How to Clear Criminal Records Caused by Identity Theft in New Hampshire

Discovering that someone else used your name during a traffic stop or arrest can be a nightmare. Criminal identity theft can ruin your employment prospects, destroy your credit, and even lead to false bench warrants. In New Hampshire, taking immediate, structured action is required to fix corrupted background checks and clear your good name.

Step-by-Step Process in New Hampshire

Whether you live in Manchester, Nashua, or Concord, clearing a falsely attributed criminal record generally follows a specific legal procedure under New Hampshire law. Because criminal identity fraud is a serious violation under N.H. Rev. Stat. Ann. § 638:26, the state provides mechanisms for victims to separate their identity from the perpetrator.

Step 1: Submit Fingerprint Comparisons

The first critical step involves proving that the victim is not the person who was arrested. Victims typically arrange for a fingerprint comparison by submitting their fingerprints directly to the New Hampshire State Police, Criminal Records Unit, Concord. State Police compare these prints against the booking prints of the arrestee. If the prints do not match, the State Police can issue an official verification letter confirming that the victim is not the offender.

Step 2: Clear False Bench Warrants

If the impostor missed a scheduled court appearance, an active bench warrant may be issued under the victim's name. Defense attorneys advise taking prompt action to address outstanding warrants rather than ignoring them. Counsel generally files an emergency motion to quash the warrant in the issuing court, such as the Hillsborough County Superior Court Southern District, Nashua or the Merrimack County Superior Court, Concord, utilizing the fingerprint comparison to prove misidentification.

Step 3: Obtain a Judicial Finding of Factual Innocence

To achieve lasting legal protection, individuals seek a formal court declaration of factual innocence. This procedure involves filing a motion detailing how the identity theft occurred and documenting that another person committed the crime. A certified court order establishing factual innocence provides critical documentation when addressing background check disputes and law enforcement inquiries.

Step 4: Petition for Annulment of the Record

Once factual innocence is recognized or charges are dismissed, petitioners request that the falsely attributed court and arrest records be sealed. Under N.H. Rev. Stat. Ann. § 651:5, individuals file Form NHJB-2317-DSe, New Hampshire, Judicial Branch, Petition to Annul Record in the court where the charges were initiated. Under N.H. Rev. Stat. Ann. § 651:5, II-a(a)(2) and court fee schedules, petitions seeking to annul records of arrest only or dismissed charges are exempt from the standard filing fee ($0).

Step 5: Notify Background Check Agencies

After the court grants an annulment, certified copies of the order should be provided to commercial reporting agencies to ensure private databases are updated. Disseminating the order to major background screening providers prevents false arrest records from surfacing during prospective employment or housing reviews. As highlighted in State v. Bulcroft, 166 N.H. 612 (NH Supreme Court 2014), statutory annulment serves to restore a person to the status they occupied prior to the erroneous criminal proceedings.

How Much Does it Cost in New Hampshire?

Resolving criminal identity theft involves administrative and professional expenses, though state law exempts victims from court fees when clearing non-conviction records:

How Long Does the Process Take?

In New Hampshire, clearing a false criminal record is not an overnight process. Obtaining the fingerprint comparison from the State Police generally takes 2 to 4 weeks. Filing a motion to quash a warrant can take a few weeks to get a hearing date. The formal annulment process can take anywhere from 3 to 6 months to finalize, as the Department of Corrections and the prosecutor's office must review the petition before the judge signs off.

Frequently Asked Questions (FAQ)