Expunging a Criminal Record in New Hampshire (2026)
Reviewed by DocDraft Legal Team · New Hampshire · Last updated August 19, 2026
New Hampshire does not use the word 'expungement' for clearing an adult criminal record. Its relief is called annulment, and it is governed by RSA 651:5. When a court grants an annulment, it orders the arrest, conviction, and sentence annulled so that in most situations you may lawfully answer that you have no such record. Eligibility turns on the offense class and a waiting period that runs from the completion of all terms of your sentence, ranging from one year for a violation to ten years for a Class A felony. Certain serious offenses, including violent crimes and felony obstruction of justice, can never be annulled. You file the petition in the New Hampshire court that heard the case, and the New Hampshire State Police update the state and FBI criminal history records.
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What are you trying to clear?
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What record-clearing relief does New Hampshire offer, and what is it called?
New Hampshire calls its relief annulment, not expungement or sealing. Under RSA 651:5, a court orders the arrest, conviction, and sentence annulled. Once annulled, you may generally respond to inquiries as if the offense never occurred, though some agencies retain limited access to the underlying record.
Can you annul a felony conviction in New Hampshire?
Yes, many felonies can be annulled in New Hampshire under RSA 651:5. A Class B felony generally requires a five-year wait and a Class A felony a ten-year wait after completing your full sentence. However, violent crimes, felony obstruction of justice, and extended-term sentences under RSA 651:6 can never be annulled.
Does New Hampshire have an automatic 'clean slate' law that clears records without a petition?
No. New Hampshire has no automatic clean-slate system for adult convictions. Annulment under RSA 651:5 is petition-only, so you must file a request with the court, pay the fees, and wait for a judge to grant it. Records are not cleared automatically once a waiting period passes.
How much does it cost to petition for an annulment in New Hampshire?
You pay a court filing fee of about $125 to file a petition to annul under RSA 651:5. If the petition is granted, the New Hampshire State Police charge an additional administrative fee of about $100 to remove the annulled record from the state and FBI criminal history databases. Confirm current amounts with the court.
What is the waiting period to annul a record in New Hampshire by offense class?
Under RSA 651:5, the wait runs from completing all sentence terms: one year for a violation, three years for a Class B or Class A misdemeanor, two years for a felony drug possession under RSA 318-B:26, II, five years for a Class B felony, and ten years for a Class A felony.
New Hampshire Clears Records by Annulment Under RSA 651:5, Not Expungement
New Hampshire is distinct in that it does not offer 'expungement' or 'sealing' of an adult record; its relief is annulment under RSA 651:5. When a court grants an annulment, it orders the arrest, conviction, and sentence annulled, and the person may generally answer inquiries as though the record does not exist, subject to limited exceptions for law enforcement and certain licensing. Eligibility depends on the offense class and a waiting period measured from the date you complete every term of your sentence, including incarceration, probation, parole, and payment of fines and restitution. The waits are one year for a violation, three years for a Class B or Class A misdemeanor, two years for a felony drug-possession offense under RSA 318-B:26, II, five years for a Class B felony, and ten years for a Class A felony. Some offenses can never be annulled, including any violent crime, felony obstruction of justice, and any offense for which the person received an extended term of imprisonment under RSA 651:6. If a person has more than one conviction, no annulment is granted until the waiting periods for all offenses of record have passed, and a denied petition generally cannot be refiled more often than every three years. New Hampshire has no automatic clean-slate program; you must petition. You file in the New Hampshire court that entered the conviction, and the New Hampshire State Police update the state and FBI criminal history records after a grant.
Relevant Laws
Annulment of Criminal Records (RSA 651:5)
New Hampshire's core record-clearing statute. It authorizes a court to order an arrest, conviction, and sentence annulled if annulment will assist rehabilitation and is consistent with the public welfare, and sets the waiting periods and exclusions. New Hampshire uses annulment rather than expungement or sealing.
Waiting Periods and Excluded Offenses (RSA 651:5, III-V)
Sets the waits measured from completing the full sentence: one year for a violation, three years for a Class B or Class A misdemeanor, five years for a Class B felony, and ten years for a Class A felony. It bars annulment of violent crimes, felony obstruction of justice, and extended-term sentences under RSA 651:6.
Marijuana Possession Annulment (RSA 651:5-b)
Provides a streamlined path to annul arrests and convictions for possession of small amounts of marijuana that were later decriminalized in New Hampshire. It works alongside the general annulment statute and reflects the state's petition-based, offense-specific approach to clearing records.
No General Federal Expungement of State Records
There is no general federal statute to expunge a New Hampshire state conviction. Record clearing is state law, so New Hampshire annulment under RSA 651:5 is the primary route. New Hampshire also has no automatic clean-slate system, so eligible records are cleared only by petition, never automatically.
Regional Variances
New Hampshire Annulment Eligibility Table (RSA 651:5)
Relief type and name
New Hampshire offers annulment under RSA 651:5, not expungement or sealing. A court orders the arrest, conviction, and sentence annulled, and the person may then generally answer as if the record does not exist. It is petition-based; New Hampshire has no automatic clean-slate program for adult convictions.
Waiting periods by offense class
Measured from completing all sentence terms under RSA 651:5: violation one year; Class B misdemeanor three years; Class A misdemeanor three years; felony drug possession under RSA 318-B:26, II two years; Class B felony five years; Class A felony ten years. With multiple convictions, all applicable waits must pass first.
Excluded offenses that can never be annulled
Under RSA 651:5, no annulment is available for any violent crime, for felony obstruction of justice offenses, or for any offense for which the person received an extended term of imprisonment under RSA 651:6. Certain serious and sexual offenses are likewise excluded from annulment in New Hampshire.
Fees and refiling
A New Hampshire court filing fee of about $125 applies to a Petition to Annul, plus a New Hampshire State Police administrative fee of about $100 to update the state and FBI records after a grant. Fee waivers may be available. A denied petition generally cannot be refiled more often than every three years.
Clean-slate status and where records are updated
New Hampshire is petition-only with no automatic sealing. You file in the New Hampshire court that entered the conviction, the court orders an investigative report from the Department of Corrections, and after a grant the New Hampshire State Police remove the annulled entry from the state and FBI criminal history records.
Suggested Compliance Checklist
Confirm your offense class and RSA 651:5 waiting period
Before you file days after startingVerify the class of each offense and that the RSA 651:5 waiting period has passed since you completed every sentence term: one year for a violation, three years for a misdemeanor, five years for a Class B felony, ten years for a Class A felony. Confirm the offense is not a never-annullable violent crime or obstruction of justice offense.
Obtain your New Hampshire criminal history record
Before drafting the petition days after startingRequest your criminal history record information from the New Hampshire State Police so every arrest and conviction is listed accurately. If you have more than one conviction, confirm that the waiting periods for all offenses of record under RSA 651:5 have passed, because a single ineligible offense can block the entire petition.
Prepare the Petition to Annul for the correct New Hampshire court
Before filing days after startingComplete the New Hampshire Judicial Branch Petition to Annul Record of Arrest, Conviction and Sentence for the specific court that entered the conviction, whether the Circuit Court District Division or the Superior Court. List each offense you want annulled and confirm you are using the current form with the clerk.
File the petition and pay or request a waiver of the fee
When the waiting period has passed days after startingFile the Petition to Annul in the New Hampshire court that heard the case and pay the court filing fee of about $125, or move for a fee waiver if you cannot afford it. The court will order the Department of Corrections and other agencies to investigate and report before deciding whether to grant annulment.
Confirm the State Police update your state and FBI records
After the court grants annulment days after startingIf the court grants the annulment, pay the New Hampshire State Police administrative fee of about $100 and confirm the annulled entry is removed from the state and FBI criminal history databases. Keep a certified copy of the order. An attorney can help if a prosecutor objects or an agency continues to report the record.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your offense class and RSA 651:5 waiting period | Verify the class of each offense and that the RSA 651:5 waiting period has passed since you completed every sentence term: one year for a violation, three years for a misdemeanor, five years for a Class B felony, ten years for a Class A felony. Confirm the offense is not a never-annullable violent crime or obstruction of justice offense. | - | Before you file |
| Obtain your New Hampshire criminal history record | Request your criminal history record information from the New Hampshire State Police so every arrest and conviction is listed accurately. If you have more than one conviction, confirm that the waiting periods for all offenses of record under RSA 651:5 have passed, because a single ineligible offense can block the entire petition. | - | Before drafting the petition |
| Prepare the Petition to Annul for the correct New Hampshire court | Complete the New Hampshire Judicial Branch Petition to Annul Record of Arrest, Conviction and Sentence for the specific court that entered the conviction, whether the Circuit Court District Division or the Superior Court. List each offense you want annulled and confirm you are using the current form with the clerk. | - | Before filing |
| File the petition and pay or request a waiver of the fee | File the Petition to Annul in the New Hampshire court that heard the case and pay the court filing fee of about $125, or move for a fee waiver if you cannot afford it. The court will order the Department of Corrections and other agencies to investigate and report before deciding whether to grant annulment. | - | When the waiting period has passed |
| Confirm the State Police update your state and FBI records | If the court grants the annulment, pay the New Hampshire State Police administrative fee of about $100 and confirm the annulled entry is removed from the state and FBI criminal history databases. Keep a certified copy of the order. An attorney can help if a prosecutor objects or an agency continues to report the record. | - | After the court grants annulment |
Frequently Asked Questions
After you file a Petition to Annul in New Hampshire, the court orders the Department of Corrections and other agencies to investigate and report, which commonly takes several months. The prosecutor may respond, and a hearing may be held. Plan for a few months from filing to a decision, and longer if the record is complex.
Sometimes. A New Hampshire annulment under RSA 651:5 lets you answer most inquiries as if the record does not exist, but it is not a total erasure. Law enforcement, the courts, and certain licensing or employment contexts may still access the underlying record, and a later offense can cause an annulled conviction to be considered again.
Generally yes. Once a New Hampshire court annuls your record under RSA 651:5, you may usually respond to questions from employers and others as though the arrest, conviction, and sentence never occurred. Exceptions exist for certain government, law enforcement, and licensing applications, so confirm whether a specific application requires disclosure of annulled records.
A New Hampshire DWI conviction is a violation or misdemeanor, so it can be annulled under RSA 651:5 once the applicable waiting period passes after you complete the sentence, typically one to three years. Because the driving record and license consequences are handled separately by the DMV, an annulment may not erase every collateral effect of a DWI.
A New Hampshire annulment can help by clearing the state conviction that triggered a firearms disability, but it does not automatically resolve every restriction. Federal firearms law applies its own rules, and offenses such as domestic violence carry separate federal consequences. An attorney can help you evaluate whether annulment restores your right to possess a firearm.
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