Sealing Dismissed Charges and Nolle Prosequi Cases in New Hampshire
While New Hampshire law provides automatic annulment for non-convictions resolved on or after January 1, 2019, administrative gaps and older cases often leave arrest records public. In those situations, you must proactively file a petition to annul your record under N.H. Rev. Stat. Ann. § 651:5 to protect your background checks.
When Records Do Not Disappear Automatically
A widespread misconception in the criminal justice system is the assumption that once charges are dropped, your record is automatically wiped clean in every instance. Under N.H. Rev. Stat. Ann. § 651:5, II-a(a), New Hampshire provides for automatic annulment 30 days after a dismissal, acquittal, or entry of nolle prosequi for offenses resolved on or after January 1, 2019. However, for charges disposed of prior to 2019, or when automated data transmission gaps leave an arrest visible on law enforcement dockets, the record remains accessible to employers and landlords. In these situations, you must proactively file a petition to annul under N.H. Rev. Stat. Ann. § 651:5. If you need assistance sealing an unconvicted case, you can browse our directory to find a skilled local attorney to handle the filing.
Why You Must Proactively Annul Non-Convictions
When you are arrested, a permanent entry is created in the New Hampshire State Police, Concord database. Without a court order demanding that this entry be sealed, anyone running a standard background check will see that you were arrested and charged with a crime. This can lead to heavy prejudice, even if the final disposition shows you were not convicted. Fortunately, New Hampshire law allows you to petition for an annulment of a non-conviction immediately, without the lengthy waiting periods required for guilty verdicts.
Specific Scenarios for Sealing Charges
There are several different ways a case can end without a conviction. The legal process is generally the same, but the documentation required varies slightly depending on how your case was resolved in courts like the 10th Circuit Court, District Division, Portsmouth or the Grafton County Superior Court, North Haverhill.
Cases Dismissed After Successful Diversion
Many first-time offenders are offered pre-trial diversion programs. In these programs, you agree to complete community service, attend counseling, and pay restitution. If you successfully complete the terms, the prosecutor agrees to dismiss the charges. However, the arrest remains. You must file Form NHJB-3056-DSe, New Hampshire, Circuit Court, Petition of Eligibility for Annulment of Record Non-Conviction, to seal the footprint of that diversion program from your public record.
Charges Dropped Before Arraignment (Nolle Prosequi)
Sometimes, a prosecutor reviews the police report and realizes there is insufficient evidence to move forward. They will file a 'Nolle Prosequi' (often called a 'nol pros'), meaning they formally abandon the prosecution before a trial even begins. Because you were never convicted, you have the immediate right to file for an annulment. In precedents like State v. Skinner, 149 N.H. 102 (NH Supreme Court 2003), courts emphasize the state's interest in allowing individuals who were not convicted to restore their good name.
Acquittals (Not Guilty Verdicts)
If you take your case to a full jury trial and win a 'Not Guilty' verdict, you have been fully vindicated. Yet, the arrest and the trial record still exist. You must petition the court to annul the arrest record. Courts almost universally grant annulments for acquittals because keeping the arrest public serves no legitimate state interest after a jury has legally declared you innocent.
The Step-by-Step Legal Process
To seal your non-conviction, you or your attorney must gather your criminal history from the State Police to prove you have no other pending charges. You then file the petition at the exact court where your case was dismissed. When annulling a non-conviction, N.H. Rev. Stat. Ann. § 651:5, IX exempts petitioners from the $100 Department of Corrections investigation fee and the $100 Department of Safety fee required for conviction annulments. However, the court still requires the standard $125 court filing fee unless you submit an indigency fee waiver request. Once the judge signs the order, it is forwarded to the arresting police department and state agencies, legally mandating them to seal the files.
Frequently Asked Questions (FAQ)
Do I have to wait to annul a dismissed charge?
No. Unlike convictions that carry waiting periods of up to 10 years, you can file a petition to annul a dismissed charge, a nol pros, or an acquittal immediately after the court formally closes the case.
What happens if the prosecutor objects to the annulment?
While rare for straight dismissals, if a prosecutor objects, the judge will schedule a brief hearing. Your lawyer will argue that sealing the record serves the public interest and assists in your rehabilitation.
Will the arrest still show up on FBI background checks?
Once the New Hampshire court grants the annulment, the state is supposed to update the national databases. While the arrest is sealed for public employment, law enforcement and certain federal agencies may still be able to view the sealed record.
Can I legally deny that I was arrested after the annulment?
Yes. Under New Hampshire law, once an annulment is granted, the event is legally treated as if it never occurred. On standard job applications, you can legally state that you have never been arrested for that charge.
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