New Hampshire Annulment: How to Clear Your Record
New Hampshire calls it "annulment" instead of expungement — and the process has some quirks worth knowing before you file. This is the full guide.
If you have been searching for "New Hampshire expungement," you are in the right place — even though that word does not appear in the law. New Hampshire calls the process annulment. Same idea, different name. A successful annulment means your conviction is treated as if it never happened. You can legally say no when an employer asks whether you have ever been convicted of a crime.
The good news: New Hampshire is one of the more generous states in New England when it comes to clearing records. Almost any offense — including felonies and DWI — can eventually be annulled. The main questions are whether your offense type qualifies and whether enough time has passed since you finished your sentence.
The one thing that makes NH different from many states is the hearing. Most places let judges approve annulments without ever seeing the petitioner in person. New Hampshire almost always schedules a court date. This guide walks you through what that looks like and how to make the most of it.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Annulment vs. expungement — same thing, different name
In most states, clearing a criminal record is called "expungement." New Hampshire decided to use the word "annulment" instead. Do not let that confuse you. The legal effect is the same: once an annulment is granted, the record is sealed from public view and the law says it is treated as if it never occurred.
NH law (RSA 651:5) uses the phrase "treated as if it never occurred." That is actually stronger language than some other states use. It is not a pardon — a pardon forgives the offense but leaves the record visible. An annulment removes the record from public access entirely.
So whenever you see "expungement" on this site or anywhere else, just know that for New Hampshire, the correct word is annulment. The process is the same thing.
Who can get their record annulled in New Hampshire?
New Hampshire allows annulment of a wide range of offenses. The list of things that cannot be annulled is actually shorter than the list of things that can. Most people with a criminal record in NH will have at least some charges that are eligible — the question is usually about timing.
May qualify
- Violations (non-criminal infractions)
- Class B misdemeanors
- Class A misdemeanors
- Class B felonies
- Class A felonies (10-year wait)
- DWI / DUI first offense (treated like a violation)
- Arrests with no conviction — dismissals, acquittals, no-bills
- Juvenile adjudications (separate process, often faster)
- Drug possession offenses (most)
- Disorderly conduct, petty theft, simple assault (misdemeanor)
Generally does not qualify
- Murder (first or second degree)
- Sexual assault convictions
- Sexual offenses that require sex offender registration
- Sexual offenses where the victim was under 18 and the crime was a Class A felony
- Repeat DWI — a second DWI within 10 years of a prior DWI conviction (RSA 265-A:3)
- Motor vehicle offenses that resulted in death
This is a general overview. The actual eligibility rules depend on the specific offense statute. If your situation is complicated — multiple convictions, prior annulments, or offenses near the eligibility line — a lawyer can give you a more precise answer.
Waiting periods: how long do you have to wait?
The waiting period is the amount of time that must pass after you finish your sentence before you can file for annulment. Every offense category has its own clock.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Violation (non-criminal infraction)
Clock starts: End of all supervision, fines paid in full
Same wait as a first DWI — one of the shortest in New England.
Class B misdemeanor
Clock starts: End of all supervision, fines paid in full
Class A misdemeanor
Clock starts: End of all supervision, fines paid in full
Most minor drug convictions, simple assault, and petty theft fall here.
Class B felony
Clock starts: End of all supervision, fines paid in full
Burglary (non-violent), lower-level drug trafficking, and similar offenses.
Class A felony
Clock starts: End of all supervision, fines paid in full
A 10-year wait is long, but the option exists — most states do not allow felony clearing at all.
DWI / DUI (first offense)
Clock starts: End of all supervision, fines and fees paid in full
Treated like a violation for annulment purposes. Subsequent DWIs within 10 years are not eligible.
Arrest with no conviction (dismissal, acquittal)
Clock starts: Date of case dismissal or acquittal
No waiting period, lower fees, and records clear in 1–2 days. File as soon as your case closes.
Annulment petitions are filed in the court where your original case was heard — usually a Circuit Court or Superior Court, not the State House.
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The waiting period clock: when does it start?
This is one of the most common mistakes people make. The waiting period clock does not start on the day you were convicted or sentenced. It starts on the day your sentence is fully complete.
"Fully complete" means all of these things are done:
- Your probation or parole period has ended
- Any suspended sentence has expired without being activated
- All fines, court fees, and restitution have been paid in full
- Any required classes, programs, or community service are finished
Let's say you were convicted in 2020 and placed on 2 years of probation. Probation ended in 2022, but you still had $400 in fines. You paid the last $400 in January 2024. If your offense was a Class A misdemeanor (3-year wait), you can file in January 2027 — not in 2022 when probation ended.
If you have a prior annulment, the court can also consider your overall history when deciding whether to grant a second one. Multiple annulments are not automatic — the judge uses more scrutiny.
How to file for annulment in New Hampshire
The process has more steps than some states because of the hearing requirement and the multi-agency fee structure. But it is manageable — and the court self-help center at courts.nh.gov has forms and instructions available for free.
The New Hampshire Annulment Process
- 1
Get a copy of your criminal record
1–2 weeks$25–$50Request your criminal history from the NH State Police Criminal Records Unit. This shows you exactly what is on your record, so you know what you are asking to annul. The record also confirms the case numbers, offense types, and sentence completion dates you will need for the petition form.
You can request online at nh.gov/safety/divisions/nhsp/jib/crimrecords. Bring a copy to your hearing — judges appreciate seeing that you know your own record.
- 2
Identify the court where your case was heard
You must file your petition in the same court that handled your original case — not just any NH court. This is usually the Superior Court (for felonies) or the Circuit Court — District Division (for misdemeanors and violations). Your case number on the criminal record printout will show you which court.
If you moved since your conviction, you still file in the original court. NH does not let you transfer to a more convenient location.
- 3
Get the annulment petition form
Pick up the "Petition for Annulment" form from the court clerk's office, or download it from the NH Judicial Branch website at courts.nh.gov. For conviction annulments, there are additional forms for the Department of Corrections and the NH State Police — the clerk can walk you through which forms apply to your case.
The court clerk cannot give you legal advice, but they can tell you which forms you need. Ask politely.
- 4
Prepare your supporting documents
Gather everything that shows your sentence is complete and that you have been doing well since your conviction. Proof that you finished probation, paid all fines, completed any required programs — and evidence of your life since then. Employment records, community involvement, or letters of support all help.
The judge has discretion to deny even technically-eligible petitions. Coming prepared with documentation of your life since conviction makes a real difference.
- 5
File the petition and pay the fees
$325 conviction / $125 arrest-onlySubmit your completed petition at the clerk's office. For a conviction annulment, the total fee is $325: a $125 court filing fee, a $100 fee to the Department of Corrections, and a $100 fee to the NH State Police. For arrest-only records (no conviction), you only pay the $125 court fee — the State Police fee does not apply.
Ask about a fee waiver at the same time you file. You do not have to decide upfront — the clerk can give you the waiver application and you can submit it together with your petition.
- 6
Wait for your hearing date
2–4 monthsUnlike some states where judges grant annulments on paper without a hearing, New Hampshire almost always schedules a court hearing. The court will notify you by mail with your hearing date. Most hearings are scheduled 2 to 4 months after filing.
Put the hearing date in your calendar immediately. Missing it will likely result in your petition being denied and you will have to refile.
- 7
Attend the hearing
Show up on time, dress neatly, and bring your documents. The hearing is usually brief — 5 to 15 minutes. The judge will review your petition, may ask you a few questions, and will consider whether granting the annulment serves the public welfare. Most petitions that meet the technical requirements are approved.
Prepare a short statement (2 to 3 sentences) explaining why you are petitioning and what you have been doing since your conviction. You will likely have a chance to speak.
- 8
Court notifies the relevant agencies
45–60 days after hearingIf the judge grants your petition, the court sends annulment orders to the NH State Police and to any relevant agencies that hold your record. Those agencies then have 45 to 60 days to update their records. After that window, your record should no longer appear on NH state background checks.
After 60 days, do a test background check on yourself to confirm the record no longer appears. If it still shows up at a private background check company, you can send them a copy of the annulment order directly.
What to expect at the hearing
The NH annulment hearing is not like a trial. There is no prosecutor arguing against you (unless the prosecutor's office chose to object to your petition, which is rare). It is typically just you, the judge, and sometimes a court clerk.
The judge will review your petition and may ask questions like:
- Have you had any new criminal charges since the conviction you are seeking to annul?
- Is your sentence fully complete — fines paid, probation done?
- What have you been doing since your conviction?
- Why are you seeking the annulment now?
The standard the judge is applying is whether the annulment "serves the public welfare." In practice, judges rarely deny technically-eligible petitions — but they can. People with clean records since their conviction and good reasons for wanting to move forward are almost always approved.
You do not need a lawyer at the hearing. Many people represent themselves. That said, if your situation is more complicated — multiple convictions, a prior denial, or an offense near the eligibility line — having an attorney is worth considering.
- A printed copy of your NH criminal record (from State Police)
- Proof that your sentence is complete — probation completion letter, receipts for fines paid
- Documentation of your life since conviction — employment records, pay stubs, reference letters, certificates from completed programs
- A short prepared statement (2–3 sentences) explaining why you are seeking annulment and what you have been doing since
- Photo ID
- A copy of your filed petition and any supporting documents you submitted to the court
- If you have had prior annulments, bring documentation of those too — the judge will likely ask
You do not need to bring a lawyer. But if the prosecutor's office filed an objection to your petition, consider getting one.
Fees — and the fee waiver you should know about
New Hampshire's annulment fees are broken into three separate payments. This surprises people who expect to pay one fee at the courthouse.
For a conviction annulment, the total is $325:
- $125 — Court filing fee (paid at the clerk's office when you file)
- $100 — Department of Corrections fee
- $100 — NH State Police fee
For an arrest-only record (dismissed or acquitted — no conviction), the fees are lower. You pay the $125 court filing fee but not the $100 State Police fee. Non-conviction records also process much faster — 1 to 2 days instead of months.
Fee waivers are available. If you cannot afford the fees, ask the court clerk for a fee waiver application when you go in to file. You will need to provide information about your income and expenses. If approved, the court fee is waived — though you may still need to pay the DOC and State Police portions. Ask the clerk what the waiver covers.
Do not let the fees stop you from filing. Ask about the waiver before you assume you cannot afford it. NH Legal Aid can also help if you are in a low-income situation — their number is (603) 224-3333.
What annulment means — and what it does not mean
An NH annulment has real, meaningful legal effect. But it is not magic — there are limits you need to know about.
What annulment does:
- Seals your record from public view on New Hampshire state background checks
- Allows you to legally answer "no" when employers ask about prior convictions — in most circumstances
- Requires private background check companies to remove the record within 45 days after they receive notice of the annulment
- Gives you the legal right to say the arrest or conviction never occurred in most civil situations
What annulment does not do:
- Federal records are not affected. If you have a federal conviction, or if your state conviction appears in federal databases (like NCIC), an NH annulment does not remove it. Federal background checks may still show the record.
- Law enforcement can still see it. Police and prosecutors retain access to annulled records for law enforcement purposes.
- Some professional licenses still require disclosure. Healthcare licensing, law enforcement employment, and certain other licensed professions may require you to disclose annulled convictions. Check the specific licensing board's rules.
- Firearms rights are not automatically restored. If your conviction affected your right to possess firearms, you may need a separate process to restore those rights even after annulment.
- Private companies take time. After the annulment, background check companies have 45 days to update their records. If you are in a job search, give it that window. If a company is still showing the record after 60 days, send them a copy of the annulment order directly.
- New Hampshire allows annulment of a first DWI / DUI offense. Most states do not.
- The waiting period for a first DWI is 1 year from sentence completion — the same as a violation.
- All fines, fees, and license reinstatement costs must be paid before the clock starts.
- You can only annul one DWI. A second DWI conviction within 10 years of a prior DWI is not eligible for annulment (RSA 265-A:3).
- If your DWI resulted in death or serious bodily injury to another person, it may fall under different rules. Consult a lawyer.
- After annulment, the conviction should not appear on NH driving record checks used for insurance — but verify with NH DMV and your insurer.
DWI annulment is one of NH's genuinely generous features. If you completed your sentence and it has been at least a year, it is worth looking into.
- NH Legal Aid (NHLA) — (603) 224-3333 | nhla.org — free civil legal services for income-eligible residents
- 603 Legal Aid — 603legalaid.org — online legal information and self-help tools
- NH Judicial Branch Self-Help Center — courts.nh.gov/self-help — official forms, filing instructions, and plain-language guides
- NH Bar Association Lawyer Referral Service — nhbar.org — paid referrals for finding a private attorney who handles annulments
- NH State Police Criminal Records — nh.gov/safety/divisions/nhsp/jib/crimrecords — request your criminal history before filing
Legal aid organizations may be able to help you prepare and file your petition at no cost if you meet their income guidelines. Call NHLA first to see if you may be eligible.
You can do this
New Hampshire's annulment law is genuinely good. Almost any conviction — including felonies — can eventually be cleared. The waiting periods are real, and the hearing adds a step that other states skip, but neither of these things makes the process impossible.
The people who get approved are mostly regular people who finished their sentence, stayed out of trouble, and showed up to the hearing prepared. You do not need to be perfect. You just need to be ready to explain where you are now and where you are going.
If you are not sure whether your specific offense qualifies, or if the math on the waiting period is unclear, the NH Judicial Branch self-help center is a good first stop. For anything complicated, NH Legal Aid can walk through your situation for free if you meet their income guidelines.
A record is not a life sentence. In New Hampshire, the law is on your side.
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