Clearing a Record
RSA 651:5 — annulment after 3 years for a class A misdemeanor, 5 for a class B felony, 10 for a class A felony
The sentencing court may annul a record of arrest, conviction and sentence, on a petition timely brought, where it finds that annulment will help the petitioner's rehabilitation and is consistent with the public welfare.
Who handles this in New Hampshire: New Hampshire Bar Association Lawyer Referral Service; and legal aid programs and the state offices, listed in the New Hampshire directory.
| The conviction | Waiting period |
|---|---|
| The convictionClass B misdemeanor, the highest offense, on or after January 1, 2019 | Waiting period2 years |
| The convictionClass A misdemeanor | Waiting period3 years |
| The convictionClass B felony | Waiting period5 years |
| The convictionClass A felony | Waiting period10 years |
| The convictionMisdemeanor domestic violence | Waiting period10 years |
Where an arrest on or after January 1, 2019 ended in not guilty on all charges, a dismissal, or no prosecution, the section provides for annulment once the time for an appeal has passed.
After a denial, a new petition may be brought no more often than every 3 years.
Old marijuana arrests. A person arrested or convicted for 3/4 of an ounce of marijuana or less, for an offense before September 16, 2017, may petition at any time to annul the arrest record, the court record, or both.
Sources for this section (2)
- RSA 651:5 — Annulment of Criminal Records
- RSA 651:5-b — Annulment of Arrests and Convictions for Marijuana Possession
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New Hampshire attorney.