Understanding Criminal Record Annulments in New Hampshire: By Joseph Kelly Levasseur, Esq. | December 6, 2025
Annulling Misdemeanors and Arrest Records
If you've faced criminal charges in New Hampshire, you know how a record can linger, affecting job opportunities, housing, and even personal relationships. The good news? New Hampshire law under RSA 651:5 allows for annulments—essentially sealing your record so it's treated "as if it never occurred" for most purposes.
As a seasoned criminal defense attorney with over 20 years helping clients in Manchester and beyond, I have handled the brain crampling procedures to get my clients record expunged-annulled.
Let's break down annulments for Class A and B misdemeanors, as well as arrests without conviction or dismissed charges. First, what is an annulment? Unlike expungement in other states, NH annulment seals court and arrest records from public view. It's not a full erasure—law enforcement and certain agencies can still access it—but it removes the stigma for background checks in employment, licensing, or rentals.
Eligibility depends on the offense type, time elapsed, and rehabilitation shown. Ineligible crimes include violent felonies, sex offenses, or obstruction of justice. For Class B Misdemeanors (less serious offenses) like simple assault (without injury), disorderly conduct, or first-time marijuana possession. You're eligible to petition for annulment two years after completing your sentence, including probation or fines. No new arrests in that period? Even better.
The court weighs factors like your behavior since the conviction. I've seen clients with clean records get approvals quickly, opening doors to new careers. Class A Misdemeanors carry steeper hurdles: Think reckless conduct, theft over $1,000, or certain DWIs. The waiting period is three years post-sentence. Again, no subsequent offenses help your case. For example, a client of mine with a prior Class A for resisting arrest successfully annulled after demonstrating community involvement and steady employment. Petitions go to the court where convicted—district for misdemeanors—with a $100 fee plus $100 for a state police report. Prosecutors get 60 days to object, but approvals are common for eligible cases.
Now, for arrests without conviction or dismissed charges: This is where annulment shines brightest. If your case ended in a not guilty verdict, dismissal, or no prosecution (nolle prosequi), you can petition immediately—no waiting required under RSA 651:5(II). Even if arrested but never charged, file anytime. This covers scenarios like false accusations or insufficient evidence.
The process? Petition the court handling the case (e.g., the dismissing court) which will often be granted without a hearing if uncontested. Why bother? An arrest record alone will bring red flags to every time a background check is needed. It helps to get you into other countries like Canada too. Annulling arrests and convictions ensure a clean slate. Benefits extend far: Annulled records don't count toward habitual offender status and can't be used against you in future sentencings.
For my clients—many facing DWI reductions or dismissals—this means reclaiming normalcy. However, remember: Annulment isn't automatic; you must act. If you're navigating this, don't go alone. At Joseph Kelly Levasseur, P.A., we enjoy handling NH criminal defense cases and especially annulments because it gets your life back in order.
We offer very reasonable prices to handle your annulments and reduced prices when there is longer record that needs to be fixed. Many can be done at the same time.
Contact us at (603) 622-7575 or visit josephkellylevasseur.com for a consultation. Let's clear your path forward.