New Hampshire Criminal Court Records

New Hampshire criminal court records refer to the official case documents generated during criminal proceedings in New Hampshire courts. New Hampshire criminal court records typically include various details, such as motions, filings, orders, judgments, and complaints, among others. Criminal records serve numerous purposes in New Hampshire, including to ensure due process and transparency. By maintaining complete and accessible records, the New Hampshire judiciary system can safeguard the rights of defendants, provide accountability for judicial decisions, and allow the public to monitor the fair and just administration of justice.

The New Hampshire Judicial Branch (specifically the NH Circuit and Superior Courts) is the official custodian of criminal court records, and state law and court rules govern access to these records.

Are Criminal Court Records Public in New Hampshire?

Yes. New Hampshire criminal court records are classified as public records by Part I, Article 8 of the New Hampshire Constitution (the New Hampshire Right-to-Know Law (RSA 91-A) does not affect the Judicial Branch). Instead, court rules, like the Rules on Public Access to Supreme Court Records (Rule 12), facilitate access.

The public is legally entitled to inspect and obtain copies of criminal documents filed with the courts. However, certain records are excluded from the public's access to protect sensitive information, defendants' rights, and for other legitimate reasons. These include

• Juvenile records
• Sealed records
• Annulled or expunged records
• Details of sexual assault and violent crime victims
• Medical and psychiatric information

What Criminal Court Records Contain in New Hampshire

New Hampshire criminal court records contain the following pieces of information:

• Party Information: Information about the defendant, prosecutor, and other case parties, including names and addresses
• Case Details: Case number, type, status, filing date, and hearing dates
• Case Documents: Plea agreements, motions, witness subpoenas, affidavits, charging instruments, summonses, documentary exhibits, testimonies of expert witnesses
• Court Rulings: Verdicts, orders, and judgments.

New Hampshire Criminal Court Records Search

In New Hampshire, criminal court records are maintained by the New Hampshire Circuit, Superior, and Supreme courts and are generally open to the public. Interested individuals can view and obtain copies of these records in person, online, or by mail, depending on the presiding court.

In-Person Access:

Individuals interested in Hampshire criminal court records can visit the presiding courthouse (the court where a case was filed or heard). Requesters will need to provide details about the case, such as the full name of an involved party, the case number, and an approximate filing or hearing date. Court clerks may require a government-issued identification card to obtain confidential/restricted information, and fees may apply for searches, copies, or certification.

Online Access:

Researchers can also access criminal court records through the Case Access Portal provided by the New Hampshire Judicial Branch. The portal serves as the central statewide database for criminal court records in New Hampshire. Through this portal, interested parties can access documents from Circuit, Superior, and Supreme courts using a case number, party name, or filing date. It is worth noting that the system only provides records deemed public by law; expunged, sealed, or restricted cases are unavailable.

Mail-in Requests:

Individuals who are unable to visit a courthouse in person can request case records by mail. Mail-in applications for court records must include

• Case-specific data (party name, case number, etc.)
• The requester's contact details
• A photocopy of the requester's government-issued ID (if seeking restricted records or otherwise required)
• Payment by check or money order to cover search and copy fees
• A self-addressed stamped envelope for the return of documents

Requests can also be made by obtaining and completing the Record Search Request Form, following the instructions on the Record Search Page. Completed forms are to be forwarded to the specified address, along with the required identification and fees (unless exempt).

New Hampshire Judicial Branch Administrative Offices

Free Access to Criminal Court Records in New Hampshire

Some New Hampshire criminal court records can be accessed through the New Hampshire Judicial Branch's Case Access Portal, which offers online dockets, including case status, hearing dates, and a list of filings, for free. Additionally, most courthouses offer public computer terminals, where visitors can search for and view available records at no charge.

It is, however, worth noting that although free access does exist, it is limited; for instance, archived or older cases may not be available digitally, and therefore, formal requests or a retrieval fee may be required. Additionally, supporting exhibits, certified copies, or large-volume printouts generally involve service charges.

Under New Hampshire court rules, fee waivers may be provided for those who cannot afford court fees; however, petitioners usually need to submit a financial affidavit attesting to their indigency.

Sealing and Expungement of Criminal Court Records in New Hampshire

In New Hampshire, the law distinguishes between sealing and expunging (annulling) criminal records.

• Sealing is typically ordered by a judge when an individual demonstrates that privacy interests outweigh the presumption of open access.
• Annulment, on the other hand, refers to the process of modifying or removing criminal record entries, as per RSA 651:5.

How to Seal Criminal Court Records in New Hampshire

In New Hampshire, criminal records are not automatically sealed; instead, individuals are required to file a motion to restrict public access to their records. A petitioner begins the sealing process by first filing a motion at the courthouse where the case was heard. The court then notifies the prosecutor and, in some cases, also advises the victim. A hearing may be scheduled to weigh the competing interests of confidentiality and transparency. If good cause is found, the judge will issue a written order sealing the record.

Interested parties are advised that filing and certification fees apply, even though fee waivers are often available to indigent applicants.

How to Expunge a Criminal Record in New Hampshire

The New Hampshire expungement (annulment) process is governed by Revised Statutes Annotated 651:5, and eligible individuals can petition to expunge certain arrests and criminal convictions. According to New Hampshire law, the following persons are eligible for record expungement:

• Individuals who were arrested but were acquitted.
• Convicted individuals who have completed all terms of their sentence, including probation and parole.

An eligible petitioner should file the appropriate petition or form in the sentencing court. There are different forms based on the peculiarities of the case:

• Offenses (arrests, charges, or convictions) resolved before January 1, 2019: Form NHJB-2317-DSE.
• Non-convictions resolved on or after January 1, 2019: Form NHJB-3056-DSE.
• Convictions resolved on or after the 1st of January, 2019: Form NHJB-3057-DSE.
• Records of Arrest or Conviction for Personal Possession of Marijuana: Form NHJB-3124-DS.
• Juvenile records: Form NHJB-2981-D.

The court will notify the prosecutor, as well as, in some instances, the victim, of the case. A hearing may be held to determine whether granting the expungement serves the interests of justice and public welfare. If the judge finds that the statutory requirements are met, a written order of annulment will be issued, effectively clearing the non-conviction or conviction from the public record.

The following fees apply (juvenile annulments are free):

• Filing Fee: A fee of $125 is required for each court location involved.
• Department of Corrections (DOC) Investigation Fee: An additional $100 is due to the DOC if they are asked to investigate the petitioner's criminal record.
• Department of Safety (DOS) Record Correction Fee: An additional $100 is due to the DOS to research and correct the criminal history if the annulment petition is granted. This fee is waived if the original charge was dismissed, not prosecuted, or resulted in a "not guilty" verdict.

However, indigent applicants can ask for a waiver through an affidavit of financial hardship.

Criminal Records in New Hampshire vs Court Records

Criminal records in New Hampshire are official histories maintained and updated by the New Hampshire Department of Safety. They provide a statewide summary of an individual's arrests, charges, and convictions.

Court records, on the other hand, are official documents created during the prosecution of a case. These include filings, motions, judgments, and sentencing orders.

Criminal records document an individual's overall dealings with the criminal justice system, whereas court records focus on the details of individual cases. Both are typically open to the public, but there are restrictions on sealed, annulled, or otherwise confidential records.

Requesting a New Hampshire Criminal History Record

New Hampshire criminal history records are maintained by the Department of Safety, Division of State Police, Criminal Records Unit. Criminal history records contain the official account of an individual's statewide criminal background, including arrests and convictions.

RSA 106-B:14 restricts public access to an individual's New Hampshire criminal history, excluding adult convictions. Access by third parties is restricted to specific authorized entities, such as law enforcement, licensing agencies, and employers conducting background checks. In most cases, written consent from the subject of the record is required before the Criminal Records Unit will release information.

How to Request a New Hampshire State Background Check

State background checks are processed by the New Hampshire DOS, Division of State Police, Criminal Records Unit. Interested individuals can request a copy of their complete history by completing the Criminal History Record Information Authorization Release Form (DSSP 256) and sending it to

New Hampshire State Police

The form can also be delivered in person at the agency's public counter.

Applicants must submit the completed DSSP 256 form with a government-issued identification and the associated fee ($25). (In certain circumstances, qualifying persons may be eligible for fee waivers.) Depending on the purpose of the request, applicants may also need to submit fingerprints for accurate verification, as name-based checks are prone to mistakes or false matches. Fingerprints can be submitted using conventional inked fingerprint cards or electronically at authorized LiveScan stations.

On the other hand, members of the general public can request an NH Criminal Conviction Check online, in person at the public counter at 33 Hazen Drive, Concord, Room 106A, or by mail.

Active vs Archived Criminal Cases in New Hampshire

In New Hampshire, active cases are ongoing proceedings that appear in court calendars and online portals, such as the state's Case Access System, and can be accessed through the clerk's offices. Except otherwise limited by legislation, these records are typically available to the public.

On the other hand, archived cases are older files that have been moved to an archival or storage facility after being closed. A written request to the court clerk is typically necessary to access these records, and a longer processing time may be required. Further, search fees may be required to retrieve archived cases.