New Hampshire Public Records Law

The New Hampshire Right to Know Law ensures that citizens have access to government records and meetings. Under this law, interested members of the public have the right to inspect and copy any information created, accepted, obtained by, or on behalf of public bodies and agencies in New Hampshire.

Where Do I Submit a Public Record Request in New Hampshire?

Each state and local government agency in New Hampshire is responsible for maintaining and responding to requests for its own records. As such, public record requests must be submitted directly to the specific agency holding the record in question.

To this end, most agencies typically appoint a contact person or office/department to handle their record requests. The name and contact details of this records officer/department are typically available on the agency's website or through direct inquiry.

How Do I Request Public Records in New Hampshire?

Here are the general steps for requesting access to public records in New Hampshire:

Identify the agency holding the records that you need to access.
Reach out to the designated officer or department responsible for handling the agency's public records requests.
Submit your request. While some agencies accept oral requests, submitting a written request via mail, email, or an online portal (if available) is recommended to ensure clarity and for documentation purposes.
Pay any applicable fees. Note that some records may require proof of identity or additional documentation to access.

In addition to contacting the agency directly, you may also be able to access certain New Hampshire public records through third-party websites. However, these platforms often charge a service fee (in addition to the copy fees), and the accuracy or completeness of their records may not always be guaranteed.

What Records Are Public in New Hampshire?

Several types of government records are accessible to the general public in New Hampshire, including:

Judicial/Court Records: these include civil and criminal case files, probate documents, court orders, bankruptcy filings, and other documents maintained by New Hampshire's Circuit and Superior Courts, as well as its Supreme Court.
Law Enforcement Records: examples include arrest records, police reports, jail and inmate records, sex offender registry information, and criminal records (note that some restrictions may apply to criminal history information).
Property Records: such as deeds, mortgage records, zoning permits, tax assessments, and related documents.
Government Financial Records: examples of these include budget reports, audit findings, and public contracts.

Additionally, even though vital records are generally considered private in New Hampshire, these records typically become publicly accessible after a certain period - 100 years for birth records and 50 years for death, marriage, and divorce records.

Who Can Request Public Records in New Hampshire?

The Right to Know Law grants every "citizen" access to government records in New Hampshire; however, this law does not specify whether this is limited to citizens of New Hampshire or extended to citizens of the United States. As such, any interested party can typically request public records in the state.

What Is the Response Time for Public Records Requests in New Hampshire?

Under the Right to Know Law, agencies must make government records "immediately available" upon request. However, if the agency cannot make the records available for immediate inspection and/or copying, then they must respond to the request within five business days. This response may either be providing the requested records, denying the request, or providing a written statement indicating how long it will reasonably take to decide whether the request will be approved or denied and the reason for the delay.

What Is the Fee Charged for Providing Copies of Public Records?

Per state law, agencies are permitted to charge requesters the actual cost of copying the requested records. As such, the cost of obtaining copies of public records in New Hampshire typically varies by agency, the number of copies requested, and how the records are copied.

Note that there is typically no cost for only inspecting or having records sent to you without copying. However, if you request more than 250 electronic communications, such as emails or text messages, the agency can charge you up to $1 for each communication beyond the first 250 (in addition to the actual cost of providing copies).

What Records Are Exempted Under the New Hampshire Public Records Law?

While the Right to Know Law promotes public access to government records, some records are exempt from disclosure. These exemptions include (but are not limited to):

Attorney-client privileged communication
Personnel, medical, welfare, and other records that, if released, would invade someone's privacy
Parole and pardon records
Records of grand and petit juries
Confidential commercial or financial information
Personal school records of students
Test questions, scoring keys, and exam data for licensing, employment, or academic tests
Records about information technology systems, cybersecurity plans, vulnerability assessments, or network diagrams that, if released, could be used to breach security