never Be Annulled

Some convictions are permanently off the table. RSA 651:5 bars annulment for any “violent crime,” any felony obstruction of justice offense, and any offense that carried an extended prison term under RSA 651:6. The statute defines violent crime by list:¹

Capital murder, first or second degree murder, manslaughter, and Class A felony negligent homicide.
First degree assault.
Aggravated felonious sexual assault and felonious sexual assault.
Kidnapping and criminal restraint.
Class A felony arson.
Robbery.
Incest under RSA 639:2, III and endangering welfare of a child by solicitation under RSA 639:3, III.
Any felony under RSA 649-A involving child sexual abuse images.

Felony obstruction of justice covers witness tampering, evidence falsification, and similar felony-level interference with government operations.

Arrests and Dismissed Charges

An arrest or charge that never became a conviction still shows up on background checks until it is annulled, and the process is easier than for convictions.

If the court disposed of your case on or after January 1, 2019 by dismissal, the arrest and court record should be annulled automatically 30 days after the dismissal order, provided no appeal was filed. For charges dropped by the prosecutor (nolle prosequi) or vacated, you can petition at any time with no waiting period.¹

For dismissals, nolle prosequis, or not-guilty findings before January 1, 2019, automatic annulment does not apply. You still file a petition, but again there is no waiting period.²

Non-conviction petitions are exempt from the NHSP and Department of Safety processing fees. You still pay the court filing fee unless you qualify for a waiver on grounds of indigency.¹

Fees and Paperwork

The court filing fee is $125 per court location where the conviction occurred.³ For conviction-based petitions, NHSP Criminal Records adds $100 per court, and the Department of Safety charges another $100 to research and correct your criminal history record after the annulment is granted.¹ Convictions in multiple courts mean separate fees for each. Indigent filers can request a waiver of the state-level fees.

Before you fill anything out, get your official criminal record from NHSP Criminal Records. Use the Criminal History Record Information Release Authorization Form; under “Purpose of Record” check the “Annulment/Expungement” code, and also check “Other” and write in that you want a “full and confidential” record. You need the docket number, conviction date, and statutory charge exactly as the state has them.⁴

The standard form for conviction-based annulments is the Petition to Annul Record (form 2317-DSe). Separate forms exist for non-conviction annulments, marijuana offenses, and juvenile records, all on the Judicial Branch website.⁵ Copy the information from your official record onto the petition word for word. A mismatch is one of the fastest ways to have a petition delayed.

Filing and What the Judge Decides

File the petition in the court where the conviction or arrest happened, with the filing fee. The court notifies the prosecutor and the relevant state agencies, which run an updated background check to confirm you have stayed clean and submit a recommendation.

The judge then decides whether annulment “will assist in the petitioner’s rehabilitation and will be consistent with the public welfare.” That is the legal standard, and the court has discretion within it.¹

If the prosecutor objects, the court schedules a hearing. If no one objects and you clearly qualify, the judge can grant the petition on paperwork alone and mail you the signed order. The court and state agencies then seal the records.

What Annulment Does and Does Not Do

Employment and Licensing

After an annulment, employers and licensing agencies are limited in what they can ask. Any application for a job, license, or other civil right can only ask: “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?” If your only conviction has been annulled, you can legally answer “no.”¹

Firearm Rights

RSA 159:3 prohibits anyone convicted of a felony against a person or property, or a felony drug offense, from possessing firearms. An annulment can lift that prohibition for eligible felony convictions, and the New Hampshire Supreme Court has held that annulment fully restores firearm rights, including for purposes of the federal firearms bar.⁶

Federal Records

The federal government does not recognize New Hampshire annulments. Federal courts, immigration authorities, and federal background checks may still show the original conviction. If you are facing immigration proceedings, applying for a federal security clearance, or dealing with a federal case, the annulled state conviction can still be visible and relevant.

DWI

An annulled DWI is treated differently from other annulled records. The conviction is kept in a permanent file that can be reopened if you are charged with another DWI, and the earlier conviction can count for sentencing on the new offense.

If Your Petition Is Denied

A denial imposes a mandatory three-year wait before you can file again.¹ That makes the first petition the important one. Filing before you are clearly eligible, or submitting paperwork that does not match the state’s records, can cost you years.

You can also appeal a denial to the New Hampshire Supreme Court, which generally accepts appeals from trial courts as mandatory.⁷ An appeal is a serious undertaking and usually calls for an attorney, but it is an option if you believe the trial court applied the wrong standard or missed a key fact.

1
New Hampshire General Court. New Hampshire Revised Statutes Section 651:5 – Annulment of Criminal Records
2
New Hampshire Judicial Branch. Annulment of Criminal Records
3
New Hampshire Judicial Branch. Circuit Court Filing Fees
4
New Hampshire Division of State Police. Criminal Record Annulments
5
New Hampshire Judicial Branch. Annulment – District Division
6
New Hampshire General Court. New Hampshire Revised Statutes Section 159:3 – Convicted Felons
7
New Hampshire Judicial Branch. Appeal Process