Expunging - Annulling NH misdemeanor records
Expunging Misdemeanor Records in New Hampshire (Annulment Process)
In New Hampshire, the process for "expunging" a criminal record is officially called annulment under RSA 651:5, which seals the record from public view, meaning it's treated as if the arrest or conviction never occurred for most purposes (e.g., employment, housing, or licensing applications).
However, the record isn't fully destroyed—it's still accessible to law enforcement, courts (for future sentencing), and certain government agencies (e.g., during security clearances). Annulled records must be marked as such in state and FBI databases, but they won't appear in standard background checks.
Annulment is available for most misdemeanors, but not for violent crimes (e.g., assault), sexual offenses, obstruction of justice (e.g., witness tampering, falsifying evidence), or certain traffic-related DUIs. Minor traffic misdemeanors like leaving the scene of a property damage accident (RSA 264:25) or providing false information to police (RSA 641:4, if not involving evidence tampering) are generally eligible, as they don't fall under exclusions.
As of November 2025, there are no major legislative changes to the core annulment process from prior years, though forms and fees were updated in mid-2025 (e.g., NHJB-2135-F form revision in June). Post-2019 convictions for violations or Class B misdemeanors often qualify for automatic annulment by the court if eligible.Eligibility for Misdemeanor Annulment To qualify, you must meet these criteria:
- Completed all sentence terms (fines, probation, jail, etc.) with no pending cases.
- No new convictions during the waiting period.
- The offense isn't excluded (see above).
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Offense Level
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Waiting Period (from sentence completion)
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Notes
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Violation (e.g., minor traffic infraction)
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1 year
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Automatic for post-1/1/2019 cases.
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Class B Misdemeanor (e.g., simple false report to police)
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2 years
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Automatic for post-1/1/2019 convictions in many cases.
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Class A Misdemeanor (e.g., leaving the scene with property damage)
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3 years
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Common for most non-violent misdemeanors; court discretion applies.
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For non-convictions (e.g., dismissed charges, acquittals, or arrests not leading to conviction), you can petition immediately after case closure—no waiting period. This includes arrests for loitering/prowling if unjustified. Step-by-Step Process to Annul a Misdemeanor Record
- Obtain Your Criminal Record: Request a full, confidential copy from the NH State Police Criminal Records Unit using the Criminal History Record Information Release Authorization Form. Select "Annulment/Expungement" as the purpose. Fee: ~$15–$25. This ensures you identify all records to annul.
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File a Petition to Annul: Submit Form NHJB-2150-D (or equivalent for your court) to the Circuit Court (District Division) where the conviction occurred. Include:
- Details of the offense, sentence, and rehabilitation evidence (e.g., job history, community service).
- Signed/notarized Criminal Records Release.
- Reasons for annulment (e.g., employment barriers).
- Court filing: $100.
- Parole/Probation report (if applicable): $100.
- State Police administrative (for database update): $100.
- Total: ~$300 (waivers available for low-income applicants)
- Notification and Hearing: The court notifies the prosecutor, who has 60 days to object. If no objection or after review, a hearing may be scheduled (not always required for automatic cases). The judge considers factors like public safety and your rehabilitation.
- Court Decision: If granted (high success rate for eligible minor misdemeanors), the court orders annulment. The state police update state/FBI records within 30–60 days.
- Post-Annulment: You can legally deny the incident ever happened in most contexts. However, it's still disclosable for law enforcement jobs, future NH court cases, or under Right-to-Know requests in rare cases.
- Filing to Decision: 3–6 months (faster for automatic annulments).
- Full Record Update: Up to 90 days after approval.
- No limit on annulled records per person, but each requires a separate petition.
- Immigration Impact: For green card holders, an annulled misdemeanor won't appear on USCIS background checks and typically doesn't affect naturalization (N-400) moral character assessments, as it's treated as non-existent.
- Job/Background Checks: Annulment removes it from private employer checks, but federal jobs (e.g., SF-86 forms) may require disclosure if you know about it. For the husband's potential false report charge, annulment after 2 years would minimize career risks in sensitive fields.
- Traffic-Specific: If resolved as a violation (not misdemeanor), it's easier and faster to annul. Offer to pay damages early to potentially avoid charges altogether.