How Much Does It Cost to Annul a Criminal Record in New Hampshire?

Understanding Annulment Costs in New Hampshire

A criminal record can make it incredibly difficult to find housing, secure a good job, or get approved for a professional license. In New Hampshire, the legal process of clearing your record is called an annulment. While this process is highly beneficial, it is not free. Governed by N.H. Rev. Stat. Ann. § 651:5, the state requires applicants to pay several mandatory fees to different agencies. Understanding these costs upfront is crucial to successfully clearing your name. If you need help navigating this process, you can easily browse our directory to find a local New Hampshire annulment lawyer to assist you.

The Four Primary State Fees

When you file for an annulment, you are not just paying the court. Your paperwork must pass through multiple state departments, each of which charges its own administrative fee.

State Police Background Check Fees

While the court officially orders a criminal history investigation through the Department of Corrections once your petition is filed, many applicants choose to obtain their own criminal record summary beforehand. Requesting a criminal history report from the New Hampshire State Police, Concord costs approximately $25. This optional background check helps you confirm your exact arrest dates, charges, and case dispositions so your court paperwork is completely accurate before filing.

Exact Court Filing Fees

Once you have your background check, you will file your petition at the court where you were originally convicted. For example, you might file at the New Hampshire Circuit Court, 9th Circuit - District Division, Manchester or the Strafford County Superior Court, Dover. You will typically use Form NHJB-2317-DSe, New Hampshire, Circuit Court - District Division, Petition to Annul Record. The standard filing fee for a conviction annulment is $125 per petition. It is important to note that if you are trying to annul multiple convictions from different cases, you may have to file separate petitions and pay this fee multiple times.

Department of Corrections Report Fee

Under N.H. Rev. Stat. Ann. § 651:5, IX, the sentencing court must direct the probation or corrections department to conduct an investigation of your record before granting an annulment. The New Hampshire Department of Corrections, Concord charges a mandatory fee of $100 to prepare this report. This fee covers the cost of researching your state and federal history, and the court must receive this completed report before ruling on your petition.

Department of Safety Fees

If the judge reviews your case and grants the annulment, your financial obligations are still not over. To officially remove the record from the state's criminal databases, the court sends an order to the New Hampshire Department of Safety, Concord. Under state law, the Department of Safety charges a mandatory $100 fee to process the annulment and seal the record. If you fail to pay this final fee, the record may remain visible to employers conducting background checks.

Hidden Costs: Pulling Old Court Dockets

Many applicants forget the precise details of their convictions, especially if the case is a decade old. To fill out your annulment petition accurately, you need the exact charge, the date of conviction, and the case docket number. If you do not have your original paperwork, you will need to request a copy of your docket from the court clerk. Courts generally charge a small retrieval fee and a per-page copying fee. While this usually amounts to less than $20, it is an essential hidden cost.

Average Attorney Retainer Fees

While you are not legally required to have an attorney, hiring one drastically increases your chances of a smooth and successful annulment. A lawyer will track down your old dockets, ensure your waiting period has truly expired, and handle all agency communications. In New Hampshire, average attorney retainer fees for a standard, uncontested annulment generally range from $1,000 to $2,500. If the prosecutor objects to your annulment and the judge schedules a contested hearing, the legal fees can increase due to the extra court time required.

Fee Waivers (In Forma Pauperis) Exemptions

New Hampshire law ensures that justice is accessible to everyone. If you are low-income and simply cannot afford the $125 court filing fee, you can request a fee waiver. This is done by submitting Form NHJB-2886-DFPe, New Hampshire, Circuit Court, Motion to Waive Filing Fee. You will need to provide a detailed financial affidavit showing your income, expenses, and debts. If the judge approves your motion, the court filing fee is waived. Crucially, under N.H. Rev. Stat. Ann. § 651:5, IX, proving indigency also exempts you from paying the $100 Department of Corrections report fee and the $100 Department of Safety record-sealing fee, allowing eligible low-income individuals to clear their record without paying these state fees.

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