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An old arrest or conviction can follow you for years, showing up on background checks for jobs, apartments, and licenses long after you have moved on. New Hampshire law lets many people wipe that record clean through an annulment under RSA 651:5. Attorney Levasseur has practiced law in New Hampshire for 24 years and helps clients petition to annul arrests and convictions. His office is at 396 S Willow St in Manchester, and he serves clients across Hillsborough and Rockingham counties and throughout southern New Hampshire, including people who now live out of state but have an old New Hampshire record.
What an Annulment Does
Once a court annuls your record, you are treated in all respects as if you had never been arrested, convicted or sentenced (RSA 651:5, X(a)). The court issues you a certificate of annulment, the court file is sealed, and the State Police criminal records unit removes the record and notifies state and federal agencies (RSA 651:5, X(b)-(d)).
On most applications for a job, a license, or another civil right or privilege, you may only be asked whether you have been arrested for or convicted of a crime that has not been annulled (RSA 651:5, X(f)). For an annulled record, that means you can generally answer "no."
How Long Do You Have to Wait?
For a conviction, the waiting period starts after you have completed all the terms and conditions of your sentence (fines, probation, jail, classes, restitution) and you must have no new convictions during that time, other than minor motor vehicle violations (RSA 651:5, III). The waiting periods are:
- Violation: 1 year
- Class B misdemeanor: 2 years
- Class A misdemeanor: 3 years
- Class B felony: 5 years
- Class A felony: 10 years
- Misdemeanor domestic violence (RSA 631:2-b): 10 years
- Sexual assault (RSA 632-A:4) and felony indecent exposure or lewdness: 10 years
- Certain drug possession offenses under RSA 318-B:26, II: 2 years
If you have more than one conviction, you must wait until the waiting period for every offense on your record has passed (RSA 651:5, VI(b)). DWI convictions follow their own rules under RSA 265-A:21, so call to talk about your specific DWI record.
For violations and class B misdemeanors with a conviction date on or after January 1, 2019, where that was the most serious charge, the process is simpler: the court notifies the prosecutor, who has 20 days to object only on the grounds that the offense is not eligible or the sentence is not complete. If there is no valid objection, the court must annul the record.
Arrests, Not Guilty Findings, and Dismissed Cases
If you were found not guilty, or your case was dismissed or never prosecuted, you can clear that arrest too. For cases disposed of on or after January 1, 2019, the law says the arrest and court records shall be annulled once the case is over (RSA 651:5, II-a). For older cases, you can petition at any time (RSA 651:5, II). The $100 investigation and records fees are waived for not guilty, dismissed, and not prosecuted cases. Even if your case "should" have been annulled automatically, it is worth checking that the record was actually cleared.
What Cannot Be Annulled
Some records can never be annulled under RSA 651:5, V and XIII:
- Violent crimes, including murder, manslaughter, class A felony negligent homicide, first degree assault, aggravated felonious and felonious sexual assault, kidnapping, criminal restraint, class A felony arson, robbery, and certain child-related offenses
- Felony obstruction of justice crimes, such as witness tampering and falsifying evidence
- Any offense where you received an extended term of imprisonment under RSA 651:6
If one conviction on your record is barred, the rest of your record cannot be annulled either (RSA 651:5, VI(a)).
The Annulment Process
- Review your record. We confirm every charge, its class, its disposition date, and when your sentence was completed.
- File the petition with the court that handled your case, along with the court filing fee (or a fee waiver request if you qualify). No filing fee is charged for not guilty or dismissed cases covered by the automatic annulment law.
- Criminal record check. The court has the Department of Corrections report any state or federal arrests and convictions. There is a $100 fee for this unless waived (RSA 651:5, IX).
- Prosecutor review. The prosecutor gets a copy of the petition and may object.
- Decision or hearing. The judge grants the annulment if it will assist your rehabilitation and is consistent with the public welfare. The court may decide without a hearing unless you request one (RSA 651:5, I). A well-prepared petition and hearing presentation matter here.
- Clearing the record. After the order, the State Police charge up to $100 to remove the record and notify other agencies, unless waived (RSA 651:5, X(d)).
If a petition is denied, you generally must wait 3 years before filing again (RSA 651:5, IV), so it pays to get it right the first time.
Limits You Should Know About
- Police may still keep and share the record with other law enforcement for investigative purposes (RSA 651:5, XI(b)), and it may be shared with the police standards council for officer applicants.
- If you are convicted of a new crime later, the court can consider the annulled conviction at sentencing (RSA 651:5, X(a)).
- Some federal forms, immigration matters, and certain professional and security applications may still ask about annulled records. Talk to a lawyer before answering those.
- Annulment does not erase news stories or private websites that already reported the case (RSA 651:5, XVI-XVII).
Frequently Asked Questions
Can I really say "no" on a job application after an annulment?
For most private employment and license applications, yes. You may only be asked about convictions that have not been annulled (RSA 651:5, X(f)). There are exceptions, including some federal, immigration, and law enforcement applications.
My case was dismissed. Is my record already clear?
For cases disposed of on or after January 1, 2019, the law requires annulment, but it is wise to confirm. Older dismissed or not guilty cases need a petition, which you can file at any time.
Can a DWI be annulled?
Often, yes, but DWI annulments are governed by RSA 265-A:21, which has its own rules. Call to review your situation.
What if I have more than one conviction?
You must meet the waiting period for every offense on your record, and none of them can be a barred offense.
I moved out of New Hampshire. Can I still annul my NH record?
Yes. The petition is filed in the New Hampshire court that handled your case, and Attorney Levasseur can handle it for you.
Will I have to go to court?
Not always. The court may grant or deny the petition without a hearing unless you request one.
How much does a consultation cost?
The first consultation is free. Fees for handling your annulment are explained in a written fee agreement you will review before deciding anything.
Talk to a Manchester Annulment Lawyer Today
If an old arrest or conviction is holding you back, find out whether you are eligible to clear it. Call Attorney Joseph Kelly Levasseur at 603-622-7575 or visit our contact page. Office: 396 S Willow St, Manchester, NH.
Free consultation. You will talk to the lawyer, Not a Bot!™ Call 603-622-7575.
This page is attorney advertising and provides general information, not legal advice. Laws described are current New Hampshire law as of November 2026 and may change. Reading it or contacting the office does not create an attorney-client relationship. Every case is different, and past outcomes do not predict future results.