A felony has a big impact on a person’s life and if you live in New Hampshire, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what New Hampshire offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in New Hampshire it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in New Hampshire is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in New Hampshire, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in New Hampshire.
Felony Expungement in New Hampshire
Yes, it is possible to expunge your felony but it’s called annulment
Sealing a Record in New Hampshire
Yes, it is possible to seal your record in New Hampshire but it depends on the felony.
Getting a Pardon in New Hampshire
Yes, it’s possible to get a pardon of your record in New Hampshire but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in New Hampshire?
If you expunge your criminal record in New Hampshire, it will be as though the crime had never been committed, you were never arrested, and no sentencing took place. You can confidently list that you have never been arrested when applying for a job or house or even a mortgage. However, if you commit another crime, those records will magically appear.
If you are not given an opportunity to explain your circumstances in the event of an arrest for loitering or prowling, you can have your records expunged with little difficulty (RSA 644:6). You can also get your DNA record expunged if the case is dismissed provided the DNA records are not needed for other criminal activity and arrest.
There are waiting periods for expungement (annulment):
- Class A or B misdemeanors, can be annulled after three years.
- Class B felony (except for incest or endangering a child) can be annulled after five years.
- Class A felony after 10 years.
- Felony indecent lewdness or exposure can be cleared after 10 years.
CANNOT EXPUNGE IF…
• You have been arrested and convicted of a violent crime.
• If you are convicted of any crime of obstruction of justice.
• Any offense that causes a petitioner to be sentenced to an extended term of imprisonment.
How to Expunge a Felony in New Hampshire
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Locate your criminal records. Use the form found on this website.
• The department of corrections will report to the court criminal records plus other information to use in making a decision. Just wait for the decision.
• Pay $25 to $100 for the investigation of all records and other information.
• Convicted of more than one offence. File “Petition to Annul Record” (RSA 651:5) with the court where you were convicted, arrested, or tried.
Can You Seal Your Criminal Record in New Hampshire?
Expungement and sealing of records is virtually the same thing under New Hampshire law, and the process is called annulment.
Read through RSA 651.5 and Rule 31 of the NH Rules of Criminal Procedures for more information about the process. You must file a separate petition for each criminal record you would like annulled.
CANNOT SEAL IF…
<ol><li>You have been arrested and convicted of a violent crime.</li><li>If you are convicted of any crime of obstruction of justice.</li><li>Any offense that causes a petitioner to be sentenced to an extended term of imprisonment.</li></ol>
How to Seal Your Criminal Record in New Hampshire
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• Obtain your criminal history records by applying in person with identification, walk-in service at 33 Hazen Drive, Concord, Room 106A or mail in an application notarized by a Notary Public. The fee is $25.
• Petition the court where you were convicted. If no conviction exists, got to the court where the case was resolved.
• File “Petition to Annul Record” (RSA 651:5) with the court where you were convicted, arrested, or tried.
Can You Apply for a Pardon in New Hampshire?
The New Hampshire Constitution gives the Governor the power to pardon criminal records. The Executive Council advises the Governor on all matters in regard to pardons. You will find in New Hampshire the Governor will not grant a pardon unless most of the members of the Executive Council vote to grant the pardon.
Like other states, it is difficult to get a pardon in New Hampshire. You must have a great deal of proof that you are now a law-abiding citizen, prove that you were innocent, or show that your trial was mishandled.
CANNOT PARDON IF…
• You have committed treason.
• You have not yet been convicted; only being tried for a crime.
• Have committed other crimes.
• If you have applied for a pardon in the past two years.
How to Apply for a Pardon in New Hampshire
There are no application fees to apply for a pardon and basically no waiting period. To obtain an application form you need to write to: Office of the Governor, State House, 107 North Main Street, Concord, NH 03301. Fax: 603-271-7640. Call: 603-271-2121. Most inmates seek clemency or a pardon in New Hampshire. To learn more about pardons and what you will need, contact the Attorney General’s office at New Hampshire Department of Justice, 33 Capitol Street, Concord, NH 03301 Telephone: 603-271-3658
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Do a criminal records check and get a report from your institution’s superintendent.
• Provide letters of recommendation from those who know you best (not family).
• List in a heartfelt letter why you deserve a pardon. List the good things you have done since sentencing, the hurt you have felt, and what you will do in the future to stay crime-free.
So, there you have it. Three separate ways to get rid of your record in New Hampshire. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational and may be outdated. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
