New Hampshire Annulment Waiting Periods: When Are You Eligible to Clear Your Record?

Understanding the Annulment Clock

Clearing a criminal record in New Hampshire provides a fresh start, allowing you to legally state on most job applications that you have never been arrested or convicted. However, you cannot annul a conviction immediately. Under N.H. Rev. Stat. Ann. § 651:5, you must complete a strict period of good behavior, meaning you cannot be convicted of any other crimes during this mandatory waiting period. Calculating exactly when you are eligible can be confusing, so finding an experienced lawyer through our directory is highly recommended to ensure you do not file prematurely and lose your filing fees.

When Does the Clock Start?

One of the most common mistakes applicants make is assuming the waiting period begins on the day they were arrested or sentenced. Under N.H. Rev. Stat. Ann. § 651:5, III, the waiting period clock begins strictly after the completion of all terms and conditions of the sentence. This means all jail time must be served, probation and suspended sentences completed, and all court fines and victim restitution paid in full before the clock even starts ticking. Filing prematurely before completing every sentencing term will result in a court denial and trigger a mandatory 3-year waiting penalty under N.H. Rev. Stat. Ann. § 651:5, IV before you can petition again.

Mandatory Waiting Periods by Offense Type

The severity of the crime dictates how long you must wait. Whether your case was heard in the 6th Circuit Court, District Division, Concord or the Hillsborough County Superior Court North, Manchester, the timelines are universally applied across the state.

Violations (1 Year)

Violations are the lowest level of offense in New Hampshire and do not carry jail time. Common violations include minor traffic offenses, possession of very small amounts of certain substances (where applicable as a violation), or local ordinance breaches. You must wait exactly 1 year after completing all terms and conditions of your sentence (including paying all fines) before you can petition the court for an annulment.

Class B Misdemeanors (2 Years)

Class B misdemeanors carry no jail time but result in significant fines (up to $1,200). Common examples include simple assault without bodily injury or criminal trespass. For standard Class B misdemeanors, you must wait 2 years before you are eligible to file your annulment petition. However, statutory exceptions apply: under N.H. Rev. Stat. Ann. § 265-A:21, I, a driving while intoxicated (DWI) conviction is subject to a strict 10-year waiting period rather than the standard 2-year timeline.

Class A Misdemeanors (3 Years)

Class A misdemeanors are more serious and can carry up to a year in a county jail. Examples include theft under $1,000, simple assault with bodily injury, or criminal mischief. The mandatory waiting period for a standard Class A misdemeanor is 3 years following the completion of all terms and conditions of your sentence. Notably, certain misdemeanors carry much longer statutory timelines: under N.H. Rev. Stat. Ann. § 651:5, III(h), any misdemeanor domestic violence offense under N.H. Rev. Stat. Ann. § 631:2-b requires a 10-year waiting period, while subsequent DWI convictions are generally entirely ineligible for annulment under N.H. Rev. Stat. Ann. § 265-A:21, II.

Felony Offenses (5 to 10 Years)

Felonies are the most serious crimes and have the longest waiting periods under N.H. Rev. Stat. Ann. § 651:5. Precedents like State v. Meister, 125 N.H. 435 (NH Supreme Court 1984) emphasize that annulment is a privilege, not a right, especially for severe offenses.

• Class B Felonies: Generally require a 5-year waiting period. Examples include possession of a controlled drug (felony level) or computer offenses.
• Class A Felonies: Require a 10-year waiting period. Examples include serious assaults, large-scale thefts, or certain weapons charges.
• Violent Crimes/Sex Offenses: Many violent crimes, sexual assaults, and serious corruption charges are entirely ineligible for annulment, no matter how much time has passed.

What Resets the Waiting Period Clock?

The waiting period requires complete legal good behavior. If you are convicted of any new crime (other than a minor motor vehicle violation) during your waiting period, the clock resets. Furthermore, New Hampshire applies the 'subsequent conviction rule.' If you get a new conviction, you cannot annul your older, lesser charges until the waiting period for the newest, most serious charge has completely expired. For example, if you have a Class B misdemeanor from 2020 and get a Class A felony in 2022, you cannot annul the misdemeanor until the 10-year felony waiting period is over.

Frequently Asked Questions (FAQ)