New Hampshire Misdemeanors

In New Hampshire, a misdemeanor refers to any criminal act where the highest punishment is no more than one year in county jail. Misdemeanors in New Hampshire are categorized into Class A and Class B.

What Is a Misdemeanor in New Hampshire?

In New Hampshire, misdemeanors are less serious criminal offenses than felonies. These include any offense for which the maximum punishment is not more than one year in a county jail. Common examples of misdemeanors in New Hampshire are simple assault, disorderly conduct, lower-level theft, and DUI. The criminal procedure governing misdemeanors in the state is outlined in§625:9 of New Hampshire Revised Statutes.

Misdemeanor Classes and Penalties in New Hampshire

In New Hampshire, sentences for misdemeanors are governed byRSA 651:2 and offense-specific statutes:

• Class A misdemeanor. This is the most severe type of misdemeanor in the State of New Hampshire. A Class A misdemeanor can result in a maximum sentence of 12 months in county jail and a fine of up to $2,000. Courts may also impose probation, restitution, treatment, and other legal conditions.
• Class B misdemeanor. This type of offense does not result in a prison sentence. However, those found guilty may face a fine of up to $1,200.
• Unclassified “misdemeanor” in a statute. Offenses in this category are treated as Class B misdemeanors unless they involve violence. In such cases, the state will promptly issue a Class A notice.

Misdemeanor Court Process in New Hampshire

In New Hampshire, most misdemeanors are handled by Circuit Courts

From stop to sentencing (typical path).

1. Citation or arrest and complaint filing. Law enforcement either arrests a person or issues a summons or complaint
2. Arraignment in the District Division: During this hearing, the judge tells the defendant about the charges and their rights, and sets the conditions for release. If jail time is a possibility and the defendant cannot afford a lawyer, a public defender may be assigned.
3. Pre-trial: This includes discovery, motions, plea negotiations, and (if applicable) diversions.
4. Trial: In New Hampshire, bench trials are the only option for misdemeanor cases. A jury trial is only available through an appealfor Class A misdemeanors to the Superior Court.
5. Sentencing: If a conviction or plea is entered, the judge will impose a sentence within the legal limits for that class of crime.

Misdemeanor Records in Major New Hampshire Cities

New Hampshire has a statewide online Case Access Portal for many cases that are filed electronically. Users can sign up, search by name or case, and look at case summaries. However, the availability of records can vary depending on the court and the type of case being handled.

• Manchester (Hillsborough County North). In Manchester (Hillsborough County North), misdemeanors are filed in the Circuit Court – District Division. You can access records and calendars through the Case Access Portal and find court contacts on the Judicial Branch website.
• Nashua (Hillsborough County South). In Nashua County, you can search misdemeanor records using the statewide portal. Note that the Circuit Court District Division administers fines in criminal/traffic cases. Instructions on how to pay traffic tickets are available on theJudicial Branch pages.
• Concord (Merrimack County). You can view summaries of cases filed in the county through the same statewide portal.

How to Search for Misdemeanor Records in New Hampshire

You can find misdemeanor records in New Hampshire by following these steps:

1. Use the Case Access Portal. Set up an account and search for Circuit Court – District Division or Superior Court cases using either the name or case number. The coverage is growing as e-Courts are introduced. For older cases or files that have not been digitized, please contact your local clerk.
2. Know court vs. criminal-history sources. Court dockets are not the same as a statewide criminal-history record. If you need official criminal history checks, contact the New Hampshire State Police Criminal Records Unit. For extensive record checks, the Judicial Branch’s Central Processing Center offers various options.
3. If it isn’t online. Contact the Circuit or Superior Court Clerk for certified copies, older documents, or notices about sealed cases.

How Long Does a Misdemeanor Stay on Your Record in New Hampshire?

New Hampshire uses the term “annulment” instead of “expungement.” Annulment removes the record from public view while allowing limited access by courts and law enforcement.

For cases that were dismissed or where the person is found not guilty, annulment can be requested at any time.For cases resolved on or after January 1, 2019, the arrest or court record must be automatically annulled 30 days after the dismissal or acquittal.

Also,you can annul a Class B misdemeanor conviction two years after finishing all the terms of your sentence, as long as you have not committed any new crimes during that time.

If it is a Class A misdemeanor, you need to wait three years after completing all terms, unless there are disqualifying factors.

Once an annulment order is issued, the individual is typically treated as if the arrest or conviction had never occurred for most civil matters. Court records are sealed, and the State Police will update criminal history records, thereby limiting public access. If your petition is denied, you have to wait three years before you can file again.